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body in question is to hand over the originals of
title deeds held as security for a mortgage, except
the original lease of which a photocopy will be
supplied, if required, at a charge. The original lease
is held by the public body with the other title deeds
to the lessee's interest, and the counterpart is held
by the lessor. The Council decided to inform
members that no action could be taken in the matter.
It was decided to suggest as a matter of conveyancing
practice to solicitors acting for purchasers or lessees
of property which is bought with the assistance of
a loan that an extra copy of the draft lease or assign
ment should be made at the approval stage, which
could be made conformable with the original and
retained by the lessee or purchaser after stamping
registration and completion. The necessity of an
application to the lending society or public body
for a copy of the lease would thereby be avoided.
Mortgagee and mortgagor. Incidence of costs
of application for consent to lease.
A PROPERTY-OWNING Company executed a charge in
favour of mortgagees as security for an advance.
The material covenants in the mortgage were:
1. That no lease or letting of the land should be
made without the consent of the mortgagees
previously given in writing.
2. That in addition to all costs charges and
expenses, which in the absence of stipulation
to the contrary the mortgagees would be en
titled to add to their security. The mortgagees
might add in like manner costs charges and
expenses of every kind which they might incur
properly in relation thereto as between solicitor
and client, and that the same should after
demand for payment be deemed a further
advance.
The company requested the mortgagees to consent
to a letting of the lands and after negotiation and
incurring costs the mortgagees refused their consent.
The Council were asked on a submission to arbi
tration to decide whether the mortgagors were bound
to pay the costs of the mortgagees incurred in con
nection with the application for consent to the sub
letting, subsequently refused as aforesaid.
The
Council on a report from a Committee decided on
the facts submitted and as between the parties that
the mortgagors were liable to pay the mortgagees'
costs of the abortive application and negotiations
under the express covenant in the mortgage.
Funds in court. Loss in market values.
MEMBERS drew the attention of the Society fo hard
ship arising from depreciation in investments repre
senting funds lodged in court. On a report from a
Committee, the Council decided to bring the matter
to the notice of the Superior Courts Rules Committee
and to suggest
inter alia
that the Accountant General
should be authorised to invest funds in short-term
Treasury Bills.
OCTOBER ZND : Mr. Quirke in the Chair. Also
present: Dermot P. Shaw, Terence de Vere White,
G. G. Overend, John J. Sheil, Ralph J. Walker,
John Maher, P. R. Boyd, Scan O hUadhaigh,
Thomas A. O'Reilly, James R. Quirke, Desmond J.
Mayne.
A special meeting of the Council was held to
consider reports from the Court of Examiners on
the first and second Irish, Preliminary, first law and
the book-keeping examinations Autumn 1957.
OCTOBER IOTH : The President in the Chair. Also
present: J. R. Quirke, A. Cox, John R. Halpin,
George A. Nolan, John Carrigan, Desmond J.
Collins, James J. O'Connor, Ralph J. Walker,
Francis J. Lanigan, John J. Sheil, Reginald J. Nolan,
P. R. Boyd, Cornelius J. Daly, Joseph Tyrrell,
John Maher, F.
J. Gearty, T. A. O'Reilly,
P. E. O'Connell, W. J. Comerford, J. J. Nash,
C. J. Downing, R. McD. Taylor, G. G. Overend,
C. Gore Grimes.
The following was among the business transacted.
Attestation of documents.
A MEMBER wrote enquiring whether in the opinion
of the Council it is permissible or desirable for a
solicitor as an officer of the court to act as surety
on a bond given by the members of a Committee
for which he acts and to attest their signatures.
The Council decided to inform member that they
cannot advise on the legal position, but that they
are of opinion that it would be undesirable for a
solicitor to attest the signatures of other parties to
a document to which he himself is a party.
The new Schedule II.
THE Secretary stated that the Solicitors Remunera
tion General Order, 1957, had been signed by the
members of the Statutory Body and would be laid
on the table in each House of the Oireachtas. He
stated that he understood that the Oireachtas would
meet on October 73 rd and that under the provisions
of Section 6 of the Solicitors Remuneration Act
1881 the Order might be disallowed by a resolution
of either House within a month from that date.
Messrs. O hUadhaigh, Cox, Nash, Walker and
Overend were appointed as a sub-committee with
full authority and discretion to handle the business
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