LEGAL POSTINGS:

NOTICE of Application to pay amount of Advances into Bank of Ireland, pursuant to Section 14, Sub-section 1, of the "Land Law (Ireland) Act, 1887."

COURT OF THE IRISH LAND COMMISSION.

TO ALL WHOM IT MAY CONCERN.

ARTHUR

Record No. 439.

In the Matter of the Estate of

BLENNERHASSETT

(Killorglin Estate), An Owner of Land.

WHEREAS application has been made to the Court by the said Owner, for an Order, pursuant to Section 14, Subsection 1, of the Land Law (Ireland) Act, 1887, that the amount of the advances sanctioned in this Matter in respect of Sales to the Tenants of the lands set forth in the schedule hereto (or part thereof), less the amount of the guarantee deposits, be paid into the Bank of Ireland, to the account of the Irish Land Commission and credit of this Ma ter, and that the claims of all persons (except the tenants or persons claiming under them) who are interested in the lands sold, whether as incumbrancers or otherwise, shall attach to the purchase-money of such lands in like manner as immediately before the sales they attached to the lands, and shall cease to be of any validity against the lands.

And whereas the said Owner claims to be seized of the said lands in fee simple, subject only as is mentioned in the rulings on title in this Matter, dated the 31st day of May, 1888

Let all parties Take Notice that the said Application will come before me to report upon on Monday, the 8th day of December, 1890, at my Chambers, 24 Upper Merrion-street, Dublin, at Eleven o'clock, in the forenoon, and will come on for hearing before Mr. Commissioner LYNCH, at his Court, Upper Merrion-street, aforesaid, on Monday, the 15th day of December, 1890, at Eleven o'clock in the forenoon, when a Final Order will be made, and all persons are at liberty to inspect the said Rulings on Title at my Office, and any person, for any valid reason, objecting to such Order being made, may enter an appearance in the Matter, and file an Affidavit of Cause against the said Order being made, and appear on the hearing of such application.

And Further Take Notice that, immediately on the making of such Order, the Court will proceed to vest the several holdings in the purchasing tenants thereof, and to charge the said holdings with the annuities in respect of the said advances.

Dated this 19th day of November, 1890.

E. O'FARRELL, Assisting Chief Clerk. N.B.-No application to the Court by letter or memorial can be entertained.

SCHEDULE REFERRED TO IN THE FOREGOING NOTICE. Dromin, Dromin East, Dromin West, Lismacfinnin, Auglont, all situate in the Barony of Magunihy and Inch East, in the Barony of Corkaguiny, all in the County of Kerry.

10c City of Dublin

50 Dublin & Liverno Steam Ship Building. Co.

to Dundalk (Limited)

Miscellaneous.

10 Alliance & Dub. Cons Q IO

Do.

do. New

100 Do., 4 p c Debenture Stock Arnoli & Co..limited

4

100 Do., 6 p c Debenture

5 Bell's Asbestos, Limited 5 Boland's, Limited

5

10

15 Kinahan & Co., Ltd. 5 M'Birney & Co. .. National Assurance

25

9-1-7 Patriotic Assurance

96

..

99

Rathm. & Rathgar Tship., 3 p c 981

ROSSK

ROYAL

BELFAST

GINGER ALE

IRELAND

ByHer Majestysetters Patent

86

JAMES

al

T. ELLIS.

PUBLIC RECORD AGENT AND LAW SEARCHER,

BEAUMONT TERRACE, NORTH CIRCULAR ROAD,

PUBLIC NOTICES:

DUBLIN CORPORATION REDEEMABLE STOCK.

AUTHORISED BY THE DUBLIN CORPORATION LOANS ACT, 1889.

52 and 53 Vic., Cap. 129.

THIRD ISSUE -£150,000 3 PER CENT. STOCK.
Redeemable at Par, 1st January, 1944,

MINIMUM PRICE OF ISSUE, £100 PER CENT.
First Dividend for Six Months' Interest, payable on 1st January, 1891.
Subsequent Dividends payable half-yearly on 1st July and
1st January.

