50 / 116
The Gazette of the Incorporated Law Society of Ireland.
[Nov., 1907
A letter from Mr. Fottrell, Clerk of the
Crown and Peace of the County and the City
of Dublin, enclosing copy of correspondence
in reference to an application for increase of
his staff, was read, and referred to the County
Courts Committee.
A letter was read from a country member,
drawing attention to a letter which he had
received from a firm of assessors upon behalf
of an insurance company, nominating upon
behalf of the company an arbitrator under
the Workmen's Compensation Act, which
nomination the member had refused to act
upon, with
the
result
that
the
insurance
company settled the matter direct with him.
The same member also drew attention to a
Clerk of Petty Sessions who had issued a
circular to publicans drawing their attention to
the fact that their licences were ready, and
could be obtained from him upon payment of
a fee of
is. 6d.
A reply was directed to be sent
to the member informing him that the Council
approved of his action in reference to the
assessor, and
that
the Council were com
municating with the Registrar of Petty Sessions
Clerks as to the propriety of the circular issued
by the Clerk of Petty Sessions, but that in
neither case could proceedings be successfully
instituted by the Society under the Solicitors
Act against the parties referred to by him.
The President informed the Council that he
had received from Mr. Justice Wylie draft
rules under the Evicted Tenants (Ireland) Act,
1907, upon the previous Monday, that he had
submitted same to the Land Act Committee,
and
that he
had had an
interview with
Mr. Justice Wylie, and had made suggestions
to him in reference to the draft rules.
A report from the Court of Examiners, con
taining the result of the October Intermediate
Examination, and in reference to two petitions
of Law Clerks, applying to be bound under
section i 6 of the Solicitors (Ireland) Act, 1898,
recommending that the one petition should be
granted, and the other should be refused, was
read and adopted.
A memorial from an apprentice, seeking
liberty to have his indentures assigned, was
submitted and sanctioned.
An application by
an apprentice, whose
father had died during the previous month,
for exemption from attendance at senior lec
tures during the coming Michaelmas Sittings,
was, under the special circumstances, granted
by the Council.
The Council then adjourned.
The Council met upon Wednesday, the 3oth
October; the President (Mr. W. S. Hayes) in
the chair, and twenty-seven other members
present.
The half-yearly accounts of the Society were
submitted, and cheques for same were ordered
to be drawn and paid.
Letter in reply was read from the Registrar
of Petty Sessions Clerks in reference to Clerks
of Petty Sessions claiming fees for filling up
certain forms in connexion with the obtaining
of publicans'licences. Further particulars were
directed to be obtained in reference to the
contents of these forms.
An affidavit of a solicitor in support of an
application for renewal of his certificate was
submitted, and the application was granted.
A report from the Court of Examiners, con
taining the results of October Preliminary and
Final Examinations and
as
to award of
Findlater Scholarship for 1907, was submitted
and adopted.
A query was submitted from two solicitors
as to the scale under which the costs of a lease
should be drawn under the following circum
stances :—
A
lessee held under a lease for 21 years
expiring in 1913,31 the yearly rent of ^no, a
d\vellinghouse, with out-offices, in the city of
Cork, the poor law valuation of which was
.^47
6s. Sd.
The premises having become in
urgent need of repairs, and other improve
ments being deemed necessary, estimates were
obtained ;
and it was found that the repairs
and improvements would cost at least
£230.
After negotiations, the lessor accepted a sur
render of the existing lease, and granted to the
tenant a new lease, in consideration of the sur
render and in consideration of a covenant by the
tenant to expend within four months from the
date of the lease the sum of ,£230, at least, " in
structural repairs, alterations, and permanent
improvements to the premises." The term of
the new lease was for 21 years from the 2qth
September, 1906, at a rent of ^95 ; and the
lease contained a covenant by the lessor to
pay to the lessee the sum of ^200, upon pro
duction by the lessee of a certificate of the
architect of lessor that the said sum of ^230, at
least, had been expended, as provided for by
the lease.
The Council decided that the lease in ques
tion is a building lease, and, consequently,
that the costs of it should be drawn under the
scale applicable to building leases.
Draft annual report of the Council to be