9 / 112
MAY, 1909]
The Gazette
of the Incorporated Law Society of Ireland.
Mr. William D'Alton, of n St. Stephen's
Green, Dublin, was admitted in Hilary Term,
1876, and was Member of Parliament for the
City of Limerick, from 1888 to 1900.
Mr. Matthew J. De Courcey, Solicitor, who
practised at Limerick until 1883, when he
retired from practice, died on the 25th April,
iqog, at his residence, Henry Street, Limerick.
Mr. De Courcey, who served his apprentice–
ship with the late Mr. William Lane Joynt,
was admitted in Easter Term, 1864, and was
for upwards of forty years Coroner for the City
of Limerick, and al'so held since 1885 the posi–
tion of Secretary of the Limerick Corporation
Waterworks Committee.
Recent Decisions affecting Solicitors.
{Notes ofdecisions, whether in reported or unreporled
cases, of interest to Solicitors are invited from
Members.)
CHANCERY DIVISION.
(BeforeMeredith, M.R.)
Estate of Peter Keller, deceased ; Hannah Keller
and Mary Looney
v.
Murty Keller.
March
9, 1909.
Costs—Sale under Court—
Or. LI., r.
4
Property sold in several lots—
Approvalfee for each lot—Mortgages.
IT is the settled practice of the Court on a sale
that an approval fee should be paid on each
conveyance to the solicitor for every person
who is a necessary party to the conveyance,
and who is not a party to the suit, even where
there are a number of conveyances.
Summons on behalf of Mary Looney, the
party having carriage of sale for a direction
whether the solicitor for
the Munster and
Leinster Bank, who held a mortgage over ten
several lots of the estate of Peter Keller, was
entitled to an approval fee for the deed of
assignment of each lot at the expense of the
estate.
The solicitor for the party having
carriage sent the ten draft deeds of assignment
to the solicitor for the Munster and Leinster
Bank for approval, but stated that he could
not guarantee the payment of ten approval
fees out of the estate. The solicitor for the
Munster and Leinster Bank thereupon refused
to approve of or read the deeds.
MEREDITH, M.R, It has been, is, and will
be, the settled practice of this Court to pay an
approval fee to the solicitor of any outside
party, by which I mean every person who is
not a party to the suit, who is a necessary
party to any conveyance on a sale, The rule
is correctly stated in Adair on Costs, p. 137:
"Costs of perusal and execution
by all
necessary parties of the purchase-deed are
borne by the vendor." Here the vendor is the
estate, and the Bank's solicitor is entitled to
twenty guineas two guineas on each deed
submitted for his approval.
Reported I.L.T.R., vol. xliii., p. uz.
IRISH LAND COMMISSION.
(Before Ross, J.)
Estate of Caroline Maria Aylmer.
March 25th, 1909.
Bonus—
iz
per cent, or
3
per cent. Substituted agreements
lodged
after z^.tJi November,
1908
Section
48,
sub
section
3,
', of Irish Land Act,
1903.
IN a land purchase case commenced on the
1
3th December,
1904,
the total purchase-
money was ^£44,798.
At the request of the Vendor's Solicitor the
estate was divided, and
the Estates Com–
missioners declared two distinct estates. The
purchase-money of the smaller of the two
estates amounted to ^830, and a question
arose as to whether the Vendor was entitled
to the bonus at the full rate of 12 per cent,
on the ^830, or only at the reduced rate of
3 per cent.
It appeared that as regards one portion of
this ,£830 estate, there were certain sub–
tenants who refused to purchase on any terms,
and on 27th October, 1908, the Estates Com–
missioners directed them, under section 15, to
purchase at certain rates named by them ; and
eventually, on the i8th December, 1908, the
Estates Commissioners made an order that
the sub-tenants should be deemed tenants,
and the original advance to the chief tenant
was reduced accordingly.
As
regards
the remainder of the ^830
estate, the tenant set out in her agreement
that she claimed "cut-away bog," which the
Vendor did not admit; and by agreement dated
16th October, 1906, this question was left to
the Land Commission Inspector, who made
his award on the 25th July, 1907. finding in
favour of the Vendor; but this result was not
communicated to the Vendor's Solicitor till
the 27th October, 1908.
The Inspector directed certain roads and
fences
to
be made; but
these were not
completed before the 24th November, 1908,
though there was no allegation of delay on
the part of the Vendor.