The Gazette 1952-1955

GENERAL MEETING OF THE SOCIETY " ' A G eneral Meeting o f the Society was held in the Society’ s Library on Thursday, 15 th May, 1952. The President, Mr. Arthur Cox took the Chair. The following members of the Society signed their names as being present:—R. J. Nolan, D. M. Martin, Joseph Barrett, Henry St. J. Blake, Patrick R. Boyd, John Carrigan, Desmond R. Counahan, Francis J. Gearty, John R. Halpin, John L. Kealy, John Maher^Desmond J. Mayne, John B. McCann, John J . Nash, William J. Norman, James J. O’Connor, L . E . O’Dea, Gerald J. O’Donnell, George G. Overend, James R. Quirke, Detmot P. Shaw, John J. Sheil, Cornelius J. Daly, Joseph P. O’ Connell T. Desmond McLoughlin,-Desmond Moran, A. E. Ashton, Reuben J. Dodd, E . J. Kenny, T. G. Kenny J. P. Smyth, N. A. Peilow, Denzil O’Donnell, Peter Leon, Ernest Proud. The notice convening the meeting was by per­ mission o f the meeting taken as read. The Minutes o f the Ordinary General Meeting held on 42nd November, 1951, were read, confirmed and signed by the Chairman. The Chairman announced that he nominated the following members o f the Society to act as Scrutineers o f the Ballot for the election o f the Council to be held on 20th. November, 19 52 :—John R. McC. Blakeney, Desmond J. Collins, Thomas Jackson, Brendan P. McCormack, Roderick J. Tierney. The Chairman addressing the meeting said “ Ladies-and-Gentlemen, Since-the last meeting o f our Society death has, as always, taken its toll o f our members. The Profession is the poorer by the deaths of the following members of the Society : Rory Fitzgibbon (Killaloe), Patrick O’Flynn (Manorhamilton), George M. Meares (Dublin) a former member o f the Council, Richard^ C. Long (Dublin), Daniel O’Connell (Dundalk), Joseph Kearney (Tullamore), Wm. S- Huggard (Ballina), Wm. J . Baxter (Belfast), John H. Collins (Newry), Francis A . Gloss (Belfast), Thomas A . Colfer, (Waterford), James McGuirk (Drogheda), Richard Connolly (Cashel), James J. Lynch (Kells), Wm. A. Beers (Dublin), Richard C. Keohane (Strabane), John C. Garvey (Westport), Cecil Baillie-Gage (Dublin), Ml. J. Kavanagh (Waterford), Johm G. Oulton (Dublin), P. J. Ruttledge (Dublin), Stephen Derkin (Sligo). O f these, three were ex-Presidents and one was a former Vice-President of the Society. Mr. Daniel O’ Connell had so recently occupied that office that his passing was-a particular sorrow to all those members o f the Council who had worked with him. A ll honoured him as a loyal colleague arid friend. 2

Sale of right to obtain a lease. Costs and Stamp Duty T he Council considered a report from a Committee pn queries submitted as to the costs and stamp duty payable in the following circumstances A agreed to grant a lease of a site to B for a long term at a yearly rent of £ 10 . The agreement was informal. B entered into possession and built a house before the lease was granted. B subsequently agreed to sell his interest to C for £3,500. It was arranged that A should grant the lease direct tQ_ C as B ’s nominee. Member acted for A and B in connection with the proposed lease and acts for B in connection with the sale to C. The considera­ tion in the lease from A to C will be the yearly rent o f £ 10 and the lessee’ s -covenants and con­ ditions. It was stated that the payment of £3,500 from C to B will not be mentioned in the lease. The title of the lessor to make the lease will be deduced direct from A to C. Member asked for the guidance o f the Council as to (a) on what basis the costs of the two transactions should be paid ; (b) who is liable for the costs. The Council -were o f the opinion that (i) On the facts stated the payment o f £3,500 from C to B should he stated in the lease from A to C and is chargeable with stamp duty. (ii) The costs (if any) of the uncompleted lease from A to B are taxable under Schedule 2. Each party is liable for his own costs of this work. (iii) The costs of the completed lease from A to C are taxable on the higher scale, Schedule 1, Part 2, S.R.G.O. 1884 as amended. (iv) Member who acted for both the lessor A and the builder B is entitled against the lessor to the lessor’ s commission scale fee on the rent, and against the builder B to the com­ mission scale fee on the premium. If, however, the lease from A to C does not refer to the premium o f £ 3,500 paid to B no commission scale fee is chargeable on this sum. As member acted for both A and B he is entitled to one set o f charges only (S.R.G.O. 1884, Schedule x, Part 2, Rule 2). (v) Incidence of costs of completed lease A to G B must idemnify A against the costs, and he pays all the costs of granting the lease charged on the fine and the rent, to include showing title. C pays his own solicitor the costs of completing the lease and investigating title.