The Gazette 1955-58

JULY, 1956

Vol. 50 No. 3

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

Stcntarj ERIC A. PLUNKETT

Via-Pretidents RALPH J. WALKER GEORGE G. OVEREND

Prta'&Ht DERMOT P. SHAW

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL. JUNE z8tH : The President in the Chair. Also present G. G. Overend, Ralph J. Walker, Henry St. J. Blake, Desmond Mayne, James R. Quirke, Francis J. Lanigan, John R. Halpin, Derrick M. Martin, John J. Nash, Thomas A. O'Reilly, F. J. Gearty, William J. Norman, J. F. Foley, Peter E. O'Connell, Niall Gaffhey, John Carrigan, Patrick R. Boyd, R. McD. Taylor, C. E. Callan, Cornelius J. Daly, Reginald J. Nolan, John J. Shell, James J. O'Connor, Desmond J. Collins, Patrick F. O'Reilly, Francis Gallagher, Terence de Vere White. The following was among the business transacted: Application under Section 38. AN application by a solicitor's apprentice for permission to accept office as a company director while serving under indentures was granted; the Council being satisfied that the duties of the position would not interfere with due service under indentures. Registry of Deeds Searches. MEMBERS referred to the common practice of

vendors of houses forming part of building schemes of including a condition on the sale of an individual house that the purchaser will be entitled to a copy, certified by the vendor, of the negative search affecting the whole scheme or an extract therefrom. In some cases the lessor bespeaks a negative search which is kept open in the Registry of Deeds and the lessee is given an authority to inspect with an under taking from the lessor to furnish a certified copy of the search when finally closed. Members raised the question of liability for a mistake in the certified copy and suggested that as the action might be ex delicto the defence of contributory negligence might be available in an action by the purchaser against the vendor. There is also the question of possible liability of the purchaser's solicitor cor negligence towards his own client. Members also raised the question of the liability of the Registry of Deeds where a purchaser is given a photostat copy of the original Negative Search. Would the Registrar of Deeds be liable to a purchaser or lessee taking a photostat copy if the original search were erroneous or would he be liable only to the person who originally bespoke the search ? Members pointed out that the scale fee makes no provision for paying the solicitor for a purchaser for comparing '9