Vol. 43
No. 5
THE GAZETTE
INCORPORATED LAW SOC IETY OF IRELAND
President
Vice-Presidents
Secretary
P
atrick
R.
B
oyd
J
oseph
T
yrrell
E
ric
A.
P
lunkett
.
J
oseph
B
arrett
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL.
O
ctober
6
th
.
The President in the Chair. Also
present: Messrs. J. P. Tyrrell and Joseph Barrett,
Vice-Presidents ; Messrs. W. S. Hayes, H. P. Mayne,
D. M. Martin, T. A. O’Reilly, D. P. Shaw,
G. O’Donnell, W. J. Norman, j . Travers Wolfe,
H. St. J. Blake, J. P. Carrigan, D. O’Connell,
W. S. Huggard, D. R. Counahan, S. O hUadhaigh,
F. J. Gearty, A. J. Malone, N. S. Gaffney, J. S.
O’Connor, T. T. Bolger, A. Cox, I. R. Quirke,
L. E. O’Dea, W. L. Duggan.
The following was among the business transacted :
High Court on circuit.
I
ssue
of subpoenas : The Council considered, on a
report from a Committee, the procedure adopted
on the issue of subpoenas for circuit appeals heard
outside Dublin. The Committee reported that in
some areas the subpoenas are issued from the
County Registrar’s office, but that in others, it is
necessary to send the papers to Dublin where the
subpoena is issued and sent to the country for
service,
by
the applicant’s solicitors. This caused
considerable delay in some cases, and it was recom
mended that the Council should request the Superior
Court Rules’ Committee to make a new rule to
remove any doubts as to the authority of the County
Registrars to issue these subpoenas from the local
offices. The report of the committee was adopted.
Lessor’s costs o f furnishing title.
T
he
Council considered a report from a committee
on a statement of facts submitted by two members
asking for the opinion of the Council.
A, a lessor, demised property in the County o f
Dublin to B in consideration of a fine of £
i
,
ioo
, and
a yearly rent o f £130. The lessor was not obliged
by the contract to furnish title, and there was
no provision as to the incidence o f the costs of the
lease. The lessee’s solicitor requested the lessor’s
solicitor to furnish evidence o f A ’s title to make the
lease, and an abstract of title with copy documents
of title was furnished. There was no reference
in the correspondence to the costs o f showing title.
Before completion, the lessor’s solicitor furnished a
2
J