All Dividends Payable at any Office of the Munster and Leinster Bank. Trustees, Executors, or Administrators are authorised by the Trust Investment Act of 1889 to invest Trust Funds in this Stock, unless expressly forbidden by the instrument (if any) creating the Trust.* HE CORPORATION of DUBLIN HEREBY GIVE NOTICE that, in pursuance of resolutions adopted by them on the Sixth November instant, they are prepared to receive Tenders for One Hundred and Fifty Thousand Pounds of Dublin Corporation Redeemable Stock, bearing interest from the 1st July last, at £3 5s, per centum per annum, payable half-yearly, at any Office of the Munster and Leinster Bank, the Registrar of the Corporation Stock.

THE

The Stock will be redeemable at par on the 1st of January, 1944, and in every respect its terms and conditions are such as to render it identical in position, value, and security with the already existing Stock of the Corporation.

The books of the Stock are kept, and transfers are made, at the Office of the Registrar, the Munster and Leinster Bank, Dame-street, Dublin. Transfers and Stock Certificates to bearer are free of stamp duty in virtue of an agreement made by the Corporation with the Commissioners of Inland Revenue. No official fees are charged upon any transactions in the Stock. Dividend warrants are sent by post when Stockholders so desire.

SECURITY.

All Stock of the Corporation is, by Section 6 of the Corporation Loans Act, charged alike on the whole revenues of the Corporation, and on all the funds and rates of the City; and the dividends payable on all Stock of the Corporation are the first charge on the revenues, funds, and rates aforesaid, subject to the charges existing on the 12th of August, 1889, the date of the passing of the Loans Act. When the charges existing at the passing of the Act have been extinguished by the conversion of the City Debt into Stock, the capital of all Stock, and the dividends payable thereon, will become and continue the absolute first charge on the revenues, funds, and rates aforesaid.

The City debt on the 31st of December, 1888, as shown in the Second Schedule to the Loans Act, was £1,151,374 5s. 3d. Since the 31st of December, 1888, the Corporation, out of current revenues, have reduced the debt by £38,626 2s 4d., and have converted into Stock £701,077, leaving at this date an unconverted balance of £411,670.

The extent to which the consolidation of debt and reduction of interest by the issues of Stock has benefited the financial position of the City, may be shown by a simple comparison of figures. If Stock had not been issued, the charge for repayment of principal and payment of interest in the current year would have been £89,723 19s. 6d., and in the next year £119,588 19s. 91. The actual charge for this year is £57,416 12s. 9d., and it is estimated that the charge for next year will be £44,000. Thus, the diminution of charge for 1890 is £32,307 6s. 9d., and for 1891 will be £75,588 19s. 9d. The practical effect, so far, has been that the estimates for the City rates this year were reduced by a sum equivalent to a rate of 9d. in the £, and there is reason to anticipate a much larger reduction in future years.

On the completion of the conversion of the debt the annual charge for interest and redemption of principal in respect of the debt represented by the Stock will be about £45,000, and this charge, thus reduced to about one-half of what it has been for a number of years, is secured upon (1) the borough rate, which, by virtue of the Loans Act (Section 10) may be levied without any limit of amount for the securing of the stockholder, upon a rateable valuation, now amounting to £683,326, and steadily increasing: (2) the rental of the real estate of the City, now yielding a net annual income of about £25,000; and (3) the annual income from the sale of water, now amounting to close upon £30,000. The City rental and the water income are of increasing amount, and it will be observed that, without any reference to the rates, the revenue from these two extra sources exceeds the amount of the annual charge for debt.

*Section 3 of the Trust Investment Act, 1889 (52 and 53 Vict. cap. 32), enacts as follows:-"It shall be lawful for a Trustee, unless expressly forbidden by the instrument (if any) creating the Trust, to invest any Trust Funds in his hands in the manner following, that is to say in nominal or inscribed Stock issued or to be issued by the Corporation of any Municipal Borough having, according to the return of the last Census prior to the date of investment, a population exceeding fifty thousand under the authority of any Act of Parliament or Provisional Order."

The Corporation are strictly bound by the Loans Act to fully provide in every year for dividends and redemption of principal, and to furnish annually to the Local Government Board such accounts as the Board may require, and the Act enables the Local Government Board and the High Court of Justice to render its provisions effectual.

The first issue of this Stock, amounting to Five Hundred Thousand Pounds, was offered to the public, and Tenders in excess of the whole amount were lodged in a fortnight. The second issued was not offered to the public; it was limited to the holders of securities of the Corporation, and, by means of the second issue, such securities to the amount of over Two Hundred Thousand Pounds were converted.

