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Vol. 50
No. 9
MARCH,
1957
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
PruiJtnt
NIALL S. GAFFNEY
Vice-Pruidents
DESMOND J. COLLINS
CHARLES J. DOWNING
Sierilarj
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL.
FEBRUARY zSrn : The President in the Chair :
Also
present: Messrs. Desmond J. Mayne, Scan O
hUadhaigh, Francis J. Gearty, Cornelius J. Daly,
James R. Quirke, Patrick R. Boyd, Reginald J.
Nolan, Ralph J. Walker, Robert McD. Taylor,
Peter E. O'Connell, Arthur Cox, Francis J. Lanigan,
George A. Nolan, John Carrigan, Dermot P. Shaw,
Terence de Vere White, Henry St. J. Blake, Louis
Walsh, Patrick F. O'Reilly, George G. Overeiid,
W. J. Comerford, John J. Shell, Joseph P. Tyrrell,
John J. Nash, Joseph Barrett, Thomas A. O'Reilly.
The following was among the business transacted :
Letting agreements drawn by auctioneers.
MEMBERS informed the Society that an agreement
for the letting of a furnished flat had been drawn
up by a firm of auctioneers and estate agents. On
a report from a Committee it was decided to write
to the auctioneers concerned drawing their attention
to the provisions of Section 58 of the Solicitors Act
1954 and asking for an undertaking that such agree
ments would not be prepared by the firm in future.
Payment of costs in land bonds.
THE Council considered a report from a Committee
which had obtained the opinion of senior counsel
on the question whether a solicitor acting for an
owner whose lands are compulsorily acquired by
the Land Commission must accept payment of his
costs in land bonds which may stand below market
value. Counsel advised that the owner's solicitor
may elect either to go on the allocation schedule as
a claimant in respect of the solicitor and client costs
or to put the name of the owner on the allocation
schedule as the claimant.
If the solicitor is treated
as the claimant he must accept payment of his
costs in land bonds for the nominal value of the
costs.
In this event the land bonds will be trans
ferred to the solicitor direct. If the owner's solicitor
stays off the allocation schedule the claimant will
be treated as the owner of the bonds which will be
transferred to him direct. The disadvantage of the
latter course is that the solicitor loses the right of
direct access to the land bonds. If the land bonds
are transferred to the client the solicitor will be
entitled to ask the client for payment in cash.
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