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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