The Gazette 1908-9

61.

DEC., 1908]

The Gazette of the Incorporated Law Society of Ireland.

Petty Sessions Proceedings. A report from the Special Committee of the Council in reference to an altercation which took place between two solicitors at Dundalk Petty Sessions was submitted and adopted, and the Council passed the following resolution, and it was directed that copies of it should be sent to the Resident Magistrate who pre sided at the Petty Sessions Court, and also to the two solicitors concerned :— "RESOLVED—The attention of the Council '• of the Incorporated Law Society of Ireland " having been drawn to the report in the Press " of the occurrence of an altercation between " two members of the profession in Petty " Sessions Court at Dundalk, the Council, " after inquiry into the matter, express their " disapproval of such conduct, as being dero- " gatory to the dignity of the profession." Annual Eeport. Draft Annual Report of'the Council, pre pared by the Committee for the purpose, was considered; and amendments having been made therein, the Report, as amended, was adopted. The Council adjourned. i8th November. Mr. George Collins, Vice-Pre sident, in the Chair, and twenty-five other members being present. Labourers (Ireland) Act, 1906. The King {Mowlray and Stourtoii) v. The Local Government Boaid. The decision of the King's Bench Division in this case was reported, and it was decided to obtain an official copy of the judgments, in order that they might be published in the Gazette. Labourers (Ireland) Acts. A letter in reply was received from a country member of the profession, from whom an explanation had been requested of his action in having tendered to do work under the Acts in response to an advertisement from a District Council, at a bulk sum considerably lower than that to which he would have been entitled under the Labourers (Ireland) Order, 1906. The reply was considered unsatisfactory, and it was resolved that he be informed that the Council strongly disapprove of his action in the. matter, and the Council re-affirm the following resolution passed by the Council upon this subject in the year 1899 :— November i%th. The Council met upon Wednesday,

siderably less than the fees allowed under the Labourers (Ireland) Act Order, 1906. The member of the profession who wrote to the Council stated that, in response to the advertisement he had himself tendered, as had also another member of the profession, to do the work " for the sum of £i is. for each " separate title read, exclusive of all outlay, "such as fees on searches and Court fees " properly and necessarily incurred in the " reading of each title, this being the fee '' authorized under the Labourers (Ireland) "Act Order, 1906." The Council directed an explanation to be asked for from the solicitor who had tendered to do the work at a bulk sum considerably less than the fees allowed under the Labourers (Ireland) Act Order, 1906. The Council adjourned. November <*,th. The Council met upon Thursday the 5th day of November. The President (Mr. G. H. Lyster) in the Chair, and twenty-three other members being present. Labourers Act Committee. A report from the Labourers Act Committee was submitted and adopted, and it was decided to take no action in reference to the rules under the Labourers (Ireland) Act, until the result of the hearings before the King's Bench Division of certain pending applications in reference to proceedings under the Act was known. Costs Committee. A report from the Costs Committee upon two queries submitted for decision was con sidered and adopted ; the first query asked to what costs the solicitor for the lessor is en titled for the preparation of a lease of premises for 99 years, rent .£143 IQS. per annum, which is a rack-rent. The answer of the Council was that the solicitor was entitled to £j ios., scale fee, upon the first £100 rent, but to no additional charge upon the balance of ^43 10.?. rent. (See M'Garel, a lunatic, 1898, i Ch. 400, English Court of Appeal.) The second query asked how the costs of agreement and lease should be drawn of a house previously held by a tenant at a rent of ^200 per annum, the agreement providing that when the landlord had completed certain structural alterations he would grant to tenant a new lease for 31 years at ^220 per annum, the answer being- thai the costs should be drawn under the scale applicable to leases at rack-rent.