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THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
President
R
oger
G
reene
Vice-Presidents
N
ia ll
S.
G
affn ey
F
rancis
J . G
earty
Secretary
E
ric
A.
P
lunkett
FOR CIRCULATION AMONG MEMBERS
MEETING OF THE COUNCIL
ist
F
ebruary
,
1951 : The President in the Chair.
Also present: Messrs. Niall S. Gaffney and Francis J.
Gearty, Vice-Presidents, Messrs. Thomas A. O’Reilly,
Joseph Barrett, James R. Quirke, James J. O’Connor,
Dermot P. Shaw, Reginald J. Nolan, William J.
Norman, Laurence F. Branigan, John F. Carrigan,
Gerald J. O’Donnell, George A. Overend, Desmond
J. Mayne, John J. Nash, Joseph P. Tyrrell, Patrick F.
O’Reilly.
The following was among the business transacted :
Lessor and lessee—Incidence o f costs
A L
ea se
of a site was granted for the erection of a
dwelling house in consideration of a ground rent and
a small fine. There was an open contract between the
parties for the granting o f the lease.
A
difference of
opinion arose as to the costs for which the lessee was
liable and which he should pay, and the matter was
referred to the Council who expressed the following
opinion :—
{a)
The lessee is liable for the scale fee of
the lessors’ solicitor on the rent, and also for the scale
fee of the same solicitor on the fine, but in the case of
a transaction made by way o f a lease, which is sub
stantially a sale in consideration of a rent and a fine,
the Council have already recommended .that the
agreement between the parties should stipulate that
each party will pay his own costs ; (
b
) mortgagees on
the lessors’ interest were required to join. In the
opinion o f the Council the lessee is not liable for the
costs of the mortgagees’ solicitor but is liable to pay
the sum of
£ 1
11s. 6d., being the costs of the lessors’
solicitor in connection therewith under S.R.G.O.
1884, Schedule 1, part 2, rule 3 ;
(f)
it is the right of
the lessee’s solicitor to stamp and register the lease,
but if this right is exercised the lessee must pay the
costs o f the lessors’ solicitor in connection with the
execution of the memorial by the lessors ; (
d
) the
lessee is liable for the •surveyor’s mapping f ee ;
(,
e
) the printing charges are included in the lessors’
scale fee ; (/) the costs in connection with the P.D.
stamp are payable by the lessors and are not recover
able against the lessee;
(g)
under an open contract
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