The Gazette 1949-1952

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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.

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.

REGISTRATION OF TITLE ACTS, 18 9 1 AND 1942 NOTICE NOTICE

Folio 1608

Folio 1801

C ounty C lare

C ounty R oscommon

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.

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.

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