746 / 822
Vol. 42
No.
1
May,
1948
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
'President:
6 HUADHAIGH
Pi'ct-Presidents :
JAMES R. QUIRKE,
JOHN J. SMYTH.
Secretary :
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETING OF THE COUNCIL
APRIL 2ZND.
The President in the chair :
Also
present: Mr. James R. Quirke, Vice-President;
Messrs. Daniel O'Connell, G. Acheson Overend,
Arthur Cox, Louis E. O'Dea, Niall Gaffney, Joseph
P. Tyrrell, Dermot P. Shaw, John J. Bolger, J.
Travers Wolfe, Patrick F. O'Reilly, John J. Dunne,
William L. Duggan, Peter O'Connor, Reginald J.
Nolan Patrick R. Boyd, John P. Carrigan, Henry
St. J. Blake, Henry P. Mayne, William J. Norman,
Roger Greene, Joseph Barrett.
The following was among the business trans
acted :—
Legal Education
On a report from the Legal Education Committee
it was resolved that a third course of lectures for
apprentices should be established on the subject of
Conveyancing, the general practice of a solicitor's
office (including the practice in the Courts) and the
rights, duties and responsibilities of a solicitor.
The matter was referred to the Court of Examiners
to draft new regulations to be submitted to the
Council in order to give effect to the resolution.
Costs of Release of Mortgage
The following matter was considered on a report
from a Committee of the Council:—
Summary of Facts :
On 24th March, 1947,
Mr. A. agreed to sell to Mr. B. his interest in
certain premises in Armagh held subject to a
fee farm rent of £2 135. pd., and subject to a
yearly tenancy of the purchaser in the premises
but otherwise free from incumbrances. On a
search against the vendor a mortgage dated
yth October, 1912, from the vendor to
the
Bank of Ireland appeared affecting the premises
sold. The vendor's solicitors obtained a letter
from the Agent, Bank of Ireland, Mallow,
stating that the Bank is no longer interested as
the debt was discharged on the 6th April, 1921.
•
The purchaser's solicitors require the vendor
to have this mortgage released at his own
expense. The vendor's solicitors contend that
the legal estate has re-vested in the vendor by
operation of law and as the purchaser requires
a reconveyance it should
bz
at his own expense.
Both parties agreed to submit for the decision
of the Council the question whether the vendor
or the purchaser should pay the costs of the
reconveyance of the mortgage.