The Gazette 1916-17

[DECEMBER, 1916

Th» Gazette of tbe Incorporated Law Society of Ireland.

48

to keep the premises in repair, and at the expiration of the lease, if required by the lessor, to remove the building. There was a covenant to insure for £1,500, and a proviso that " the lessor on giving notice . . . one calendar month before the expiration ... of the tenancy shall be entitled to purchase " the buildings at a valuation, and if she did not purchase them it should be lawful for the lessees to remove them. There was also a proviso giving the lessees power to determine the lease on notice in case the cinemas should be placed out of bounds during the'term. Rowlatt, J., held that the lease came within neither scale of Sched. 1, but within Sched. 2. The defendants appealed, and contended that the lease came within Scale 2. Held, that the lease was a lease for building purposes, and was excluded from Scale 1 of Sched. 1 by the words " or a lease for build ing purposes; " that the lease came within Scale 2, for it was not intended by the words " or other long leases not at rack rent" to restrict building leases to those which shall be for long terms of years, but that any building lease reserving rent comes within the language, and the other leases that also come within it are other leases not at rack rent, but being long leases; that the decision of Rowlatt, J., was wrong ; but as the respondents were content with taxation under Scale 2 instead of Sched. 2, the appeal would be dismissed. (Reported The Law Times, Vol. 142, p. 74). ON AND AFTER 30ra DECEMBER THE OFFICES OF MR. GEORGE M. PORTER, Solicitor, WILL BE AT 20 Wicklow Street, Dublin. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin.

The following are the dates upon which lectures will be delivered to the Senior Class during Hilary Sittings : —

January 12, 16, 19, 23, 26, 30. February 2, 6, 9, 13, 16, 20.

Recent Decision affecting Solicitors. (Notes of Decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) IN THE HIGH COURT OF JUSTICE (ENGLAND). COURT OF APPEAL. (Before Swinfen Eady and Bankes, LJJ., and A. T. Lawrence, J.) Hildyard v. McDonald and another. November 17, 1916.— Solicitor—Costs — Lease—Whether Building Lease—Costs of Lease—Solicitors Remuneration Act, 1881 (44 & 45 Vict., c. 44)— General Order made in pursuance of Sched. 1, Part 2, First Scale and Second Scale— Sched. 2. DEFENDANTS' appeal from a decision of Rowlatt, J. The plaintiff demised about an acre of agricultural land to the defendants. The land was granted for the purpose of a cinema theatre being erected upon it. The defendants agreed to pay the costs of the lease. The first scale of charges of Part 2, Sched. 1, of the General Order under the Solicitors Remuneration Act, 1881, has reference to " leases, or agreements for leases, at rack rent (other than a mining lease, or a lease for building purposes, or agreement for same)." The second scale refers to " conveyances in fee, or for any other free hold estate, reserving rent, or building lease reserving rent, or other long leases not at a rack rent (except mining leases), or agree ments for the same respectively." The rent reserved was £150 per annum, and the term was for fourteen years. There was a lessees' covenant to erect with reasonable speed a building for cinematograph entertainments, the plans to be approved by the lessor. There was a proviso " that if the military authorities only allow a less permanent form of theatre to be erected, then the lessor will deem their requirements ... as conforming with this covenant." The lessees covenanted