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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