233 / 364
the costs shall be on a party and party basis only,
that Counsel will not be permitted except at the
expense of the party retaining him unless in the
opinion of the County Registrar a question of law
is involved which must be argued before him.
Section 22, Sub-Section
1
provides that an
Appeal shall lie
to the Court from an award,
order or decision of a County Registrar in an
arbitration under this Act.
Sub-Section 3 of Section 22 also provides an
Award of a County Registrar in an arbitration
under the Act may, by leave of the Court, be
enforced as a Judgment or Order to the same
effect and where leave is so given judgment may
be entered in the terms of the Award.
It is our view that the provisions of the Land
lord and Tenant Bill 1965 may be unconstitu
tional in so far as the County Registrar will in
effect be exercising judicial functions notwith
standing the attempt to bring his functions within
the provisions of the Arbitration Act 1954.
Apart altogether from the constitutionality of
the provisions referred t, it is felt that the ad
ministration of the provisions of this Act by the
County Registrar
is not a workable proposal.
These provisions may be defended as being in
the public interest for the purpose of keeping
down the costs and expenses.
It
is
anticipated
that
the decisions of
the
County Registrar will be appealed in a large
number of cases for review by the Court and that
the public interest may not be served by sub
stituting the County Registrar as the Court of
first instance.
It is apparent that the costs intended to be
awarded will be on a party and party basis only
at the lowest level and then only of such sum
as the County Registrar in his discretion shall
think fit.
The above are the preliminary observations of
your Working Party and further recommendations
will be submitted as soon as possible.
P. C. Moore
John C. Maher
T. A. O'Reilly
Dated this 21st day of April,
1966.
THE REGISTRY
Register C
Small ground rents required. Send particulars to—Box
No. C187.
Will any person holding a will of Thomas Patrick
Reidy, late of 67 Drumcondra Road Upper, Dublin,
who died on
the 4th of December,
1965, please
contact John Dundon & Son, Solicitors, 101 O'Con-
nell Street, Limerick.
In the goods of John P. Doyle late of 47 Capel Street,
Dublin, deceased. Will any person or solicitor having
possession of a will of the above deceased who died
on
the 14th day of February, 1966, or give any
information regarding its whereabouts, please com
municate with Kennedy & McGonagle, Solicitors,
34 Upper O'Gonnell Street, Dublin.
James Costello, deceased, late of 179 Phibsboro Road,
Dublin. Will any person or solicitor having possession
or knowledge of a will made by the above deceased
who died on 19th day of March, 1966, please com
municate with Messrs
James W. LAne &
Co.,
Solicitors, 98 Upper Leeson Street, Dublin 4.
OBITUARY
Mr. John S. Morris, solicitor died on 12th May,
1966, at his residence 12 Glenvar Park, Blackrock, Co.
Dublin.
Mr. Morris served his apprenticeship with the late
Mr. Henry G. Morris, 8 Glare Street, Dublin, was
admitted in Easter Sittings 1934 and practised at 10
Clare Street, Dublin, as senior partner in the firm of
Messrs Porter, Morris & Co.
COMING EVENTS
Cast Their Shadows Before?
SOLICITORS' FEES
INQUIRY?
Chesterfield Rural District Council, Derby
shire, is planning to refer to the Prices and
Incomes Board the subject of fees charged by
solititors for conveyancing work. In an at
tack on
legal costs
it
is also considering
setting up a co-operative legal department
for use by a group of local authorities in
the north-east Derbyshire area.
(The Observer,
May 1, 1966)
PATENTS ACT 1964
Members please note that this Act comes into
operation as and from 1st July next.
LANDLORD AND TENANT BILL
1965
Functions of County Registrars
Lawyers were surprised to read the provisions
in the Bill proposing to confer compulsory judicial
powers on the County Registrars who will act as
arbitrators in fixing the price of ground rents
if the parties fail to agree. This appears to be
essentially a judicial function, comparable with
the jurisdiction of the Circuit Judge to fix the
rent of a new lease under the existing Landlord
15