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Vol. 43
No. 8
February,
1950
THE GAZETTE
of the
INCORPORATED LAW SOC IETY OF IRELAND
President
W
illiam
J . N
orman
Vice-Presidents
T
homas
A.
O ’R
eilly
D
ermot
P. S
haw
'
Secretary
E
ric
A.
P
lunkett
.
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL
J
anuary
12
th
, 1950. The President in the Chair.
Also present: Messrs. T. A. O’Reilly and Dermot
P. Shaw, Vice-Presidents, John R. Halpin, F. J.
Gearty, Desmond Mayne; John Carrigan, Roger
Greene, Henry St. J. Blake, James J. O’Connor,
John J . Nash, Reginald J. Nolan, J. D. O’Connell,
James R. Quirke, P. R. Boyd, W. S. Hayes, Daniel
O’Connell, G. A. Overend, Sean O’hUadhaigh,
Patrick F. O’Reilly, William L. Duggan, Arthur
Cox.
The following was among the business
transacted :—
Costs o f arbitrations
T
he
Council considered a report from a Committee
on the subject o f the costs allowed by the arbitrator
on assessing the value of land compulsorily acquired
by local authorities under the Acquisition o f Land
(Assessment of. Compensation) Act, 1919. A note
showing the basis upon which such costs will be
allowed, as agreed between the Society and the
official arbitrator is printed below, at page 47.
Costs o f a lease and mortgage o f registered
land
A member of the Society acted for the owner in
fee-simple o f registered land, the equities having
been discharged. The client made eight leases of
plots carved out of the folio at a fine o f £675,
and a rent of £6 15s., for each lease. No “ L ”
folio was opened, each lease being registered as a
burden on the freehold folio. Each lessee raised
a sum o f £500 by a mortgage o f a leasehold interest
to a building Society for whom the same solicitor
acted. The Council expressed the opinion that the
costs o f preparing, settling and completing each
lease should be drawn on the Land Registry Scale,
but that the costs of each mortgage should be drawn
under the Solicitors’ Remuneration General Orders
1884-1947. The Council also expressed the view
that rules 3 and 6 of Schedule 1, Part 1, S.R.G.O.
1884, applied and that if the same solicitor acted
for the mortgagees and the lessor only half the fee
for investigating title and preparing the mortgage
deed could be charged.
45