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tion of a textbook on company law with funds
subscribed as a memorial
to
the
late Arthur
Cox, a former President of the Society. The pro
ject for a textbook on company law had proved
impracticable. The Society had suggested that the
fund should be used for the publication of legal
textbooks without restriction as to title. A subs
tantial amount is standing to the credit of the
fund.
Registered land, one sale, three titles
In a sale for a sum of £7,000 the title consisted
of three folios. The first was a title registered
over 40 years ago. The second was a title regis
tered 22 years ago and the third was a title
registered for 17 years. The member enquired
whether the price should be apportioned as bet
ween the three folios on the basis of area and the
costs calculated on different scales accordingly.
The Council on a report from a committee stated
that member was entitled to charge the full com
mission scale fee on the purchase money, £7,000,
notwithstanding that the equities had been auto
matically discharged on one of the folios.
Sale, Agreement by purchaser to pay vendor's
costs
On a sale, the consideration being £85 the pur
chaser verbally agreed to pay the vendor's costs.
He subsequently refused to pay the vendor's costs.
The contract was embodied in a letter which
makes no reference to the costs. The Council on
a report from a committee stated that an agree
ment by a purchaser to pay the vendor's costs to
be enforceable should be in writing.
October 16th: The President in the chair; also
present :
Messrs. John Carrigan, Robert McD.
Taylor, Desmond Moran, Ralph J. Walker, John
Maher, John O'Meara, Christopher Hogan, Wal
ter Beatty, Joseph L. Dundon, William M. Cahir,
Bruce St. J. Blake, Patrick C. Moore, Augustus
Cullen, Brendan A. McGrath, Desmond J. Col-
lins, Gerard M. Doyle, Gerald J. Moloney, Gerald
Y. Goldberg, George A. Nolan, Thomas Jackson,
James R. C. Green, Francis J. Lanigan, James
W. O'Donovan, Patrick Noonan, Richard Knight,
Norman T. J. Spendlove, Senator John J. Nash,
Peter D. M. Prentice, William A. Osborne, Gerald
Hickey, and Peter E. O'Connell.
The Council passed in silence a vote of sympathy
with the family of the late Daniel J. O'Connor
a principal of the firm of Arthur Cox & Co. and
a member of the Council.
Solicitor-executor witnessing will
A member prepared a will for a testator some
years ago in which he was appointed executor of
the will containing the usual charging clause for
costs. In the particular circumstances member had
to attest the will. He asked for guidance as to the
course
to be
taken. The Council stated
that
member would be at liberty to take one or other
of two courses :
(a) Making a contract with the beneficiaries
for payment of the fees before taking out
representation.
(b) Renouncing the executorship and allowing
one of the beneficiaries to prove. If the
personal representative then instructs the
member he would be entitled to charge in
the ordinary way.
Right to hold an original lease
The Council expressed the opinion that the Land
lord and Tenant (Ground Rents) Act 1967 did
not change the former law under which a lessee
or tenant was entitled to hold the original lease
or letting agreement, the lessor or landlord being
entitled to the counterpart.
Costs—Same solicitor for lessor and lessee
Section 32 of the Landlord and Tenant (Ground
Rents) Act 1S67 enacted that notwithstanding any
rule of law a party to a lease is not under an
obligation to pay the solicitor's costs of the lease of
any other party thereto and any stipulation to the
contrary, if the contract is made after 1st March
1967 is void. A member enquired as to the proper
basis of charge in a case in which he acts for
lessor and lessee. The Council on a report from
a committee stated that Rule 2, Schedule 1, Part
2 S.R.G.O. 1884-1964 entitles a solicitor for lessor
and lessee to charge only one commission scale fee.
The rules do not indicate who is to pay the fee.
The most equitable method of dealing with the
matter would be that the solicitor for the parties
should opt for the lessor's fee. The proportion of
this fee equal to the lessee's fee could be charged
to
the lesree and the balance charged
to
the
lessor. The lessee would be liable for stamp duty
on the lease and for registration charges and the
professional fee for registration in the Registry of
Deeds, where applicable.
Solicitors in the Oireachtas
The Report of the Council for the year ended 30th
September 1969 contained one omission and one
printer's error. The name of Senator Alexis
Fitzgerald was omitted in the list of solicitor/
senators and the name of Senator Michael J.
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