85 / 132
JAN., 1909]
The Gazette of the Incorporated Law Society of Ireland.
77
I:
New Solicitor.
|
ADMISSION DUKING DECKMBER, 1908.
Name.
Watson, ArthurB.,
Served apprenticeship to
Robert Hayes, Dublin.
Irish Land Act, 1903.
COPIES of the following Memorandum by the
Council were upon the i4th December, 1908,
sent to the Chief Secretary for Ireland, the
Irish Law Officers, Mr. Justice Wylie,
the
Estates Commissioners,
and Mr. T. W.
Russell, M.P.
INCORPORATED LAW SOCIETY OF IRELAND.
Memorandum as to percentage payable under the
Land Act, \
903,
on pending sales.
THIS Council have had under consideration
the Irish Land Bill of 1908, but postponed to
a later date the making- of any suggestions
with
a view
to
facilitating purchase pro
ceedings in accordance with
the intentions
of the Bill.
As, however, it now seems clear that no new
legislation can be expected for some time, the
Council submit it is of the highest importance
that steps should be taken at once by the
Government to enable vendors and purchasers
to know definitely what percentage by way of
bonus will be paid on the purchase-money of
estates proceedings for sale of which were
initiated on or prior to the 24th November,
1908, being the date of the
Dublin Gazette
containing notice of the Treasury Regulations.
This is especially necessary in the case of:—
(<z) Estates in respect of which the Estates
Commissioners have published Notices in the
Gazette
under the Evicted Tenants Act, 1907.
(b]
Estates in respect of which Originating
Requests for sale to the Estates Commissioners
under section 6 of the Land Act, 1903, were
lodged, or in respect of which Requests under
section 7 were issued on, or prior to, 24th
November, 1908.
(f) Estates in respect of which preliminary
inspections havj; been made, and prices named
by the Estates Commissioners on, or prior to,
24th November, 1908.
(if)
Estates in respect of which some, but
not all, of the purchase agreements were
lodged on, or prior to, 241!! November, 1908.
In all these cases the understanding in the
minds of the parties, and the basis on which
negotiations were carried on, was that a Bonus
of 12 per cent, would be payable on
the
purchase-money.
As, however, in many of these cases no final
"Agreement" was entered into on or prior to
the 24th November, 1908, doubts have arisen as
to whether such vendors may only be entitled
to the revised percentage.
The Council accordingly submit that, with
a view to removing the foregoing difficulties
and doubts, provision should immediately be
made by Treasury Notice in the Gazette or
otherwise, that the percentage, payable under
section 48 of the Irish Land Act, 1903, shall be
calculated at the rate of 12 per cent, on the
amount of the purchase-money advanced under
the Land Purchase Act in respect of: —
(a) Estates in respect of which any steps
were taken by the Estates Commissioners under
the Evicted Tenants Act, 1907, on or prior to
24th November, 1908.
(V)
Estates in respect of which Originating
Requests were lodged with the Land Com
mission, or in respect of which Requests under
section 7 were issued on, or prior to, the
24th day of November, 1908.
(f) Estates in respect of which the Estates
Commissioners have made preliminary in
spections, and have estimated prices at which
they are prepared to purchase such Estates.
(d)
Estates in respect of which some, but
not all, of the Purchase Agreements were
lodged on, or prior to, 24th November, 1908.
(<?) Purchase Agreements lodged after the
24th November, 1908, in substitution for, or in
modification of, Purchase Agreements under
the Irish Land Act, 1903, lodged on or before
the 24th day of November, 1908.
Solicitors' Buildings, Four Courts,
Dublin,
December \\th,
1908.
The following reply has been received from
the Right Hon. the Chief Secretary for Ireland.
" Irish Office, 18 Old Queen St., London, S.W.
" 15
th December,
1908.
" Sir,
" I am desired by the Chief Secretary to
"acknowledge the receipt of your letter of the
" I4th instant, with enclosed Memorandum on
"the subject of the pending Irish Land Bill,
"and to add that the matter will receive Mr.