The Gazette 1927-30

41

MARCH, 1930]

The Gazette ol the Incorporated Law Society of Ireland.

the Revenue Stamp

of all the relatives of the class entitled: account for them, if any are dead, or have been paid, or have released their claims; and state the facts which show that there are no nearer relatives,. For instance : if the claimants are children, state the death of the intestate's wife ; give the names of all the children; state that they were the only children; if a child pre-deceased the intestate, state whether he or she was married, and, if married, the children of the marriage ; if a child died after the intestate, state whether he or she died testate, or intestate, and if testate, refer to the will. If the claimants are brothers and sisters, state whether the intestate was married or a bachelor, and, if married, that he had no children and that his wife pre-deceased him ; state the death of his parents ; give the names of all the brothers and sisters, including those of the half-blood (if any) ; state that they were the only brothers and sisters ; if a brother or sister pre-deceased the intestate, state whether he or she was married, and, if married, the children of the marriage ; if a brother or sister died after the intestate, state whether he or she died testate or intestate, and if testate, refer to the will. If all the facts necessary to show the persons who became beneficially entitled to the assets on the death of the intestate are stated by the administrator, no other evidence is necessary, except in the case specified in Order IV., Rule 4 (5), (6). The administrator is personally responsible for the truth of the facts he states. THE SOCIETY'S CALENDAR. The Calendar and Law Directory of the Society for 1930 can be obtained at the Society's Office, 45 Kildare Street, Dublin, price five shillings ; by post, five shillings and sixpence. EASTER AND TRINITY SITTINGS LECTURES. Senior Lectures will begin on Tuesday, 29th April. Junior Lectures will begin on Wednesday, 30th April. ____^=^^_==^ ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of t^e Society, 45 Kildare Street, Dublin, C.17.

is chargeable with

Duty the Stamp Act, 1891, for a copy or extract (attested or in any manner authenticated) of or from any Public Register, and the Attorney-General having stated that in his opinion certified copies of folios of the Registers are chargeable with this Duty, the Registrar has directed that on and from 1st March no certified copy of, or extract from, a folio of the Registers is to be issued unless the Revenue Duty of one shilling is paid thereon. It will be necessary for Solicitors to forward with their bespeaks, in addition to the ordinary scrivenery fees payable, a postal order for one shilling to cover this duty stamp. MEMORANDUM issued from the Land Registry, Central Office, Dublin, on the proof necessary to show the persons beneficially entitled to the assets of an intestate owner. The attention of Solicitors is drawn to the fact that the statements made by admin istrators in affidavits, assents and other documents, in proof that persons named are the persons beneficially entitled to the assets of an intestate, are nearly always defective. It arises from the failure to distinguish between statements of law and statements of fact. The statement commonly made is that A died intestate, leaving B. C, and D, his children and " only next-of-kin him surviving." This statement is always wrong. It is a statement that B, C, and D are the only next-of-kin, which is a statement of law and proves nothing ; it does not prove the essential fact that B, C, and D, were the only children. What should be stated is that "A died intestate and a widower, and his only children are B, C, and D." This is a statement of fact which shows that B, C, and D are the persons entitled under the Statute of Distributions. Solicitors will prevent delay in registration and save them selves expense and annoyance if they will omit from every assent, deed, or other document, by an administrator, all state ments or recitals to the effect that the persons named in it are " the next-of-kin," or " the only next-of-kin," or " the only next-of-kin surviving " of the intestate, and draw the document so that the statements in it will be statements of fact only. Give the names prescribed in Part II. of