The Gazette 1917-18

APRIL, 1918]

The Gazette of the Incorporated Law Society of Ireland.

77

MR. JOSHUA E. PEEL, Solicitor, died upon the 23rd March, 1918, at Armagh. Mr. Peel served his apprenticeship with the late Mr. John Stanley, Armagh, was admitted in Michaelmas Term, 1872, and practised (in partnership with his son, Mr, John A. Peel, under the style of Messrs. Joshua E. Peel and Son) at Armagh. Commissioner to Administer Oaths. THE Lord Chancellor has appointed the following to be a Commissioner to administer Oaths :— Daniel McAnaw, Acting Clerk of Petty Sessions, Strabane. Mortgaging of Holdings Purchased under Land Purchase (Ireland) Acts. THE following correspondence has taken place in reference to the above subject :— The Incorporated Law Society of Ireland, Solicitors' Buildings, Four Courts, Dublin, 5th February, 1918. DEAR SIR, I am directed by the Council of this Society • to send you enclosed copy of a letter received by me from Mr. Samuel A. Wray, Solicitor, of Coleraine. The Council regard the matter dealt with in Mr. Wray's letter as one of considerable importance to Solicitors throughout the country, and while they see difficulty in asking the Land Commission to give informa tion as to sanctioning a charge on a registered holding, to a party who may or may not become a purchaser of that holding, they hope that some method may be adopted to get over the difficulty pointed out by Mr. Wray. The Council would respectfully suggest to the Land Commission the adoption of a

practice that where an original contract for the sale of a registered holding, signed by the vendor and purchaser, is lodged with the Land Commission, and where such contract provides that the sale was made subject to the Land Commission allowing the Purchaser to mortgage the holding for a sum of £ , the Land Commission would then (i.e., before the sale is completed) give their decision as to whether the mortgage for the sum specified will or will not be sanctioned. The Council desire to add that the value of holdings is enhanced by freedom of sale, and freedom of sale is facilitated by the rapid decision as to sanctioning of charges. The Council hope that the Land Commis sion will give this matter their early consideration. I remain, dear Sir, Faithfully yours, (Signed), WM. GEO. WAKELY, Secretary. The Secretary, Irish Land Commission, 24 Upper Merrion Street, Dublin. SIR, I am directed by the Irish Land Commis sioners to acknowledge the receipt of your letter dated the 5th instant, enclosing copy of a letter addressed to your Council by Mr. Samuel Wray, Solicitor, of Coleraine, on the subject of Section 54 (3) of the Irish Land Act, 1903, relative to the mortgaging of purchased holdings for sums in excess of ten times the Land Purchase Annuity, and to inform you that while the Commissioners, having regard to the object and purpose of the legislature as expressed in the sub-section referred to, deprecate most strongly the purchase of holdings subject to land purchase annuities by means of borrowed money, thereby often burdening the borrower to such an extent that he is unable to farm the The Irish Land Commission, 24 Upper Merrion Street, Dublin, 26th February, 1918.