The Gazette 1955-58

body in question is to hand over the originals of title deeds held as security for a mortgage, except the original lease of which a photocopy will be supplied, if required, at a charge. The original lease is held by the public body with the other title deeds to the lessee's interest, and the counterpart is held by the lessor. The Council decided to inform members that no action could be taken in the matter. It was decided to suggest as a matter of conveyancing practice to solicitors acting for purchasers or lessees of property which is bought with the assistance of a loan that an extra copy of the draft lease or assign ment should be made at the approval stage, which could be made conformable with the original and retained by the lessee or purchaser after stamping registration and completion. The necessity of an application to the lending society or public body for a copy of the lease would thereby be avoided. Mortgagee and mortgagor. Incidence of costs of application for consent to lease. A PROPERTY-OWNING Company executed a charge in favour of mortgagees as security for an advance. The material covenants in the mortgage were: 1. That no lease or letting of the land should be made without the consent of the mortgagees previously given in writing. 2. That in addition to all costs charges and expenses, which in the absence of stipulation to the contrary the mortgagees would be en titled to add to their security. The mortgagees might add in like manner costs charges and expenses of every kind which they might incur properly in relation thereto as between solicitor and client, and that the same should after demand for payment be deemed a further advance. The company requested the mortgagees to consent to a letting of the lands and after negotiation and incurring costs the mortgagees refused their consent. The Council were asked on a submission to arbi tration to decide whether the mortgagors were bound to pay the costs of the mortgagees incurred in con nection with the application for consent to the sub letting, subsequently refused as aforesaid. The Council on a report from a Committee decided on the facts submitted and as between the parties that the mortgagors were liable to pay the mortgagees' costs of the abortive application and negotiations under the express covenant in the mortgage. Funds in court. Loss in market values. MEMBERS drew the attention of the Society fo hard ship arising from depreciation in investments repre senting funds lodged in court. On a report from a

Committee, the Council decided to bring the matter to the notice of the Superior Courts Rules Committee and to suggest inter alia that the Accountant General should be authorised to invest funds in short-term Treasury Bills. OCTOBER ZND : Mr. Quirke in the Chair. Also present: Dermot P. Shaw, Terence de Vere White, G. G. Overend, John J. Sheil, Ralph J. Walker, John Maher, P. R. Boyd, Scan O hUadhaigh, Thomas A. O'Reilly, James R. Quirke, Desmond J. Mayne. A special meeting of the Council was held to consider reports from the Court of Examiners on the first and second Irish, Preliminary, first law and the book-keeping examinations Autumn 1957. OCTOBER IOTH : The President in the Chair. Also present: J. R. Quirke, A. Cox, John R. Halpin, George A. Nolan, John Carrigan, Desmond J. Collins, James J. O'Connor, Ralph J. Walker, Francis J. Lanigan, John J. Sheil, Reginald J. Nolan, P. R. Boyd, Cornelius J. Daly, Joseph Tyrrell, John Maher, F. J. Gearty, T. A. O'Reilly, P. E. O'Connell, W. J. Comerford, J. J. Nash, C. J. Downing, R. McD. Taylor, G. G. Overend, C. Gore Grimes. The following was among the business transacted. Attestation of documents. A MEMBER wrote enquiring whether in the opinion of the Council it is permissible or desirable for a solicitor as an officer of the court to act as surety on a bond given by the members of a Committee for which he acts and to attest their signatures. The Council decided to inform member that they cannot advise on the legal position, but that they are of opinion that it would be undesirable for a solicitor to attest the signatures of other parties to a document to which he himself is a party. The new Schedule II. THE Secretary stated that the Solicitors Remunera tion General Order, 1957, had been signed by the members of the Statutory Body and would be laid on the table in each House of the Oireachtas. He stated that he understood that the Oireachtas would meet on October 73 rd and that under the provisions of Section 6 of the Solicitors Remuneration Act 1881 the Order might be disallowed by a resolution of either House within a month from that date. Messrs. O hUadhaigh, Cox, Nash, Walker and Overend were appointed as a sub-committee with full authority and discretion to handle the business 48