795 / 822
of the Notice brought proceedings against the per
son in possession of the house to recover possession.
The defendants claimed to be entitled to the tenant's
interest under Section i2(i)(G) of the Rent Restric
tions Act 1920 which
is similar
in
terms
to
Section 39
(3)
of our Rent Restrictions Act
1946.
As
the parties
in possession were not
the tena'ts, this
defence was
not
available.
It was held by the High Court that the
i otice
to quit served on the President of the Probate,
Divorce and Admiralty Division of the High Court
was a good and valid notice.
An order for pos
session was made in favour of the plaintiff.
It
was not necessary to decide whether the President
of the Probate Divorce and Admiralty Division
of the High Court incurred any liability on foot
of the rent and covenants in the lease, but Lord
Justice Somerville expressed
the view that the
President was clearly not liable for the rent, and
Lord Justice Cohen was also of the view that the
President incurred no financial liability.
COSTS OF MORTGAGES UNDER
THE SMALL DWELLINGS
ACQUISITION ACT, 1899.
THE Council recently obtained
the opinion of
Counsel as
to the position with regard to
the
mortgagee's costs on
loans under
the above-
mentioned Act.
In a particular case which was
brought to the notice of the Council a number of
applicants applied for loans in respect of separate
sites held under a common title.
The solicitor
for the
local
authority
advancing
the money
obtained an abstract of title in each case furnished
separate requisitions on title, and obtained separate
copies of all the documents.
A deed of mortgage
was drawn up and executed by each mortgagor.
It was suggested that under the provisions of
the Small Dwellings Act, as amended, a mortgagor
was not liable to pay the mortgagee's costs other
than the costs and fees of registration of the title
under Section 15.
It was also doubtful whether the solicitors for
the local authority were entitled to charge the
full scale fee in respect of each mortgage, or whether
the costs of each mortgage after the first should
be charged under Schedule 2.
In the latter event
it was not clear as to how the total costs could
be charged among the various mortgagees on an
equitable basis.
With regard to the first point Counsel advised
that the ordinary rule that a mortgagor is liable
cor the mortgagee's costs is not affected by the
Small
Dwellings
Acquisition Act,
1899,
as
amended.
With regard to the second point, Counsel advised
that provided 'the solicitor
for
the mortgagee
carries out substantially, in respect of each mort
gage, the work mentioned in the Scale, he is en
titled to charge the scale fee, and the mere fact
that the work is simplified by repetition does not
exclude the application of the scale. On the facts
before him he was of opinion that the solicitor
had in fact carried out substantially all the work
laid down by the scale, and would be entitled
to charge the full scale fee in respect of each mort
gage.
PRIZE FOR THESES ON
INTERNATIONAL LAW
THE Society has been requested by the Depart
ment of External Affairs to draw the attention of
members and their apprentices to the provisions
of a competition for a prize for theses on specified
subjects connected with international law held by
the Leiden University Holland, as trustees of a
bequest known
as
the Legatum Visserianum.
The competition is open to citizens of Ireland
and the latest date for submitting theses will be
ist November, 1950. Cash prizes will be awarded
to the candidates submitting the winning theses.
Further particulars may be obtained from
the
Secretary.
REGISTRATION OF TITLE ACTS
1891 AND 1942
NOTICE.
Folio 5891.
COUNTY GALWAY.
Registered Owner :
JOHN NEE.
An application has been made by the Registered
Owner to the Registrar of Titles for the issue of
a Certificate of Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been lost or inadvertently destroyed.
The
Registrar of Titles will issue a duplicate Certificate
unless he is notified within 28 days from the date
of this Notice that the said Certificate of Title
is still in existence and in the custody of some
person other
than
the above-named Registered