The Gazette 1967/71

Register C Daniel Bowling, late of Coolard, Shroneowen, Listowel, deceased. Will any solicitor or any other person having knowledge of a Will made by the above-named who died on the 4th day of March 1969 at South Quay, Newcastle West, County Limerick, please communicate with: Matthew J. Byrne & Co., Solicitors, 3 William Street, Listowel, County Kerry. Will any Soliictor who may hold a Will of Miss Delia Davin, Late of 13, McDonagh Terrace, Galway who died on March llth 1969 please contact Messrs. John C. O'Donnell and Son Solicitors for the Estate of 15 Mary Street, Galway. Applications have been received from the 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 speci fied in the said Schedule, which original Certificates, it is alleged, have been lost or inadvertently destroyed. 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 the custody of some person other than the registered owner. Any such notification should state the grounds on which such Certificate is being held. Dated the 28th day of April 1969. D. L. McALLISTER Registrar of Titles, Central Chancery Street, Dublin. Office, Land Registry, SCHEDULE 1. Registered Owner, Hugh O'Reilly. Folio number 13452. County Monaghan. Lands of Ballyrush in the Barony of Farney, containing 4a. 2r. 20p. 2. Registered Owner, Frank Keogh. Folio number 2226. County Clare. Lands of Knockyclovaun, in the Barony of Tulla Lower, containing 8a. Ir. lOp. 3. Registered Owner, Joseph Rafferty. Folio number 2110. County Kildare. Lands of Great Connell in the Barony of Connell, containing 9a. 3r. 32p. 4. Registered Owner, Mary McCormack. Folio number 197 (R) County Roscommon. Lands of Gorteena- cammadil in the Barony of Castlereagh containing 14a. 2r. 12 p. 5. Registered Owner, Patrick J. Walsh. Folio number 5337. County Dublin. (1) la. 3r. 20p. of the Lands of Balheary and (2) Oa. 2r. lOp. of the lands of Newtown both situate in the Barony of Nethercross. 116 REGISTRATION OF TITLE ACT 1964 Issue of New Land Certificate

Judgment Mortgage Description of Premises The Royal Insurance Co. obtained Judgment in the Circuit Court for £244 Is. 8d. against the Bankrupt and an Affidavit was made to convert the Judgment into a Mortgage under the Judg ment Mortgage (Ireland) Act of 1850. On the 15th March 1966 P. O'Meara & Sons. Ltd., got Judgment against the Bankrupt for £435 and subsequently made an Affidavit to con vert this Judgment into a Judgment Mortgage. A third Judgment was obtained by a Mr. Fur long in the High Court and it was converted into a Judgment Mortgage. The Judgment Mortgage in each case described the premises as being situate "in the parish of New Ross". The Official Assignee disputed the validity of all these Mortgages because the Affidavit did not comply with Section 6 of the Act of 1850 as the property was not in the parish of New Ross (which does not exist as a Civil Parish) but in the Parish of St. Mary's. It was conceded by the to state the County and Barony or the Town or County of a City and Parish, or the Town and Parish in which the premises to which the Affidavit relates are situate and where more than one County, Barony, Parish or Street is involved this shall be stated. In his judgment, Kenny, J. referred to In the Estate of the Ulster Banking Co., (1869) 3 Ir. Eq. 264, in which it was held that where an Affidavit correctly describes the County and Barony in which the lands were situate it was valid although the property was situate in a Town or County of a City but indicated that in his view this decision is incorrect. The object of the provisions is to enable the Index of lands to be properly maintained and accordingly if a Parish does not exist is referred to the Mortgage cannot be correctly registered and the Affidavit is defec tive. Accordingly the three Affidavits in this mat ter did not create effective Judgment Mortgages. It is important to remember that the Roman Catholic Parishes are not those referred to in Section 6. [In the matter of George A. Flannery, A Bank rupt. The High Court]. Creditors that New Ross is a town. The Act requires the Affidavit

THE REGISTRY Register A

Wanted—Assistant Solicitor for Cork City firm. Good salary and conditions for suitable applicant Reply to Box No. A267.