The Gazette 1958-61

Notice of intention to prosecute not given—whether must be raised as preliminary point. (Road Traffic Act, 1930 s. 21.) \Thougb it is convenient for the lack of any notice of intention to prosecute under s. zi of the Road Traffic Act., 1930, to be raised as a preliminary point at the trial, it can be raised in the cross-examination of the appropriate prosecution witness. At the trial of the appellant on a charge of driving without due care and attention the justices refused to allow cross-examination of a prosecution witness or evidence by defence witnesses on the question whether a notice of intended prosecution had been served, on the ground that the question should have been raised as a preliminary point. Held, that the conviction should be quashed ; R. v. Edmonton Justices, ex p. Brooks (1960) 2 All E.R. 475, D.C. ~Libel and Slander—libel—defence—fair report ofjudicial proceedings. In Webb v. Times Publishing Co. (June 2, 1960) Pearson J. held, that a defence to a libel action that the words complained of were part of a fair and accurate report of judicial proceedings, which related to the trial of a British subject and the administration of justice in England, and which were heard before a criminal court of competent jurisdiction at Zurich in Switzerland, and which report was published contemporaneously, disclosed a good defence in law. (D.C.) See also The Times, June 3, 1960. Defamation—justification. In Keyes v. Daniels (June i, 1960) the plaintiff brought a libel action on a circular letter written by the defendant to the shareholders of a company of which the plaintiff was chairman. The defendant, who appeared in person, pleaded justification. Cassels J. directed the jury that, if the words complained of were true, the plaintiff was a man who had abused and was not fit to occupy his position and that if they were false, the attack on him could only be met by handsome damages. The jury returned a verdict for the plaintiff for £6,500. (D.C.) See also The Times, June 2, 1960. MISSING DEED Information is sought in reference to a Deed of Settlement executed on the 28th day of December, 1848 between the following parties : George Culloden Frend of Rosetts in the County of Cork Esquire of the First Part— William Causabon Frend of the City of Limerick Esquire of the second part— George Harvey of Thornvale in the Kings County Esquire and Harriett Georgina Charlotte

Garvey Spinster of the Third Part, Edward Parker of Kilcolman in the County of Tipperary and John Michael Croker of Quarter Town in the County of Cork Esquire of the Fourth Part— The said Indenture was registered on the ist day of February, 1849 in the Registry of Deeds. Any practitioner having information regarding the whereabouts of the original of this Deed, or who may be in possession of a copy or copies of same is requested to furnish such information as may be in his possession to Fergus B. O'Meara, Solicitor, Thurles, Co. Tipperary. REGISTRATION OF TITLE ACTS, 1891 AND 1942 ISSUE OF DUPLICATE LAND CERTIFICATES Applications have been received from the regis tered owners mentioned in the Schedule annexed hereto, for the issue of Certificates of Title in substitution for the original Certificates issued in respect of the lands specified in the said Schedule, which original Certificates, it is alleged, have been lost or inadvertently destroyed. A duplicate Certificate will be issued in each case, except a case in respect of which notification is received in this Registry within 28 days from the publication of this notice, that the Certificate of Title is still in existence, and in the custody of some person other than the registered owner. Any such notification should state the grounds on which such Certificate is being held. Dated the i8th day of August, 1960. D. L. McALLISTER, Registrar of Titles. SCHEDULE. 1. Registered Owner, Bernard McEntee. Folio number 7095. County Cavan. Lands of Drumachoon in the Barony of Tullygarvey containing 2ja ir. 3 2P. 2. Registered Owner James Hayes. Folio number 1658. County Waterford. Lands of Coolnacappogue in the Barony of Middlethird containing 74a. 2r. 25p. 3. Registered Owner James Mahony. Folio number 7149 (Revised). County Cork. Lands of Berrings in the Barony of Musketry East containing looa. or. 32p. Central Office, Land Registry, Chancery Street, DUBLIN.

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