The Gazette 1907-8

The Gazette of the Incorporated Law Society of Ireland.

[Nov., 1907

A letter from Mr. Fottrell, Clerk of the Crown and Peace of the County and the City of Dublin, enclosing copy of correspondence in reference to an application for increase of his staff, was read, and referred to the County Courts Committee. A letter was read from a country member, drawing attention to a letter which he had received from a firm of assessors upon behalf of an insurance company, nominating upon behalf of the company an arbitrator under the Workmen's Compensation Act, which nomination the member had refused to act upon, with the result that the insurance company settled the matter direct with him. The same member also drew attention to a Clerk of Petty Sessions who had issued a circular to publicans drawing their attention to the fact that their licences were ready, and could be obtained from him upon payment of a fee of is. 6d. A reply was directed to be sent to the member informing him that the Council approved of his action in reference to the assessor, and that the Council were com municating with the Registrar of Petty Sessions Clerks as to the propriety of the circular issued by the Clerk of Petty Sessions, but that in neither case could proceedings be successfully instituted by the Society under the Solicitors Act against the parties referred to by him. The President informed the Council that he had received from Mr. Justice Wylie draft rules under the Evicted Tenants (Ireland) Act, 1907, upon the previous Monday, that he had submitted same to the Land Act Committee, and that he had had an interview with Mr. Justice Wylie, and had made suggestions to him in reference to the draft rules. A report from the Court of Examiners, con taining the result of the October Intermediate Examination, and in reference to two petitions of Law Clerks, applying to be bound under section i 6 of the Solicitors (Ireland) Act, 1898, recommending that the one petition should be granted, and the other should be refused, was read and adopted. A memorial from an apprentice, seeking liberty to have his indentures assigned, was submitted and sanctioned. An application by an apprentice, whose father had died during the previous month, for exemption from attendance at senior lec tures during the coming Michaelmas Sittings, was, under the special circumstances, granted by the Council. The Council then adjourned.

The Council met upon Wednesday, the 3oth October; the President (Mr. W. S. Hayes) in the chair, and twenty-seven other members present. The half-yearly accounts of the Society were submitted, and cheques for same were ordered to be drawn and paid. Letter in reply was read from the Registrar of Petty Sessions Clerks in reference to Clerks of Petty Sessions claiming fees for filling up certain forms in connexion with the obtaining of publicans'licences. Further particulars were directed to be obtained in reference to the contents of these forms. An affidavit of a solicitor in support of an application for renewal of his certificate was submitted, and the application was granted. A report from the Court of Examiners, con taining the results of October Preliminary and Final Examinations and as to award of Findlater Scholarship for 1907, was submitted and adopted. A query was submitted from two solicitors as to the scale under which the costs of a lease should be drawn under the following circum stances :— A lessee held under a lease for 21 years expiring in 1913,31 the yearly rent of ^no, a d\vellinghouse, with out-offices, in the city of Cork, the poor law valuation of which was .^47 6s. Sd. The premises having become in urgent need of repairs, and other improve ments being deemed necessary, estimates were obtained ; and it was found that the repairs and improvements would cost at least £230. After negotiations, the lessor accepted a sur render of the existing lease, and granted to the tenant a new lease, in consideration of the sur render and in consideration of a covenant by the tenant to expend within four months from the date of the lease the sum of ,£230, at least, " in structural repairs, alterations, and permanent improvements to the premises." The term of the new lease was for 21 years from the 2qth September, 1906, at a rent of ^95 ; and the lease contained a covenant by the lessor to pay to the lessee the sum of ^200, upon pro duction by the lessee of a certificate of the architect of lessor that the said sum of ^230, at least, had been expended, as provided for by the lease. The Council decided that the lease in ques tion is a building lease, and, consequently, that the costs of it should be drawn under the scale applicable to building leases. Draft annual report of the Council to be