The Gazette 1927-30

AUGUST, 1929]

The Gazette of the Incorporated Law Society of Ireland.

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Mr. Michael Killeen, Solicitor, has been appointed County Registrar for County Clare. __ Mr. Alfred V. G. Thornton, Solicitor, has been appointed State Solicitor for the County of Mayo in room of Mr. John Kelly, appointed County Registrar. CIRCUIT COURT RULES. Circuit Court Rules, based upon the County Court Rules hitherto in operation adapted to meet the requirements of the Circuit Court jurisdiction, are in course of preparation for submission to the Oireachtas for approval. LEGAL DECISION. Probate Practice. HIGH COURT OF JUSTICE (ENGLAND). GUINEE, M. F., Deceased. (Before the Right Hon. the President.) Counsel applied to his Lordship by motion asking that an original will, now filed in the Principal Probate Registry, might be pro duced at the pending trial of a probate action in Dublin. The President.—But only a few months ago a similar application was refused on the ground of lack of jurisdiction. Counsel said that his Lordship was referring to his own decision in In re William Greer, deceased (45 The Times L.R., 362), which was almost an identical application in another pending probate action in Dublin. The President.—I endeavoured to make it quite plain to everybody that the Probate Court has no authority to let documents of this character which are in its custody go out of the jurisdiction. In view of that decision, publicly made, I cannot see what useful purpose can be served by this motion, which involves costs. Counsel explained that it was known to those instructing him that the application

must fail, but it had to be made because the Irish Free State Court required a formal refusal by the Probate Court to let the original will go out of the jurisdiction before it would allow secondary evidence of the document. The President refused the application on the ground that the Court had no jurisdiction to grant it, and said that it would be for the Irish Free State Court to deal with the question of the costs of this motion. (The Times, 25th July, 1929.) NOTE.—The decision in In re William Greer above referred to appeared in the GAZETTE of April, 1929. PROFESSORSHIP OF COMMON LAW. The Council have appointed Mr. Joseph B. Burke, M.A., LL.B., T.C.D., Barrister-at-Law, to be Professor of Common Law to the Society. Mr. Burke has held the office of Professor of the Law of Contracts, Torts and Personal Property to the Benchers of King's Inns. EXAMINATION RESULTS. At the Intermediate Examination held on the 21st June the following passed the examination :— Passed with Merit. 1. Walter A. Smithwick. 2. Gerald Baily. 3. John F. Connolly. 4. Timothy Linehan. Denis F. O'Shea. 6. Edward J. O'Brien. 7. James H. G. Gorman. 8. Patrick J. Dunphy. 9. John Corrigan. Michael J. O'Brien 11. Conlaedh Buckley. 12. Thomas A. O'Reilly. 13. John I. Horgan. William J. Ryan. > equal > equal > equal

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Patrick J. Flynn.