The Gazette 1949-1952

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

Secretary E ric A. P lunkett

Vice-Presidents N ia ll S. G affn ey F rancis J . G earty

President R oger G reene

FOR CIRCULATION AMONG MEMBERS

the lessors’ solicitor on the rent, and also for the scale fee of the same solicitor on the fine, but in the case of a transaction made by way o f a lease, which is sub­ stantially a sale in consideration of a rent and a fine, the Council have already recommended .that the agreement between the parties should stipulate that each party will pay his own costs ; ( b ) mortgagees on the lessors’ interest were required to join. In the opinion o f the Council the lessee is not liable for the costs of the mortgagees’ solicitor but is liable to pay the sum of £ 1 11s. 6d., being the costs of the lessors’ solicitor in connection therewith under S.R.G.O. 1884, Schedule 1, part 2, rule 3 ; (f) it is the right of the lessee’s solicitor to stamp and register the lease, but if this right is exercised the lessee must pay the costs o f the lessors’ solicitor in connection with the execution of the memorial by the lessors ; ( d ) the lessee is liable for the •surveyor’s mapping f ee ; (, e ) the printing charges are included in the lessors’ scale fee ; (/) the costs in connection with the P.D. stamp are payable by the lessors and are not recover­ able against the lessee; (g) under an open contract 55

MEETING OF THE COUNCIL ist F ebruary , 1951 : The President in the Chair. Also present: Messrs. Niall S. Gaffney and Francis J. Gearty, Vice-Presidents, Messrs. Thomas A. O’Reilly, Joseph Barrett, James R. Quirke, James J. O’Connor, Dermot P. Shaw, Reginald J. Nolan, William J. Norman, Laurence F. Branigan, John F. Carrigan, Gerald J. O’Donnell, George A. Overend, Desmond J. Mayne, John J. Nash, Joseph P. Tyrrell, Patrick F. O’Reilly. The following was among the business transacted : Lessor and lessee—Incidence o f costs A L ea se of a site was granted for the erection of a dwelling house in consideration of a ground rent and a small fine. There was an open contract between the parties for the granting o f the lease. A difference of opinion arose as to the costs for which the lessee was liable and which he should pay, and the matter was referred to the Council who expressed the following opinion :— {a) The lessee is liable for the scale fee of