The Gazette 1955-58

Vol. 50 No. 9

MARCH, 1957

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

Vice-Pruidents DESMOND J. COLLINS CHARLES J. DOWNING

PruiJtnt NIALL S. GAFFNEY

Sierilarj ERIC A. PLUNKETT

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL. FEBRUARY zSrn : The President in the Chair : Also present: Messrs. Desmond J. Mayne, Scan O hUadhaigh, Francis J. Gearty, Cornelius J. Daly, James R. Quirke, Patrick R. Boyd, Reginald J. Nolan, Ralph J. Walker, Robert McD. Taylor, Peter E. O'Connell, Arthur Cox, Francis J. Lanigan, George A. Nolan, John Carrigan, Dermot P. Shaw, Terence de Vere White, Henry St. J. Blake, Louis Walsh, Patrick F. O'Reilly, George G. Overeiid, W. J. Comerford, John J. Shell, Joseph P. Tyrrell, John J. Nash, Joseph Barrett, Thomas A. O'Reilly. The following was among the business transacted : Letting agreements drawn by auctioneers. MEMBERS informed the Society that an agreement for the letting of a furnished flat had been drawn up by a firm of auctioneers and estate agents. On a report from a Committee it was decided to write to the auctioneers concerned drawing their attention to the provisions of Section 58 of the Solicitors Act 1954 and asking for an undertaking that such agree ments would not be prepared by the firm in future.

Payment of costs in land bonds. THE Council considered a report from a Committee which had obtained the opinion of senior counsel on the question whether a solicitor acting for an owner whose lands are compulsorily acquired by the Land Commission must accept payment of his costs in land bonds which may stand below market value. Counsel advised that the owner's solicitor may elect either to go on the allocation schedule as a claimant in respect of the solicitor and client costs or to put the name of the owner on the allocation schedule as the claimant. If the solicitor is treated as the claimant he must accept payment of his costs in land bonds for the nominal value of the costs. In this event the land bonds will be trans ferred to the solicitor direct. If the owner's solicitor stays off the allocation schedule the claimant will be treated as the owner of the bonds which will be transferred to him direct. The disadvantage of the latter course is that the solicitor loses the right of direct access to the land bonds. If the land bonds are transferred to the client the solicitor will be entitled to ask the client for payment in cash. 77

Made with