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Vol. 50
No. 4
AUGUST,
1956
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
Pretident
DERMOT P. SHAW
Vici-Prisidentt
RALPH J. WALKER
GEORGE G. OVEREND
Surttary
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL.
JULY
I9TH: The President in the Chair.
Also
present Messrs. G. G. Overend, Ralph J. Walker,
Vice-Presidents, John R. Halpin, Francis J. Lanigan,
James R. Quirke, Arthur Cox, John J. Sheil,
Francis X. Burke, Joseph Barrett, Derrick M. Martin,
Scan 6 hUadhaigh, John J. Nash, James J.O 'Connor
Reginald J. Nolan, R. McD. Taylor, Francis J.
Gallagher, Peter E. O'Connell, Joseph P. Tyrrell,
Terence de Vere White, Desmond J. Mayne.
The following was among the business transacted.
Item charges under Schedule
2
S.R.G.O.
1884
A Sub-committee which was appointed to consider
proposals and draft any necessary submission to
the statutory committee under the Solicitors' Re
muneration Act 1881 for an increase in the present
item charges reported that the case should be
supplemented as far as possible with figures of
solicitors' gross earnings and expenses in 1938
and 1956, and that a questionnaire should be drawn
up for circulation to the profession or selected
members.
The Committee's report was adopted
and the Council referred the matter back for the
necessary action.
Long lease not at rack rent.
BY lease of 4th July, 1896, premises were demised
for 61 years at the yearly rent of £60 by A to B.
C. took part of the property with a publican's
licence by sub-lease dated ist May, 1939 for 16 years
at the yearly rent of £35.
C has now obtained a
renewal lease from A of the last mentioned premises
for a term of 65 years from ist May, 1955 at the
yearly rent of £50 with the usual covenants and
conditions. The property consists of a two-storey
shop, licence and dwellinghouse with the yard at
rere.
The landlord's valuer suggested a rent of
£75 and the tenant's and lessee's valuers suggested
-£50 which was agreed. The rateable value is £26
and both parties agreed that C would in all prob
ability have had rights of renewal under the Landlord
& Tenant Act, 1931, but the rights were lost as
the lessee failed to serve notice of intention for
renewal or relief under Section 24. Members asked
on submission to arbitration whether the costs
should be drawn on the higher scale or on the lower
scale applicable to leases at a rack rent. A committee
whose report was adopted by the Council stated
that the costs are payable on the scale appropriate
to a long lease not at a rack rent.