The Gazette 1949-1952

Vol. 43 No. 8

February, 1950

THE GAZETTE of the INCORPORATED LAW SOC IETY OF IRELAND

President W illiam J . N orman

Vice-Presidents T homas A. O ’R eilly D ermot P. S haw

' Secretary E ric A. P lunkett .

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL J anuary 12 th , 1950. The President in the Chair. Also present: Messrs. T. A. O’Reilly and Dermot P. Shaw, Vice-Presidents, John R. Halpin, F. J. Gearty, Desmond Mayne; John Carrigan, Roger Greene, Henry St. J. Blake, James J. O’Connor, John J . Nash, Reginald J. Nolan, J. D. O’Connell, James R. Quirke, P. R. Boyd, W. S. Hayes, Daniel O’Connell, G. A. Overend, Sean O’hUadhaigh, Patrick F. O’Reilly, William L. Duggan, Arthur Cox. The following was among the business transacted :— Costs o f arbitrations T he Council considered a report from a Committee on the subject o f the costs allowed by the arbitrator on assessing the value of land compulsorily acquired by local authorities under the Acquisition o f Land (Assessment of. Compensation) Act, 1919. A note showing the basis upon which such costs will be allowed, as agreed between the Society and the official arbitrator is printed below, at page 47.

Costs o f a lease and mortgage o f registered land A member of the Society acted for the owner in fee-simple o f registered land, the equities having been discharged. The client made eight leases of plots carved out of the folio at a fine o f £675, and a rent of £6 15s., for each lease. No “ L ” folio was opened, each lease being registered as a burden on the freehold folio. Each lessee raised a sum o f £500 by a mortgage o f a leasehold interest to a building Society for whom the same solicitor acted. The Council expressed the opinion that the costs o f preparing, settling and completing each lease should be drawn on the Land Registry Scale, but that the costs of each mortgage should be drawn under the Solicitors’ Remuneration General Orders 1884-1947. The Council also expressed the view that rules 3 and 6 of Schedule 1, Part 1, S.R.G.O. 1884, applied and that if the same solicitor acted for the mortgagees and the lessor only half the fee for investigating title and preparing the mortgage deed could be charged.

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