The Gazette 1909-10

The Gazette of the Incorporated Law Society of Ireland.

MAY, 1909]

Mr. William D'Alton, of n St. Stephen's Green, Dublin, was admitted in Hilary Term, 1876, and was Member of Parliament for the City of Limerick, from 1888 to 1900. Mr. Matthew J. De Courcey, Solicitor, who practised at Limerick until 1883, when he retired from practice, died on the 25th April, iqog, at his residence, Henry Street, Limerick. Mr. De Courcey, who served his apprentice– ship with the late Mr. William Lane Joynt, was admitted in Easter Term, 1864, and was for upwards of forty years Coroner for the City of Limerick, and al'so held since 1885 the posi– tion of Secretary of the Limerick Corporation Waterworks Committee. Recent Decisions affecting Solicitors. {Notes ofdecisions, whether in reported or unreporled cases, of interest to Solicitors are invited from Members.) CHANCERY DIVISION. (BeforeMeredith, M.R.) Estate of Peter Keller, deceased ; Hannah Keller and Mary Looney v. Murty Keller. March 9, 1909. Costs—Sale under Court— Or. LI., r. 4 Property sold in several lots— Approvalfee for each lot—Mortgages. IT is the settled practice of the Court on a sale that an approval fee should be paid on each conveyance to the solicitor for every person who is a necessary party to the conveyance, and who is not a party to the suit, even where there are a number of conveyances. Summons on behalf of Mary Looney, the party having carriage of sale for a direction whether the solicitor for the Munster and Leinster Bank, who held a mortgage over ten several lots of the estate of Peter Keller, was entitled to an approval fee for the deed of assignment of each lot at the expense of the estate. The solicitor for the party having carriage sent the ten draft deeds of assignment to the solicitor for the Munster and Leinster Bank for approval, but stated that he could not guarantee the payment of ten approval fees out of the estate. The solicitor for the Munster and Leinster Bank thereupon refused to approve of or read the deeds. MEREDITH, M.R, It has been, is, and will be, the settled practice of this Court to pay an approval fee to the solicitor of any outside party, by which I mean every person who is not a party to the suit, who is a necessary

party to any conveyance on a sale, The rule is correctly stated in Adair on Costs, p. 137: "Costs of perusal and execution by all necessary parties of the purchase-deed are borne by the vendor." Here the vendor is the estate, and the Bank's solicitor is entitled to twenty guineas two guineas on each deed submitted for his approval. Reported I.L.T.R., vol. xliii., p. uz. IRISH LAND COMMISSION. (Before Ross, J.) Estate of Caroline Maria Aylmer. March 25th, 1909. Bonus— iz per cent, or 3 per cent. Substituted agreements lodged after z^.tJi November, 1908 Section 48, sub section 3, ', of Irish Land Act, 1903. IN a land purchase case commenced on the 1 3th December, 1904, the total purchase- money was ^£44,798. At the request of the Vendor's Solicitor the estate was divided, and the Estates Com– missioners declared two distinct estates. The purchase-money of the smaller of the two estates amounted to ^830, and a question arose as to whether the Vendor was entitled to the bonus at the full rate of 12 per cent, on the ^830, or only at the reduced rate of 3 per cent. It appeared that as regards one portion of this ,£830 estate, there were certain sub– tenants who refused to purchase on any terms, and on 27th October, 1908, the Estates Com– missioners directed them, under section 15, to purchase at certain rates named by them ; and eventually, on the i8th December, 1908, the Estates Commissioners made an order that the sub-tenants should be deemed tenants, and the original advance to the chief tenant was reduced accordingly. As regards the remainder of the ^830 estate, the tenant set out in her agreement that she claimed "cut-away bog," which the Vendor did not admit; and by agreement dated 16th October, 1906, this question was left to the Land Commission Inspector, who made his award on the 25th July, 1907. finding in favour of the Vendor; but this result was not communicated to the Vendor's Solicitor till the 27th October, 1908. The Inspector directed certain roads and fences to be made; but these were not completed before the 24th November, 1908, though there was no allegation of delay on the part of the Vendor.