The Gazette 1964/67

Re: Land Acquired for Afforestation

A new Certificate will be issued in each case, except a case in respect of which notification is received in this Registry within 28 days from the publication of this notice, that the Certificate of Title is still in existence, and in he custody of some person other than the registered owner. Any such noification should state the grounds on which such Certificate is being held. Dated the 29th day of July, 1966. D. L. McALLISTER, Registrar of Titles SCHEDULE 1. Registered Owner, James Quintivan. Folio number 629. County Clare. Lands of Garruragh in the Barony of Tulla Upper, containing 56a. Ir. 4p. 2. Registered Owner, Jessica Florence Heath. Folio number 8079. County Cork. Lands of Gully (E.D. Bally- modan) in the Barony of Kilnameaky, containing Ir. 14p. 3. Registered Owner, Charlotte E. Whitmore. Folio number 1617. County Wicklow. Lands of Coolalug in the Barony of Ballinacor South, containing 7la. Or. Op. 4. Registered Owner, Patrick Roddy. Folio number 24604. County Donegal. Lands of Linsfort and Bally- cennan in the Barony of Inishowen, containing 19a. 2r. Op. OBITUARY Mr. William H. Fry, solicitor, died on the 30th June, 1966, at his residence "Aureen", Merrion Road, Dublin. Mr. Fry served his apprenticeship with his father the- late Sir William Fry, Lower Mount Street, Dublin, and was admitted in the Trinity Sittings 1902 and practiced at 14 Lower Mount Street, Dublin. Mr. William A. White, solicitor, died on the 4th March 1966 at his residence, 68 Rathdown Avenue, Terenure, Dublin. Mr. White served his apprenticeship with the late Mr. Henry H. Bonass, City Hall, Cork Hill, Dublin, was admitted in Hilary Sittings 1925 and practised at 68 Rathdown Avenue, Terenure, Dublin. Mr. John R. Macken, solicitor, died on the 24th July 1966 following a motor accident. Mr. Macken served his apprenticeship with the late Mr. John J. Macken, Mullingar, Co. Westmeath, was admitted in Hilary Sittings 1957 and practised at Mul lingar under the style of J. J. Macken & Co. Mr. Cyril H. Hardman, solicitor, died on the 1st August 1966 at his residence, Villa Nova, Merrion Avenue, Blackrock, Co. Dublin. Mr. Hardman served his apprenticeship with the late Mr. Hunt W. Hardman, 14 Molesworth Street, Dublin, and practised at 14 Molesworth Street. Dublin, up to his retirement in 1965. Mr. Joseph J. Little, solicitor, died on the 4th August 1966. Mr. Little served his apprenticeship with the late Mr. John E. Cullen, 48 Upper Sackville Street, Dublin, was admitted in Michaelmas Sittings, 1922, and practised at 6 Victoria Road, Rathgar, Dublin. 39 Central Office, Land Registry, Chancery Street, Dublin.

The following is the text of a letter from the Secretary to the Secretary of the Department of Lands : llth July, 1966 the Forestry Department about the procedure of the De partment in getting owners of small holdings to sign contracts for sale to the Department without legal advice. The correspondence has been published in the Society's GAZETTE and for easy reference I enclose a copy of the relevant pages. The position is that in a number of cases of small holdings with complicated title.; and small purchase monies the negotiator from the Department approaches the owner, gets his signature to a contract, under which he must make full title, and only then is the matter referred to the owner's solicitor. The result is that either the whole or most of the purchase price is absorbed in costs, or the solicitor must do the work for nothing, or next to nothing. This is clearly inequitable. The expense content of making title is a necessary element in the transaction. If the Department want the land they should be prepared to pay the necessary costs. There is no reason why an owner should sign a contract which contains no advantage to himself, and all the advantage to the Department. The practice of the Department in sending sale negotiators to get owners to sign contracts of this kind is clearly inequitable, and is taking an unfair advantage of the owners. I am accordingly directed by the Council to refer to the Society's letter of 4th March last, and to request a definite reply to the Society's objection. The third paragraph in the Forestry's Department letter, that the Department cannot agree that they should insist on vendors consulting solicitors, does not meet the point. The Council has always objected to Govern ment Departments getting owners to sign contracts without legal advice, and they regard the practice adopted by the Forestry Department as nothing more than a deliberate attempt to obtain the signatures of vendors to contracs which he Department well know will result in no benefit to the vendor and, in many cases, result only to his disadvantage. If the vendors were fully aware of the facts, and they would be aware if they consulted their legal advisors, they would refuse to sign such contracts. I trust therefore, that this matter will receive the favourable consideration of the Minister in the light of the Society's representations. It should be added that the practice of the Forestry Department in this con nection is not in line with that of other Departments acquiring lands. Yours sincerely, E. A. PLUNKETT. REGISTRATION OF TITLE ACTS 1891 and 1942 ISSUE OF NEW LAND CERTIFICATE Applications have been received from registered owners mentioned in the Schedule annexed hereto, for the issue of Certificates of Title in substitution for the original Certificates issued in respect of the lands specified in the said Schedule, which original Certificates, it is alleged, have been lost or inadvertently destroyed. Dear Mr. O'Brien, The Society has been in correspondence with