127 / 324
Vol.
50
No. 3
JULY,
1956
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
Prta'&Ht
DERMOT P. SHAW
Via-Pretidents
RALPH J. WALKER
GEORGE G. OVEREND
Stcntarj
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETING OF THE COUNCIL.
JUNE z8tH :
The President in the Chair.
Also
present G. G. Overend, Ralph J. Walker, Henry
St. J. Blake, Desmond Mayne, James R. Quirke,
Francis J. Lanigan, John R. Halpin, Derrick M.
Martin, John J. Nash, Thomas A. O'Reilly, F. J.
Gearty, William J. Norman, J. F. Foley, Peter
E. O'Connell, Niall Gaffhey, John Carrigan, Patrick
R. Boyd, R. McD. Taylor, C. E. Callan, Cornelius
J. Daly, Reginald J. Nolan, John J. Shell, James
J. O'Connor, Desmond J. Collins, Patrick F.
O'Reilly, Francis Gallagher, Terence de Vere
White.
The following was among the business transacted:
Application under Section 38.
AN application by a
solicitor's apprentice
for
permission to accept office as a company director
while
serving under
indentures was granted;
the Council being satisfied that the duties of the
position would not interfere with due service
under indentures.
Registry of Deeds Searches.
MEMBERS
referred
to
the common practice of
vendors of houses forming part of building schemes
of including a condition on the sale of an individual
house that the purchaser will be entitled to a copy,
certified by the vendor, of the negative search
affecting the whole scheme or an extract therefrom.
In some cases the lessor bespeaks a negative search
which is kept open in the Registry of Deeds and the
lessee is given an authority to inspect with an under
taking from the lessor to furnish a certified copy
of the search when finally closed. Members raised
the question of liability for a mistake in the certified
copy and suggested that as the action might be
ex delicto the defence of contributory negligence
might be available in an action by the purchaser
against the vendor. There is also the question of
possible liability of the purchaser's solicitor cor
negligence towards his own client. Members also
raised the question of the liability of the Registry
of Deeds where a purchaser is given a photostat
copy of the original Negative Search. Would the
Registrar of Deeds be liable to a purchaser or lessee
taking a photostat copy if the original search were
erroneous or would he be liable only to the
person who originally bespoke the search ? Members
pointed out that the scale fee makes no provision
for paying the solicitor for a purchaser for comparing
'9