70 / 244
\
The fact that the builder had received £250, in excess
o f the authorised price, which was not mentioned
in the deed, was unknown to two of the partners
at any stage of the proceedings, and to the remaining
partner until the transaction had almost been
completed. The justices dismissed an information
against all three of the partners, but the com
plainant appealed by way o f case stated. It appeared
that in regard to the third partner he was as ignorant
as his colleagues down to April 6th or 7th, that the
builder had been insistent on obtaining £250 in
excess of the permitted price. On April 6th, the
purchaser’s solicitors wrote to the third partner
stating that they had delayed the completion as they
felt obliged to report to the authorities what they
considered to be a breach by his client of Section 7
of the Building Materials and Housing Act, 1945.
On receipt of this letter, the third partner com
municated with his client who told him that he had
received the £250, but that the sum had been placed
in a deposit account, and was to be spent for pay
ment o f work proposed to be executed in the future
on the house on behalf o f the purchaser. He accepted
this explanation, and called upon the purchaser to
complete the sale. The Court o f Appeal decided
that as regards the first two partners the justices
had properly refused to convict, but that in regard
to the third partner, the explanation which he had
received from his client was not one which any
reasonable solicitor would accept; that he was
guilty o f aiding and abetting the client in com
mitting a breach o f the Act, and that the case must
be sent back to the justices with an intimation that
an offence had been Committed.
REGISTRATION OF TITLE ACTS, 18 9 1 AND 1942
NOTICE
NOTICE
Folio 1608
C
ounty
C
lare
Folio 1801
C
ounty
R
oscommon
Registered Owner :
M
argaret
O’L
oughlin
An Application has been made by the Registered
Owner to the Registrar o f Titles for the issue of a
Certificate of Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been lost or inadvertently destroyed. The Regis
trar o f Titles will issue a duplicate Certificate unless
he is notified within 28 days from the date o f this
Notice that the said Certificate of Title is still in
existence and in the custody of some person other
than the abovenamed Registered Owner. Any such
notification should state the grounds on which the
Certificate in question is being held.
Dated this 25th day of April, 1950.
J
oseph
O’B
yrne
,
Registrar of Titles,
Land Registry,
Central Office,
Chancery Street,
Dublin.
S
chedule
above
referred
to
Land Certificate o f Margaret O’Loughlin to
92a. or 34p. of the Lands of Carrownagoul to c ne
undivided third part of other part of the lands of
Carrownagoul containing oa. ir. i
7
p- atld to one
undivided third part of other parts of the lands of
Carrownagoul containing oa. ir. 23P. all situate in
the Barony of Inchiquin and County of Clare being
the lands comprised in said Folio.
Registered Owner :
J
ames
B
irmingham
An application has been made by the Registered
Owner to the Registrar of Titles for the issue o f a
Certificate of Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been lost or inadvertently destroyed.
The
Registrar of Titles will issue a duplicate Certificate
unless he is notified within 28 days from the date
of this Notice that the said Certificate o f Title is
still in existence and in the custody of some person
other than the above-named Registered Owner.
Any such notification should state the grounds on
which the Certificate in question is being held.
Dated this 25th day o f April, 1950.
J
oseph
O’B
yrne
,
Registrar of Titles.
Land Registry,
Central Office,
Chancery Street,
Dublin.
S
chedule
above
referred
to
Land Certificate of James Birmingham to
3a. 31". 3p. o f the lands o f Pollanalty East situate in
the Barony of Castlereagh and County o f Ros
common, being the lands comprised in said Folio.
64