The Gazette 1967/71

years ago in which he was appointed executor of the will containing the usual charging clause for costs. In the particular circumstances member had to attest the will. He asked for guidance as to the course to be taken. The Council stated that member would be at liberty to take one or other of two courses : (a) Making a contract with the beneficiaries for payment of the fees before taking out representation. (b) Renouncing the executorship and allowing one of the beneficiaries to prove. If the personal representative then instructs the member he would be entitled to charge in the ordinary way. Right to hold an original lease The Council expressed the opinion that the Land lord and Tenant (Ground Rents) Act 1967 did not change the former law under which a lessee or tenant was entitled to hold the original lease or letting agreement, the lessor or landlord being entitled to the counterpart. Costs—Same solicitor for lessor and lessee Section 32 of the Landlord and Tenant (Ground Rents) Act 1S67 enacted that notwithstanding any rule of law a party to a lease is not under an obligation to pay the solicitor's costs of the lease of any other party thereto and any stipulation to the contrary, if the contract is made after 1st March 1967 is void. A member enquired as to the proper basis of charge in a case in which he acts for lessor and lessee. The Council on a report from a committee stated that Rule 2, Schedule 1, Part 2 S.R.G.O. 1884-1964 entitles a solicitor for lessor and lessee to charge only one commission scale fee. The rules do not indicate who is to pay the fee. The most equitable method of dealing with the matter would be that the solicitor for the parties should opt for the lessor's fee. The proportion of this fee equal to the lessee's fee could be charged to the lesree and the balance charged to the lessor. The lessee would be liable for stamp duty on the lease and for registration charges and the professional fee for registration in the Registry of Deeds, where applicable. Solicitors in the Oireachtas The Report of the Council for the year ended 30th September 1969 contained one omission and one printer's error. The name of Senator Alexis Fitzgerald was omitted in the list of solicitor/ senators and the name of Senator Michael J. 54

tion of a textbook on company law with funds subscribed as a memorial to the late Arthur Cox, a former President of the Society. The pro ject for a textbook on company law had proved impracticable. The Society had suggested that the fund should be used for the publication of legal textbooks without restriction as to title. A subs tantial amount is standing to the credit of the fund. Registered land, one sale, three titles In a sale for a sum of £7,000 the title consisted of three folios. The first was a title registered over 40 years ago. The second was a title regis tered 22 years ago and the third was a title registered for 17 years. The member enquired whether the price should be apportioned as bet ween the three folios on the basis of area and the costs calculated on different scales accordingly. The Council on a report from a committee stated that member was entitled to charge the full com mission scale fee on the purchase money, £7,000, notwithstanding that the equities had been auto matically discharged on one of the folios. Sale, Agreement by purchaser to pay vendor's costs On a sale, the consideration being £85 the pur chaser verbally agreed to pay the vendor's costs. He subsequently refused to pay the vendor's costs. The contract was embodied in a letter which makes no reference to the costs. The Council on a report from a committee stated that an agree ment by a purchaser to pay the vendor's costs to be enforceable should be in writing. October 16th: The President in the chair; also present : Messrs. John Carrigan, Robert McD. Taylor, Desmond Moran, Ralph J. Walker, John Maher, John O'Meara, Christopher Hogan, Wal ter Beatty, Joseph L. Dundon, William M. Cahir, Bruce St. J. Blake, Patrick C. Moore, Augustus Cullen, Brendan A. McGrath, Desmond J. Col- lins, Gerard M. Doyle, Gerald J. Moloney, Gerald Y. Goldberg, George A. Nolan, Thomas Jackson, James R. C. Green, Francis J. Lanigan, James W. O'Donovan, Patrick Noonan, Richard Knight, Norman T. J. Spendlove, Senator John J. Nash, Peter D. M. Prentice, William A. Osborne, Gerald Hickey, and Peter E. O'Connell. The Council passed in silence a vote of sympathy with the family of the late Daniel J. O'Connor a principal of the firm of Arthur Cox & Co. and a member of the Council. Solicitor-executor witnessing will A member prepared a will for a testator some