The Gazette 1927-30

The Gazette of the Incorporated Law Society of Ireland.

[APRIL, 1929

42

power to do what was asked under guarantees for return of the document in due course, he (his Lordship) would desire to meet the reasonable wish of the Judge and the applicant. The question was whether a document such as the present which was under the statu tory control of the Court could be lawfully sent out of the jurisdiction. The statute indicated the contrary very directly. There could not be control if the document were sent out of the jurisdiction, and the right to inspect would be lost while the document was out of the control of the Court. If in a case presented in this jurisdiction the document were proved to be unavailable for production, secondary evidence would be allowed, and, therefore, this matter did not appear to raise any real difficulty. ("The Times " of 20th March, 1929.) THE SOCIETY'S CALENDAR, 1929. The Calendar and Law Directory of the Society for 1929 can be obtained at the Society's Office, 45 Kildare Street, Dublin, Price five shillings ; by post, five shillings and sixpence. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, 45 Kildare Street, Dublin, C.I7.

payment of such fees and subject to such regulations as may from time to time be prescribed by the President of the Probate Division." Counsel submitted that the control con templated by Section 11 of the Act of 1928 would not be lost, especially as the Judge of the Irish Court had given his assurance that the will would not leave the custody of any official who should take it to Ireland. There was no distinction between wills deposited in the Probate Registry here before probate and after probate. Wills deposited but not admitted to probate had been sent abroad in connection with proceedings in this country. They had been sent to foreign countries in the custody of solicitors. In this case it was only sought temporarily to send the original will to a British Dominion. JUDGMENT. The President (Lord Merrivale), in refusing the application, said that the matter indicated a possible difficulty with regard to a conflict in the Irish Free State over the establishment of the will of a person domiciled in Ireland, that will being in dispute. It had been admitted to probate in this country and was now deposited in the Principal Probate Registry according to statute. The Court would wish to do everything in its power to facilitate the due administration of justice in the Irish Free State, and if there were such a