The Gazette 1946-49

The recommendations of the Committee were con fined to the latter case where the lease is really a sale, being granted in consideration of a rent plus a fine. It was not recommended that any change should be made in the existing law and practice whereby the lessor's solicitor is entitled to prepare the lease. In the opinion of the Committee, with which the Council agreed, the existing practice whereby the lessee is liable to pay the costs both of the lessor's solicitor and of his own solicitor is in the interest neither of the public nor of the profession. It is an unduly onerous burden on the lessee, and, so far as the profession is concerned, the Committee was of opinion that the liability for two sets of costs has often prevented purchasers from being separately represented. Acting on the recommendation of the Committee, the Council passed the following resolution :—" (i) That the Secretary be directed to write to the Department of Justice suggesting that, at the first available opportunity, legislation should be introduced to abrogate, in any case in which a lease is granted in consideration of a fine and of a rent, the existing common law rule that a lessee must pay the lessor's solicitor's costs on the granting of a lease; (2) That, in the opinion of the Council, in any case in which a lease is granted in consideration of a fine and a rent the contract for sale or conditions of sale should contain a clause stipulating that the lessor will pay his own solicitor's costs of showing title and of preparing, settling, and completing the lease and counterpart, and that the lessee will pay his own solicitor's costs of investi gating title and perusing the draft lease and com pleting, and that the lessee will, in addition, pay the stamp duty on the lease and the Registry of Deeds fees ; (3) That the Council disapproves of the prac tice, in so far as it may exist, of including in contracts for sale, a clause making a purchaser liable for the vendor's costs, whether the sale be carried out by way of conveyance or lease, inasmuch as it tends to induce the purchaser to retain the vendor's solicitor and not to consult his own solicitor. A vendor who wishes to provide for his costs can do so by adjusting the minimum price but, in the opinion of the Council, the contract should contain no reference to the costs." The above recommendations are made in the interests of the public and of the profession and the Council request every member of the Society to give effect to them forthwith. APPOINTMENT MR. PATRICK F. O'REILLY of 8 Sth. Gt. George's Street, Dublin, has been appointed Solicitor to the Attorney-General..

of Title Acts, the Solicitors' Remuneration General Orders, 1884 to 1947, with the exception of Clause 6 and Rule 11 in Part I of the Schedule to the Solicitors' Remuneration General Order, 1884. This section replaces Section 48 of the (Miscellaneous Provisions) Act, 1931- It is understood that the Parliamentary Draftsman has advised that the reference to the Land Registra tion Rules 1937 in Section 32 (a) above includes all the subsequent amending rules including the Land Registration (Solicitors' Costs) Rules, 1947. DISTRICT COURT RULES 1948 THE above rules (S. R. & O., 1947, No. 431) have now been printed and may be obtained from the Government Publications Office, 3 College Street, Dublin, or from any book-seller, Price 3/6. The following Rules are revoked:— District Court Rules 1926. District Court Rules (No. i) 1941. District Court Rules 1942. Rules 32,33,34 and 35. District Court Rules (No. i) 1945. The new Rules will come into operation on 3151 March, 1948. New scales of solicitors' costs and counsel's fees are prescribed in the schedules to the Rules. POLICE REPORTS FOLLOWING representations made by the Council, the Commissioner of Police has agreed to permit the names and addresses of witnesses to traffic accidents in which criminal proceedings are pending, to be supplied to members of the legal profession. Here tofore, this information has been withheld until the termination of the criminal proceedings. LIABILITY FOR COSTS ON THE GRANTING OF LEASES THE Council recently referred to a Committee, for consideration and report, the existing law relating to the liability for costs on the granting of a lease and the extent, if any, to which it requires amend ment. The report of the Committee was considered at the last meeting of the Council. As a matter of law, in the absence of a stipulation to the contrary, the lessor's solicitor is entitled to prepare the lease and the lessee must pay the lessor's solicitor's costs whether the lease is granted in consideration of a rent only or in consideration of a rent plus a fine. 1891 and 1942 by *NOTE. Housing