The Gazette 1955-58

J. Norman, R. McD. Taylor, Desmond J. Collins, Francis Gallagher, Patrick F. O'Reilly, Arthur Cox, James J. O'Connor. The following was among the business transacted : Consultations in the Smoking Room. THE Council decided that the Smoking Room will be reserved for members between 12 noon and 3 p.m. and that consultations may be held therein with counsel and witnesses before 12 or after 3 on any day. Application to take apprentice. ON a report from a Committee in special circum stances the Council granted permission to a solicitor to take an apprentice notwithstanding that he has not been in continuous practice for seven years under Section 29 (2) of the Solicitors' Act, 1954. Omission of partners' names from notepaper. THE Council expressed the opinion that it is un desirable that solicitors should practise as a firm using notepaper which omits the names of individual partners. Statute of Limitations Bill 1955. THE Legislation Committee considered a copy of this Bill which was received from the Department of Justice for observations. The Bill was circulated to the Society's lecturers and examiners who reported thereon and it was decided that copies of these reports should be sent to the Department for consideration in connection with the third reading of the bill. Registry of Deeds micro-filming of documents. A COMMITTEE of the Council considered suggestions that the Department of Justice should be asked to instal micro-filming apparatus in the Registry of Deeds and that micro-films of deeds should be substituted for memorials. The Secretary was directed to obtain thb views of the Registrar of Deeds and to bring them before the Council. Long Lease not at Rack Rent. THE Council were asked on a submission to arbitra tion to decide the proper scale of costs of a renewal lease granted pursuant to part III of the Landlord and Tenant Act, 1931, for a term of 21 years at the yearly rent of £230 per annum plus rates. Under lease which was due to expire the premises were held for 16 years at a rent of £200 per annum subsequently reduced to £175 plus rates by agreement. The Council were asked to decide the scale of costs legally applicable and whether there were any 80

have recently been dissolved -with a view to having them revived, having regard to the part which can be taken by active bar associations in promoting the interests of the profession and of clients. Income Tax Act 1918. Section 103. A COMMITTEE reported that several members had asked for advice as to their obligation to complete form 8/2 issued by the Revenue Commissioners under Section 103 of the Income Tax Act, 1918, requiring them to make a return of income received on behalf of clients. It was decided that the opinion of senior counsel should be taken and further consideration was postponed. Mining Lease. A LESSOR granted a lease to enable the lessee to quarry stone, etc., on his lands for ten years subject to payment of £600 in one sum on the signing of the lease. The wording of the addendum in the lease was " Yielding and Paying therefor unto the lessee the sum of £600 on the signing hereof (receipt of payment whereof the lessor doth hereby acknowledge)." A dispute arose as to the scale of costs for which the lessee was liable. The first commission scale of charges under Schedule I, Part 2, S.R.G.O. 1884, is for " leases or agreements for leases at rack rent other than a mining lease or a lease for building purposes or agreement for the same." The second scale of charges is for " Con veyances in fee or for any other freehold estates reserving rent (not being a fee farm grant the Renewable Leasehold Conversion Act or the Church Temporalties Acts) or Building leases reserving rent, or other long leases not at rack rent or agreements for the same respectively mining leases or licences or agreements therefor." On the facts as between the parties the Council expressed the opinion that the single payment of £600 represented a commuted rent of £60 per annum and that the lease was a mining lease and the costs should be charged on the commission scale appro priate to a rent of £60 per annum according to the second scale Schedule I Part II, S.R.G.O. 1884 as amended. The Council were of opinion that for the purpose of this scale it is not necessary that a mining lease should be for a long term. MARCH IST : The President in the Chair. Also present, Messrs. Ralph J. Walker and George G. Overend, Vice-Presidents, Henry St. J. Blake, George A. Nolan, John R. Halpin, Desmond Mayne, John J. Sheil, John J. Nash, Terence de Vere White, James R. Quirke, P. R. Boyd, Francis J. Lanigan, F. J. Gearty, T. A. O'Reilly, John Carrigan, Cornelius J. Daly, Niall Gaffney, William