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Vol. 51
No. 8
February,
1958
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
President
JOHN CARRIGAN
Vice-Presidents
JOHN R. HALPIN,
FRANCIS J. LANIGAN
Secretary
ERIC A. PLUNKETT
FOR CIRCULATION AMONG
MEMBERS
MEETINGS OF THE COUNCIL
JANUARY i6tH : The President in the Chair. Also
present: Messrs. Francis J. Lanigan, John R. Halpin,
Niall S. Gaffney, George A. Nolan, John J. Sheil,
Francis X. Burke, George G. Overend, Patrick R.,
Boyd, Derrick M. Martin, Desmond J. Collins,
Arthur Cox, James R. Quirke, Cornelius J. Daly,
Terence de Vere White, Ralph J. Walker, Eunan
McCarron,
Charles
J. Downing,
Peter
E.
O'Connell, John B. Jermyn, William Dillon-Leetch.
Joseph. P. Tyrrell, John Maher, William J. V.
Comerford, Desmond J. Mayne, John J. Nash,
Robert McD. Taylor, James J. O'Connor, Patrick
Noonan.
The following was among the business transacted :
Draft Rules as to Costs
SUPERIOR COURTS RULES COMMITTEE
THE consideration of the draft rules was referred
to a sub-committee for report.
Uncompleted Business
A MEMBER acted for the purchaser of freehold regis
tered land, the price being £3,050. There was no
note as to equities on the folio. The sale was not
finally completed as before execution of transfer,
but after every other step had been taken, the pur
chaser found himself in financial difficulties and was
unable to complete. Member enquired whether he
was entitled to charge the commission scale fee as
in his view he had performed substantially the work
required in order to earn it. The Council on a report
from the committee stated that on the facts submitted
the business was uncompleted and that the costs
should be charged under the old system as modified
by Schedule II.
Costs of Lease
URBAN property was held under a lease dated I9th
March, 1842, for a term'of 100 years at the yearly
adjusted rent of £18 155. The lessee was entitled
to a new lease under Part 3 of the Landlord and
Tenant Act, 1931 as amended, and the lease was
negotiated for a term of 99 years at the yearly rent
of £125, lessee to pay all rates on R.V. £35, to
carry out all repairs and to insure for £4,500. The
parties asked the Council to decide on which scale
the costs should be charged. The Council on a
report from a Committee which considered an
auctioneer's valuation made for the purpose of the
negotiations for the lease stated that on the facts
submitted they were of the. opinion that the lease
is a long lease not at a rack rent.
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