The Gazette 1946-49

as

1899,

Acquisition Act,

Dwellings

Small

of the Notice brought proceedings against the per son in possession of the house to recover possession. The defendants claimed to be entitled to the tenant's interest under Section i2(i)(G) of the Rent Restric tions Act 1920 which is similar in terms to Section 39 (3) of our Rent Restrictions Act 1946. As the parties in possession were not the tena'ts, this defence was not available. It was held by the High Court that the i otice to quit served on the President of the Probate, Divorce and Admiralty Division of the High Court was a good and valid notice. An order for pos session was made in favour of the plaintiff. It was not necessary to decide whether the President of the Probate Divorce and Admiralty Division of the High Court incurred any liability on foot of the rent and covenants in the lease, but Lord Justice Somerville expressed the view that the President was clearly not liable for the rent, and Lord Justice Cohen was also of the view that the President incurred no financial liability. COSTS OF MORTGAGES UNDER THE SMALL DWELLINGS ACQUISITION ACT, 1899. THE Council recently obtained the opinion of Counsel as to the position with regard to the mortgagee's costs on loans under the above- mentioned Act. In a particular case which was brought to the notice of the Council a number of applicants applied for loans in respect of separate sites held under a common title. The solicitor for the local authority advancing the money obtained an abstract of title in each case furnished separate requisitions on title, and obtained separate copies of all the documents. A deed of mortgage was drawn up and executed by each mortgagor. It was suggested that under the provisions of the Small Dwellings Act, as amended, a mortgagor was not liable to pay the mortgagee's costs other than the costs and fees of registration of the title under Section 15. It was also doubtful whether the solicitors for the local authority were entitled to charge the full scale fee in respect of each mortgage, or whether the costs of each mortgage after the first should be charged under Schedule 2. In the latter event it was not clear as to how the total costs could be charged among the various mortgagees on an equitable basis. With regard to the first point Counsel advised that the ordinary rule that a mortgagor is liable cor the mortgagee's costs is not affected by the

amended. With regard to the second point, Counsel advised that provided 'the solicitor for the mortgagee carries out substantially, in respect of each mort gage, the work mentioned in the Scale, he is en titled to charge the scale fee, and the mere fact that the work is simplified by repetition does not exclude the application of the scale. On the facts before him he was of opinion that the solicitor had in fact carried out substantially all the work laid down by the scale, and would be entitled to charge the full scale fee in respect of each mort gage. THE Society has been requested by the Depart ment of External Affairs to draw the attention of members and their apprentices to the provisions of a competition for a prize for theses on specified subjects connected with international law held by the Leiden University Holland, as trustees of a bequest known as the Legatum Visserianum. The competition is open to citizens of Ireland and the latest date for submitting theses will be ist November, 1950. Cash prizes will be awarded to the candidates submitting the winning theses. Further particulars may be obtained from the Secretary. REGISTRATION OF TITLE ACTS 1891 AND 1942 NOTICE. Folio 5891. COUNTY GALWAY. Registered Owner : JOHN NEE. An application has been made by the Registered Owner to the Registrar of Titles for the issue of a Certificate of Title in substitution for the Certificate specified in the Schedule hereto, which, it is alleged, has been lost or inadvertently destroyed. The Registrar of Titles will issue a duplicate Certificate unless he is notified within 28 days from the date of this Notice that the said Certificate of Title is still in existence and in the custody of some person other than the above-named Registered PRIZE FOR THESES ON INTERNATIONAL LAW