TENDERS.

Tenders are to be on the printed forms, which may be had at any office of the Munster and Leinster Bank, or from meinbers of the Dublin, Cork, and Belfast Stock Exchanges; also by application to the Town Clerk, City Hall, Dublin.

A deposit of 5 per cent. on the amount of Stock tendered for is to be paid in at any office of the Munster and Leinster Bank before delivering the Tender.

Tenders are to be closed, and to be delivered at any office of the Munster and Leinster Bank, or at the office of the Town Clerk, City Hall, Dublin, not later than NOON on SATURDAY, the 29th day of November instant. All Tenders will be opened at the City Hall by the Committee in charge of the issue, at noon on Tuesday, the 2nd of December.

ALLOTMENTS.

If Tenders, at or above the minimum price, for a larger amount of Stock than the sum now offered are received, the Committee reserve the option either to make allotments proportionately reduced upon Tenders at the lowest prices accepted, or to allot from the reserve of Stock at their disposal the whole or any part of the Stock tendered for, in addition to the sum of One Hundred and Fifty Thousand Pounds. If the amount of Stock allotted upon a Tender is less than the amount tendered for, the excess of the deposit will be applied towards payment of the first instalment.

If no allotment is made upon a tender, the deposit will be returned. The conditions as to deposits and allotments do not apply to cases in which holders of any existing securities of the Corporation tender the amount of such securities for conversion into Stock. In these cases, the forms of Tender may be altered in writing.

Instalments of the balance of the price of the Stock allotted will be payable as follows, at any office of the Munster and Leinster Bank:

On or before the 23rd of December) The balance of £50 for each £100 Stock. prox. The whole amount payable upon an allotment may be paid at any time after the allotment is notified. Discount at the rate of two per cent. per annum will be allowed on such payments.

In case of failure to pay any instalment by the appointed date, any previous payment may be forfeited.

Interest on the full amount of Stock will be paid as from the 1st of July last.

Every Allotment of Stock will be inscribed in the books kept by the Registrar, the Munster and Leinster Bank, as soon as the last instal. ment has been paid.

SOLICITOR'S REMUNERATION AS TO LEASE IN CONSIDERATION OF ANNUAL RENT AND PREMIUM.

LAST week's Law Times reports a well-considered and highly satisfactory decision, pronounced by Mr. Justice North on the construction of the Solicitors' Remuneration Order, under the Act of 1881, in reference to leases granted in consideration partly of a money payment and partly of a rent. The 2nd part of schedule 1 to that Order gives two scales of charges: the first being that of charges payable to the lessor's solicitor for preparing, settling, and completing lease and counterpart in case of a lease or agreement for lease at rack rent (not including a mining or building lease); and the second, that of charges payable to a vendor's or lessor's solicitor for preparing, settling, and completing conveyance and duplicate, or lease and counterpart, in cases of conveyance in fee, or other long leases not at rack rent (except mining leases). While, alike in England and Ireland, the 5th of the rules applicable to part 2 provides that "where a conveyance or lease is partly in consideration of a money payment or premium, and partly of a rent, then, in addition to the remuneration hereby prescribed in respect of the rent, there shall be paid a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium." Was this direction as to payment, of such further sum "equal to the remuneration on a purchase at a price equal to." the premium, meant to narrow the application of the rule to only a case in which, if the transaction had been a purchase at the price of the premium, the solicitor could have claimed the scale fee? This was mainly the question involved in Re Robson, and the taxing master having formed an opinion unfavourable to the solicitor it was sought to have the taxation reviewed.

The bill of costs related to work done by Mr. Robson, the lessor's solicitor, in respect of a lease for a term of 90 years, in consideration of an annual rent of £50, and a premium of £4,400 payable by the lessee to the lessor. No title was deduced by the lessor. The lessor's solicitor delivered his bill for £59 10s., consisting of £3 10s. for disbursements, and £56 for professional charges. This £56 was made up of a scale fee of £14 in respect of the rent, and a scale fee of £42 in respect of the premium. Objection was taken on the taxation to the remuneration in respect of the premium, and the taxing master, disallowing the £42 so charged, stated: "The solicitor claimed that rule 5 of the rules applicable to part 2 of schedule 1, entitled him to charge, in addition to the remuneration in respect of the rent, a further sum equal to the remuneration on a purchase at a price equal to the premium. The applicants replied that the only remuneration by scale prescribed by the Act on a purchase is given in

