The Gazette 1946-49

Vol. 42 No. 1

May, 1948

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

Secretary : ERIC A. PLUNKETT

'President: 6 HUADHAIGH

Pi'ct-Presidents : JAMES R. QUIRKE, JOHN J. SMYTH.

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL APRIL 2ZND. The President in the chair : Also present: Mr. James R. Quirke, Vice-President; Messrs. Daniel O'Connell, G. Acheson Overend, Arthur Cox, Louis E. O'Dea, Niall Gaffney, Joseph P. Tyrrell, Dermot P. Shaw, John J. Bolger, J. Travers Wolfe, Patrick F. O'Reilly, John J. Dunne, William L. Duggan, Peter O'Connor, Reginald J. Nolan Patrick R. Boyd, John P. Carrigan, Henry St. J. Blake, Henry P. Mayne, William J. Norman, Roger Greene, Joseph Barrett. The following was among the business trans acted :— Legal Education On a report from the Legal Education Committee it was resolved that a third course of lectures for apprentices should be established on the subject of Conveyancing, the general practice of a solicitor's office (including the practice in the Courts) and the rights, duties and responsibilities of a solicitor. The matter was referred to the Court of Examiners to draft new regulations to be submitted to the Council in order to give effect to the resolution.

Costs of Release of Mortgage The following matter was considered on a report from a Committee of the Council:— Summary of Facts : On 24th March, 1947, Mr. A. agreed to sell to Mr. B. his interest in certain premises in Armagh held subject to a fee farm rent of £2 135. pd., and subject to a yearly tenancy of the purchaser in the premises but otherwise free from incumbrances. On a search against the vendor a mortgage dated yth October, 1912, from the vendor to the Bank of Ireland appeared affecting the premises sold. The vendor's solicitors obtained a letter from the Agent, Bank of Ireland, Mallow, stating that the Bank is no longer interested as the debt was discharged on the 6th April, 1921. • The purchaser's solicitors require the vendor to have this mortgage released at his own expense. The vendor's solicitors contend that the legal estate has re-vested in the vendor by operation of law and as the purchaser requires a reconveyance it should bz at his own expense. Both parties agreed to submit for the decision of the Council the question whether the vendor or the purchaser should pay the costs of the reconveyance of the mortgage.