The Gazette 1964/67

lessor, but the insurance is to be effected through the agency of the lessor or a person specified by him, with a view to gaining the agency commission. The new practice goes further than the reasonable protection of the lessor's interests and for that reason alone may be considered objectionable. Mortgagees have a greater stake in the insurance than lessors and, therefore, the greater right to the agency. In the Council's opinion, the advantages to the lessor of insisting on a tied agency clause in his favour do not justify a practice which exposes the leaseholder to real difficulties, or in some cases to substantial needless expense in paying for double insurance, with the problems which that course may bring. The Council, therefore, recommended that on the grant of new leases, lessors' solicitors should, where necessary, urge their clients against the inclusion of tied agency clauses. Where existing leases contain such a clause, the Council expressed the hope that lessors might agree to waive its requirement, at least during the subsistence of the mortgage, without charging for the concession. The value of the agency from the point of view of a mortgagee is that it enables him to ensure that the fire insurance on the buildings is kept in force. The lessor has not the same concern in the subject matter as his interest is really in the ground rent which normally is adequately secured by the site. A well attended lecture of the Society was held in Bushwells Hotel, Dublin, on 24th June, 1965, and a very enjoyable and instructive lecture was given by Mr. Cyril O'Neill, Legal Costs Accountant, and was followed by a series of questions with which the speaker dealt very capably. General business commences at 8 p.m. at each meeting and the lecture follows at 8.30 p.m. sharp. Subscriptions -£i is. od. should be sent to The Hon. Treasurer, 2 Clare Street, Dublin 2. LAND PURCHASE ACTS RULES, 1965 These rules prescribe the form of notices and the manner of services required by certain provisions of the Land Act, 1965. They also adopt and amend existing rules and title requirements, prescribe the procedure of summonsing witnesses to hearings before the Lay Commissioners. Additionally these rules amend the method of ascertaining legal costs prescribed by the Land Purchase Acts Rules of 1964 (S.I. 230 of 1964). 22 THE SOCIETY OF YOUNG SOLICITORS

stitution for the original Certificates issued in respect of the lands specified in the said Schedule, which original Certificates, it is alleged, have been lost or inadvertently destroyed. A new Certificate will be issued in each case, except a case in respect of which notification is received in this Registry within 28 days from the publication of this notice, that the Certificate of Title is still in existence, and in the custody of some person other than the registered owner. Any such notifica tion should state the grounds on which such Certificate is being held. Dated the 28th day of September 1965. D. L. McALLISTFR, Registrar of Titles. SCHEDULE. 1. Registered Owner John Patrick Kelly. Folio number 18965. County Meath. Lands of Warrens- town containing 3 za. or. 8p. in the Barony of Deece Upper and Lands of Gaulstown in the Barony of Deece Upper containing I9a. or. op. 2. Registered Owner Patrick O'Donnell. Folio number 4988. County Galway. Lands of Moyrus in the Barony of Ballynahinch containing 93a. or. I4p. 3. Registered Owner Joseph Patrick White. Folio numbers 4702 and 18815. County Clare. Lands of Brickhill West containing z6a. zr. lop. and Lands of Cratloe and Portdrine containing 68a. 2r. z6p. (i and 3) and 5a. or. 3Op. (2) all the aforesaid lands being situate in the Barony of Bunratty Lower. 4. Registered Owner James Daly. Folio numbers 7I44R and I4289R. County Monaghan. Lands of Greaghdrumit comprising 8a. or. 3 op. and Lands of Greaghnaroog comprising 463. 2r. ;p. Situate in the Barony of Faruey. 5. Registered Owner Bridget Phelan. Folio number 9051. County Kilkenny. Lands of Kilmurry in the Barony of Ida containing oa. ir. 33p. TIED AGENCY INSURANCE CLAUSES IN LEASES It has for many years been the practice for leases to contain provisions for the insurance of the premises against fire risks in an office approved by the lessor and, in some cases, named by him. This is unobjectionable, but within the last few years a practice has developed whereby not only is the. insurance company to be approved or named by the Central Office, Land Registry, Chancery Street, DUBLIN.