No. 1,244

sched. 1, part 1—namely, remuneration to the vendor's solicitor; first, for negotiating a sale by private contract; secondly, for conducting a sale by auction; thirdly, for deducing title, and perusing and completing conveyance; that the solicitor had in this case neither negotiated a business, nor conducted a sale by auction, nor deduced title, and therefore the scale did not apply. I was of opinion that the solicitor was not entitled to a fee, according to scale on the premium, and that the remuneration to which he was entitled was the remuneration prescribed by the Act in respect of business the remuneration for which is not prescribed in sched. 1— namely, remuneration regulated according to sched. 2, and I gave the solicitor opportunity of bringing in a detail of the items of costs incurred, which I would tax according to that schedule. He has not brought in any bill of such items, but has brought in objections to my taxation." In support of the view so maintained, it was urged before North, J., that the solicitor was not entitled to be paid for work not done; he could not charge the scale fee under part 1, "for deducing title to property," because he had not deduced any title; the solicitor, in effect, wished to read rule 5 as if it had said that (in addition to the scale fee in respect of rent) "there shall be paid a further sum equal to the scale remuneration on a purchase" for £4,400. Even if the lessor's solicitor had been required to furnish an abstract of title, he would not be entitled to charge for so doing under rule 1 (saying it is to be charged for according to the present system as altered by schedule H), because he must not be paid twice over for the same work.

The question came to this, said North, J."Whether the solicitor is to be paid (a) by a scale charge on the rent and on the premium; or (b) by a bill of costs according to the old system, as altered by schedule 2. The case falls exactly within rule 5 of part 2 of the schedule-namely, the lease is partly in consideration of a rent and partly of a money payment or premium. That rule provides that, "In addition to the remuneration hereby prescribed in respect of the rent' there shall be paid, not a bill of costs, but 8 further sum equal to the remuneration on a purchase at a price equal to such money payment or premium.' It does not say that the vendor's or lessor's solicitor is to be remunerated as if, to this extent, the transaction were a purchase, but that he is to be remunerated, in the case of a lease or conveyance reserving rent, by a sum equal to the remuneration on a purchase, a sum to be ascertained by reference to something else in the Act, to which reference effect must be given if possible. As we are dealing with the case of a vendor's or lessor's solicitor, the rule would have been more happily expressed and more accurate if it had referred to remuneration on a sale instead of on a purchase; but the

meaning is obvious. Now to what is reference here made? The remuneration on sales is given by part 1 of schedule 1 to a vendor's solicitor for three things: first, negotiating a sale by private contract; secondly, for conducting a sale by public auction; and thirdly, for deducing title to property and completing conveyance. The first of these cannot be intended; for it is settled by Re Field (29 Ch. D. 608) and later cases that no charge can be allowed for negotiations in respect of business coming within part 2 of schedule 1. Nor can the second be meant, for there is very little connection between sales by auction and the matters dealt with in part 2. The reference must, therefore, be to the remuneration payable to a vendor's solicitor for deducing title and perusing and completing conveyance. But it is said that, as the scale fee on purchase (or sale) is not payable unless the title is deduced as well as the conveyance completed (see Re Lacey and Son, 49 L. T. N. S. 755; 25 Ch. Div. 301; and Newbould v. Bailward, 59 L. T. N. S. 906; 14 App. Cas. 1), so it cannot be allowed on a lease where the business is completed without deducing title. But it is clear the two cases are not assimilated for all purposes. For instance, on a sale under part 1, a solicitor who negotiates a sale and deduces title and prepares conveyance, receives separate fees for each; while a solicitor who negotiates a conveyance or lease coming under part 2 receives no fee for negotiating. Again, the law is established that a lessee is not, in the absence of express contract to that effect, entitled to call for his lessor's title; and such title notoriously is scarcely ever required; and it would be rather absurd, I think, to hold that the reference n rule 5 to remuneration in respect of the premium had reference only to the very rare cases of leases for which the lessor had by special contract to deduce his title; and that far the larger number of cases in which leases are granted in consideration in part of a premium, without any title being deduced, are unprovided for by the rule. In fact, it is clear that the framers of the rules applicable to part 2 of schedule 1 had in mind that title is not ordinarily deduced on grants of leases; and that those rules are not confined to leases on the grant of which title is not deduced; for the first rule applicable to part 2 provides that, if the vendor or lessor furnishes an abstract of title, it is to be charged for according to the present system as altered by schedule 2;' and this is the one case in which the order allows remuneration by a bill of costs in addition to scale fees. It is obvious that this charge is in addition to and not in lieu of a scale fee; for the rule merely allows a separate charge for what is but a small part of the deducing of title; and it could not be contended that in cases where title is deduced the solicitor should not receive any remuneration for deducing title except the charge for the abstract. The provisions of rules 5 and 1, that the solicitor is to have a scale fee on the premium, and if an abstract is furnished (which is part of the deduction of title) is to have something more, is, in my opinion, quite inconsistent with the contention that if title is not deduced (that is, if an abstract is not furnished) he is not to have even any scale fee on the premium or other re

