The Gazette 1955-58

the merits, to a trustee under an express trust. The position of an executor and a trustee, although now, for many purposes, they have been assimilated under the Law of Property Act, 1925, is still not an identical one and there is a distinction between a will, which is a public document in the sense that anybody can go to Somerset House and see it, and a trust deed, which is a private document to which the eestui que trust has no access. In the absence of any authority to the contrary I decline to extend this doctrine to trustees under an express trust. I hold, therefore, that there was a duty on the defendant trustees of the settlement, to inform the plaintiff on attaining twenty-one that he had an interest in the capital and income of the trust funds of the settlement. A fortiori, if the trustees did not hand over income to the plaintiff on attaining twenty- one to which he was entitled, it would be their duty to explain to him that he was entitled to call for and have the interest paid to him. (Hawksley v. Afcy(i955) 3 AJ/E.R. 353.) Note :—Among the duties of trustees of a settle ment are those of obeying lawful directions in the settlement and of paying trust moneys, whether income or capital, to the persons entitled thereto (see e.g., Underbill on Trusts (loth Edn.},pp. 251, 340). The performance of these duties will normally have the consequence that the beneficiary learns of the existence of beneficial interests in his favour, and his remedy for failure to carry out the duties lies in equity. The present case is exceptional in that the points in relation to trustees' duties arose in an action at law for damages for conspiracy.

SCHEDULE. Land Certificate of Bernard Breheny to 8a. ir. 3ip. of the lands of Moytirra East situate in the Barony of Tirerrill and County of Sligo being the lands comprised in said Folio. THE REGISTRY REGISTER B. PRACTICE or Partnership required by young solicitor. Substantial capital available. Box No. B. 204. INDEX TO VOLUME 49. Acting for several parties Admissions Agency with English solicitor .. Agreement to charge less than full fees Appearance of Counsel at non-judicial Tribunals .. Application to take apprentice Auctioneers and Solicitors ..' ;•';'.'.; Attorney-General v.. Parsons . . Ballot for the Council .. Bar Associations, revival of Beneficiary's right to information Book-keeping lectures Building Societies, etc., solicitors to .. Burnell v. British Transport Commission Bye-laws, amendments to .. 68 30 89 64 2 80 89 93 51 79 94 32 50

Carlos, W. J.

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24 89 51 60 79 57 44 28 So 2 24 3 3 70

Civil Service Appointments Change of solicitor, provision for costs Commissioner for Oaths—Interest Commission paid to solicitor's clerk Committees of the Council .. Compensation Fund Committee .. Compensation Fund Regulations, 1955 Completion of Sale of Registered Land Compulsory Acquisition-Scale fee Commonwealth Law Conference Consultations in smoking room Contentious and non-contentious business, costs Convicted defendant who wins appeal may get costs

.-57 ..41

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REGISTRATION OF TITLE ACTS, 1891 AND 1942

14, 33 .. 70

Coonan, R. F. Correspondence re Costs ..

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NOTICE.

Costs, appeal against conviction successful Costs—Contentious Business—Lump Sum Bill Costs of solicitors to building societies .. 50 Costs—Discretion of Court to order successful dependant to pay plaintiff's costs .. .. .. .. 25 Costs of arbitrations under Insurance Act, 1936 .. 42 Costs—Long lease not at rack rent .. .. 80 Costs, lump sum .. .. .. .. .. 14, 33 Costs under Labourers' Acts .. .. .. .. 42 Costs of Acquisitions by the State and local authorities 11, 18, 43, 81 Counsel—appearance at non-judicial tribunals .. .. 2 Counsel's fee—motion for consent .. .. .. 11 County Registrar must give reasons on taxation .. 69 Cross-examination, waiver of privilege by .. 93 Delays in Public Departments .. .. ' 55, 83 Disciplinary Committee, 1955-56. .. ..60 District Court Rules, 1955 .. .. .. 8 District Court Rules (No. 2) 1955 .. 7, 17 Documents produced in evidence .. .. 69 Documents by Local Authorities—Sealing .. .. 22 14, 33 .. ..

Folio 5042 Registered Owner:

County Sligo BERNARD BREHENY

The Registered Owner has applied for a Duplicate of the Certificate of Title specified in the Schedule hereto which is stated to have been lost or in advertently destroyed. The Duplicate will be issued unless notification is received in this Registry within 28 days from the date of this Notice that the said Certificate of Title is in the custody of a person not the Registered Owner. Such notification should state the grounds

on which the Certificate is retained. Dated this 28th day of April, 1956.

JOSEPH O'BYRNE,

Registrar of Titles.