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Vol. 41

No. 8

February,

1948

THE GAZETTE

of the

INCORPORATED LAW SOCIETY OF IRELAND

President:

SEAN C HUADHAIGH

JAMES R. QUIRKE,

JOHN J. SMYTH.

Secretary :

ERIC A. PLUNKETT

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL

JANUARY ijth. The President in the chair: Also

present: Mr. James R. Quirke, Vice-President;

Messrs. Thomas A. O'Reilly, Francis J. Gearty,

Joseph P. Tyrrell, James J. Lynch, William S. Hayes,

Daniel O'Connell, Henry P. Mayne, Reginald J.

Nolan, Patrick F. O'Reilly, Henry St. J. Blake,

William J. Norman, George A. Overend, Arthur

Cox, John J. Bolger, John P. Carrigan, Louis E.

O'Dea, Dermot P. Shaw.

The

following

was

among

the

business

transacted :

Advertisement by Notary Public

THE Council considered a report from a Committee

on a letter from a Bar Association stating that a

certain Notary Public, who was a solicitor, had

published in a local paper an advertisement stating

that he would attend a certain town on a stated day,

to authenticate documents for use

in America.

The Secretary reported that he had written a letter

to the Notary concerned, inviting his observations

in the matter and received no reply. He further

stated that he had been informed by the Registrar

to the Chief Justice that there is a rule of the Chief

Justice which prohibits a Commissioner for Oaths

from inserting advertisements in newspapers.

It

was ordered that a copy of the advertisement con

cerned in the present report should be sent to the

Chief Justice.

Costs of lease

STATEMENT of facts for the opinion of the Council:

By lease dated October, 1947, a residence with about

one acre of land was demised to a Golf Club for a

term of 99 years at a yearly rent of £56, with a fine

of £1,000 and with a covenant to expend within two

years a sum of £350 in permanent improvements to

the premises. The P.L.V. of the buildings was

£12 IDS. od. and of the land £i xos. od.

QUERY :

Is the lease—

(a)

a building lease;

(b)

a long lease not at a rack rent or

(c)

a lease at a rack

rent, within the meaning of the Solicitors' Remunera

tion General Order, 1884 ?

OPINION OF THE COUNCIL :

The lease

(a)

is not a

building lease;

(b)

is a long lease not at a rack rent;

(i)

is not a lease at a rack rent.

47