The Gazette 1955-58

The Council expressed the following opinion on the facts before them, (i) Agency allowance covers the correspondence between the Irish and the foreign solicitor. Member could not be paid twice for this correspondence and it would probably be an implied term of the retainer that member would be entitled to the agency allowance which would relieve the client from any further liability in respect of this work. (2) Member is not obliged to pay to the client the whole or any portion of the agency fees allowed to him by the English solicitor. (3) Member may properly charge the client additional fees for correspondence with or attendances on the client in Ireland if this work has not already been charged in the English solicitor's bill. (4) Com mission received by one solicitor from another on the usual agency terms is not a secret commission as the practice is well established and recognised. (5) The allowance of agency does not increase the costs for which the client is liable and avoids the necessity of submitting two bills, one from the English solicitor to the client and the other from the Irish solicitor to the client in respect of cor respondence with the English solicitor. (6) The costs of the English solicitor are payable by the client unless recovered from the other side and it is immaterial whether the English solicitor keeps the whole or shares it with the instructing solicitor. Land Registry Northern Ireland. Affidavit of attesting witness. THE Secretary reported that as the result of re presentations made by the Incorporated Law Society of Northern Ireland at this Society's request the Registrar of Deeds in Northern Ireland had made a rule whereby documents bearing the attestation of a solicitor who holds a practising certificate in the Twenty-Six Counties will not require an affidavit of attesting witness. Depreciation of Land Bonds. IT was decided to make representations to the Irish Land Commission that where bonds stand at less than par either at allocation or date of issue additional bonds should be issued to make up the deficiency to the payee. MAY 3 IST: The President in the Chair. Also present Messrs. R. J. Walker, G. G. Overend, T. A. O'Reilly, J. R. Quirke, F. X. Burke, D. J. Collins, R. J. Nolan, George A. Nolan, F. J. Lanigan, J. R. Halpin, A. Cox, T. de Vere White, Joseph Barrett, Desmond Mayne, J. J. O'Connor, Derrick M. Martin, C. J. Downing, John J. Sheil, P. R. Boyd, F. Gallagher, Peter E. O'Connell, John Carrigan,

N. Gaffhey, R. McD. Taylor, W. J. Norman, C. J. Daly, P. F. O'Reilly, John F. Foley. The following was among the business transacted : Regulation. THE Solicitors Act 1954 (Apprentices' Fees) Reg ulations 1956 (S.I. No. 140 of 1956) were made by the Council for submission to the Chief Justice. The Regulations having been approved by the Chief Justice may be purchased at the Government Publications Sales Office. Schedule 2 Costs. THE Council discussed the advisability of making application to the Statutory Committee under Section 2 of the Solicitors' Remuneration Act 1881 for an increase in the item costs under the old system as amended by Schedule 2 S.R.G.O. 1884. The matter was referred to a Committee with instructions to draft the details of such a proposal for con sideration by the Council. Land Commission Costs. THE Council considered and approved a written application to have meetings convened of the Statutory Committees under Sections 3 and 7 of the Land Act 1933 to consider an application by the Society with reference to costs and a deputation was appointed. LETTING. THE attention of members is drawn to the principal provisions of the Housing (New Houses) Regulations 1954—S.I. No. 261 of 1974 as follows :— i. By section 13 of the Housing (Amendment) Act, 1954 the Minister for Local Government may with the consent of the Minister for Finance and subject to regulations made under this section make, out of money provided by the Oireachtas to a •p&tson providing a housefor letting a grant not exceeding £175 if the number of rooms in the house does not exceed three; £225 if the number of rooms in the house does not exceed four and £275 if the number of rooms is five or more; these rates are reduced by £50 for each grant if sewerage and piped water supply are not available. In order to obtain the grant, the erection of the house must have been begun before the ist April, 1954, and must have been completed before the ist April, 1956. The applicant must also comply with all the regulations. 12 GRANTS FOR HOUSES FOR