139 / 216
AUGUST, 1923]
The Gazette of the Incorporated Law Society ol Ireland.
17
the Land Bill, the position is as follows : The
costs in connection with the redemption
price of superior or intervening interests are
payable to the Owner of these interests.
Hence they will be allocated on the schedule
in their due priority. The Vendor's costs of
sale are payable out of the purchase money
which he receives, and the practice under
which his Solicitor's claim goes on the schedule
is merely the result of an arrangement
between
the parties
interested, and has
no legal validity.
If the Solicitor for the
Vendor wishes to have his costs allocated on
the schedule he will receive those costs in
bonds, but if not, it is open to him, and in
fact I take it that it would be the invariable
procedure, to arrange with the Vendor to get
the costs in cash. In any event I assume that
in practice the Solicitor could make arrange
ments under which he could exchange the
bonds with the Vendor foj cash even if his
claim appeared in the schedule.
I am afraid it would be impossible to
make any better arrangements. Any other
arrangements would mean providing every
Vendor with a certain amount of cash to pa}'
his costs, and if cash payments were made in
this matter it would be difficult to draw the
line. The general rule was adopted that all
payments were to be made in bonds, and I
think you will understand that if there was
one exception made it would be necessary to
make a good many more.
Yours faithfully,
(Signed) P. HOGAN.
W. G. Wakely, Esq.,
The Incorporated Law Society of Ireland,
Dublin.
Damage to Property Compensation Act, 1923.
On the 1st August, in reply to a question
put to him by Mr. FitzGibbon, K.C., in Dail
Eireann, the Minister of Finance stated, that
the form of notice issued by him to be served
by applicants under Section 4 of the Act only
applies to claims put forward for the first
time since the passing of the Act, and that
applicants who have already served notice
in compliance with the resolution of Dail
Eireann of 1st November, 1922, need not
serve the notice required by Section 4.
This reply does not refer to, nor obviate
the necessity of serving, the notices required
by the County Court rules of procedure
dated the 25th July, 1923.
Damage to Property (Amendment) Act, 1923.
This Act provides that the Damage
to
Property (Compensation) Act, 1923, shall be
amended as follows :—
(1) The "12th day of May, 1923," shall
be substituted for the " 20th day of March,
1923 " in the following sections, sub-sections
and paragraphs :—
(a)
In sub-sec. (6) of sec. 14.
(b)
In clause (c) of sub-sec. (9) of sec. 15,
(c) In sub-sec. (10) of sec. 15.
(d)
In sec. 16.
(e)
In sub-sec. (5) of sec. 17; and
(2) The word "four" shall be substituted
for the word " three "
(a)
In sub-sec. (1) of sec. 2.
(V)
In sec. 3.
(c)
In sub-sec. (1) of sec. 15.
Appointments.
Mr. Thomas S. Colbert, Solicitor, Water-
ford, has been appointed Under Sheriff for
the County of Waterford, in room of Mr. J. T.
Hudson, retired.
Mr. George V. Maloney, Solicitor, Coote-
hill, has been appointed Under Sheriff for the
County of Cavan, in room of Mr. T. R.
Blackley, retired.
Obituary.
MR. THOMAS J. DUNNE, Solicitor, died upon
the 1st July, 1923.
Mr. Dunne served his apprenticeship with
Mr. Michael Verdon, Solicitor, Castlebar, was
admitted
in Hilary Sittings,
1919,
and
practised at Castlebar.
MR. JOHN F. SMALL, Solicitor, died upon
the 5th July, 1923, at his -residence 37 Hill
Street, Newry.
,
Mr. Small was admitted in Michaelmas
Term, 1874, and practised at Newry.