muneration in respect thereof. If that were so, in the not uncommon case of a lease at a nominal or small rent and a large premium (no title being deduced), a solicitor would receive ouly a very moderate and possibly inadequate remuneration for his work—a state of things scarcely contemplated by the framers of the Act, order, and rules. In my opinion, the language of rule 5, referring to a further sum equal to the remuneration on a purchase at a price equal to the premium, was intended to avoid the repetition of the table showing the rate or scale of remuneration, as though there had been a reference to it mutatis mutandis, and was not meant to narrow its application to cases precisely identical, or to exclude almost all leases at a premiuin from its operation." Under those circumstances, of course, the solicitor was entitled to the whole £56 he claimed, and so it was decided-with costs.

DEATH OF MR. THOMAS GERRARD. THE death of Mr. Thomas Gerrard, on the 22nd inst., is deeply deplored. The Gerrard family, of Alsatian origin, settled in Lancashire early in the fifteenth century, and a branch of it, immigrating to Ireland in the following century, settled in the Co. Meath, and to this branch Mr. Thomas Gerrard belonged. He was the eldest son of the late Mr. Thomas Gerrard, solicitor, and was admitted to the same profession in Trinity Term, 1867. Enjoying a very considerable private practice, still further increased on the death of his father in 1882, Mr. Gerrard also occupied the position of Crown Solicitor for the County Carlow and Queen's County. He was a member of the Council of the Incorporated Law Society of Ireland, and was also an associate of the Solicitors' Benevolent Society. In every capacity he earned the respect of his professional brethren and of all with whom business or social relations brought him into contact, and the sad tidings of his decease evoked wide-spread regret. His funeral, which took place on Tuesday last, was indeed one of the largest that has taken place in Dublin for many years, and amply testified to the unfeigned esteem with which he was universally regarded. The Council of the Incorporated Law Society was represented on the Occasion by the President, W. Burroughs Stanley, the two Vice-Presidents, John A. French and Edward FitzGerald, the Secretary, Wm. Geo, Wakely, and the following members: -Sir P. Maxwell, John MacSheehy, R. S. Reeves, Wm. Findlater, Wm. Fry, jau., J. L. Scallan, Trevor Overend, F. R. M. Crozier, Thomas Falls, Keith H. Hallowes.

In consequence of the death of Mr. Thomas Gerrard, the annual dinner of the Council of the Incorporated Law Society, which was fixed for last Saturday evening, was postponed.

A special meeting of the outgoing council of the society was held on Wednesday, 26th inst, at 1 30 p.m., the President (Mr. W. Burroughs Stanley) in the chair, and twenty-one other members present; when the following resolution was unanimously adopted ::

"That the Council of the Iucorporated Law Society of Ireland desire to record their deep regret at the loss which they, the profession which they represent, and the public have sustained by the death of Mr. Thomas Gerrard, and to assure Mrs, Gerrard that the members of the Council deeply mourn the loss of their colleague, and sincerely sympathise with her in her great affliction." The Secretary (Mr. Wm. George Wakely) was directed to communicate the resolution to Mrs. Gerrard.

A general meeting of the Solicitors' Apprentices' Debating Society was held at the Antient Concert Rooms on Monday evening. Mr. John MacSheehy, ex-President