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NOVEMBER, 1926]
The Gazette of the Incorporated Law Society of Ireland.
MR. WELLINGTON YOUNG, Solicitor, died
upon the 16th September, 1926, at Port-
stewart.
Mr. Young served his apprenticeship with
his father at Belfast ; was admitted in Trinity
Term, 1865, and practised at Belfast and
Lisburn up to 1925, when he retired.
MR. JOHN M. BEAUMONT, Solicitor, died
upon
the 17th September, 1926, at his
residence, Laureldine, Ballymena.
Mr. Beaumont served his apprenticeship
with Mr. Robert Boal and the late Mr. John
K. Currie, Ballymena; was admitted in
Trinity Sittings, 1901, and practised at
Ballymena.
__
MR. JAMES H. McLouoHLix, Solicitor, died
upon
the 18th September, 1926, at his
residence, 42 Pembroke Road, Dublin.
Mr. McLoughlin served his apprenticeship
with Mr.
J. A. Denning, Dublin :
was
admitted
in Trinity Sittings, 1906,
and
practised at 18 and 19 College Green, Dublin.
MR.
JAMES
O'GRADY,
Solicitor,
died
recently at New York, U.S.A.
Mr. O'Grady served his apprenticeship with
Mr. Gerald Tench, Dublin, and practised at
Newbridge up to 1904, when he went abroad.
MR. VI'ILLIAM J. DUNLEA, Solicitor, died
upon the 1st October, 1926, at his residence,
5 Greenville Place, Cork.
Mr. Dunlea was admitted
in Trinity
Sittings, 1888, and practised at 59 South
Mall, Cork.
MR. EDWARD A. SHAW, Solicitor, died
upon the 24th October, 1926, at his residence,
28 Earl Street, Mullingar.
Mr. Shaw served his apprenticeship with
the late Mr. William Mooney, Dublin ;
was
admitted
in Hilary Sittings,
1898,
and
practised at Mullingar.
New Members.
The following have joined the Society :
MacGrath, Morris H., 15 Kildare Street,
Dublin.
Ryan, John, 1 Dame Street, Dublin.
Land Registry Registration of Burdens
under Deeds.
REGISTRATION ACT, 1891, SECTION 45.
Concurrence of Registered Owner of Lands.
The attention of Solicitors is called to the
provisions of Section 45 of the Registration
of Title Act, 1891, requiring the concurrence
of
the registered owner of lands to the
registration of a burden affecting such lands.
Order 4, Rule 21, made under the said Act
prescribes that the said concurrence may be
expressed in the instrument of charge or may
be presumed if after service of a notice in
Form 18 no objection be received within the
time limited (one week) by the notice.
The ordinary forms of money charges
presented for registration as a rule contain
words showing that the registered owner of
the lands concurs in or assents to the registra–
tion of the burden, and in these cases notice
is not necessary.
To avoid the necessity of the service of the
notice prescribed and the delay in completion
of registration so arising, it is recommended
that leases and other deeds by a registered
owner creating burdens should contain the
words : " and I, the registered owner of the
lands, hereby assent to the registration as a
burden on said folio of ihe lease, charge, etc.,
hereby created or made," or similar words.
If a transfer of land by a registered owner
also creates charges, rights or privileges in
favour of the transferor or other persons, the
deed should contain the words :
" and I
(the transferee) hereby assent to the registra–
tion of the said charge in favour of A. B., or
of the above-mentioned rights and privileges
in favour of C. D., as a burden on the land."
It should be noted that a covenant by a
transferee to pay money or to support or
maintain a person does not create a burden
on the lands transferred.
It creates personal
rights only.
If it is the intention of the
parties that support or maintenance or a
right of residence should be a burden on the
lands,
the person
to whom
the land
is
transferred should assent expressly to their
registration as burdens on it, and, where this
assent is given in the deed, he should execute
the deed.