41 / 112
AUG., 1909]
The Gazette of the Incorporated Law Society of Ireland.
87
payment by tenants of their purchase annuities,
will retard building operations and the develop
ment of land near our cities and towns, and
o-enerally will cause a serious depreciation of
the value of all landed property in Ireland.
SOLICITORS' BUILDINGS,
FOUR COURTS, DUBLIN,
July,
1909.
Recent Decisions affecting Solicitors.
(Notes ofdecisions, whether in reported or unreported
cases, of interest to Solicitors are invited from
Members?}
HIGH COURT OF JUSTICE IN ENGLAND.
CHANCERY DIVISION.
(Before Eve, J.)
Estate of the Right Hon. Edivard Henry Stuart,
Earl of Darnley, deceased.
Clifton
v.
Darnley.
June 16th, 1909.—
Costs of Sale—Irish Land
Act,
1903—
Percentage remuneration.
THE estate of the late Earl of Darnley being
administered in the English Chancery Division,
Messrs. Stevenson Arthur Blackwood and
Lionel Henry Gust, the trustees of the will of
the late Earl, were authorized by an Order of
the said Court to carry out the sale of the
Irish estates to the tenants under the Land
Act of 1903.
By a provisional agreement, dated March 30,
1907, made between the trustees and Messrs.
Montgomery and Chaytor, Solicitors, the costs
of the sale were
fixed at a percentage of
two per cent, on the gross purchase moneys
amounting
to
sixty-five
thousand pound's.
This agreement came before the Master in
Chancery for approval and was referred by
him to the Judge.
The matter was argued before Mr. Justice
Eve, and after hearing Counsel for the appli
cants, and also for the plaintiff and defendant
in the suit, the Judge confirmed the agreement
for payment of the two per cent., the solicitors
to be paid in addition such outlay as was
excluded in the scale of the Incorporated
Law Society of Ireland as set out in their
Memorandum of the aoth of Februar}-, 1904.
The Costs of all parties allowed.
(Communicated by Messrs. Montgomery and
Chaytor, Solicitors).
Land Purchase Practice.
THE attention of the Estates Commissioners
having been drawn by a firm of solicitors to
delay in returning deeds lodged in the Com
missioners' office
in
connexion with
the
transfers of tenants' interests
in holdings,
pending vesting, the following reply has been
received by the firm :—
ESTATES COMMISSIONERS' OFFICES,
DUBLIN,
i^thjuly,
1909.
SIRS,—In reply to your letter of the roth
instant, in reference to the delay in returning
certain Deeds of Assignment, I am directed
by the Estates Commissioners to say that
arrangements are being made so that transfers
of tenants'
interests
in holdings, pending
vesting, will be more expeditiously noted in
future, and the documents returned to the
Solicitors with as little delay as possible. The
delay in noting assignments has been mostly
due to the enormous number of purchase
agreements executed in anticipation of the
recent revision of the Bonus, and lodged in
this office.
Purchase agreements representing
over ten millions were lodged in one fortnight,
and the identification of holdings referred to
in assignments had
to be deferred
in a
number of cases until particulars of
the
purchase agreements had been entered on
the Record of Proceedings in reference to
each estate, and
the necessary entries
in
connexion with each purchasing tenant made
in the books of the Collecting department,
and some
time had
to elapse before the
Purchase agreements could be identified and
the necessary endorsements made thereon.
Your obedient Servant,
JOHN T. DRENNAN.
Housing of the Working Classes (Ireland)
Act, 1908.
ADAPTATION ORDER.
HOUSING OF THE WORKING CLASSES (IRELAND)
ACTS, 1890 TO 1908.
By the Lord Lieutenant and Privy Council
of Ireland.
ABERDEEN.
WHEREAS it is enacted by section 6 of the
Housing of the Working Classes (Ireland)
Act, 1908, that where a petition is presented.