The Gazette 1961 - 64

A NOTICE OF INTENTION TO PROSE- CUTE UNDER THE ROAD TRAFFIC ACT IS VALID IF WRITTEN IN IRISH, EVEN IF THE DEFENDANT DOES NOT UNDERSTAND IRISH A notice of intention under the Road Traffic Act 1933 (now the Act of 1961), to prosecute the defendants for dangerous driving was duly served on them, and the Guard explained to them in English the nature of the notice, which was only in Irish. When the case came for hearing before District Justice McGahon in Westport District Court, the solicitor for the defendants successfully contended that the defendants had not been served with a proper notice, as they could not understand it. On the application of the Attorney-General, the District Justice stated a case for decision by the High Court, and Mr. Justice Davitt, President of the High Court, upheld the view of the District Justice. A further appeal was taken to the Supreme Court, and, on the loth May, 1963, the Supreme Court (O'Daly, C.J., Kingsmill-Moore and Walsh, J. J.) unanimously reversed the decision of the High Court and held:— Per the ChiefJustice:— Such a notice will be valid if written either in English or Irish; it follows that such a notice will not be invalid if the recipient does not understand either Irish or English, or is illiterate; in any such case, he can readily have the meaning of the notice explained to him. Per Kingsmill-Moore J.— What was said by the Guard does not constitute a necessary warning under the Act, for it was not a warning given immediately after the commission of the offence. The District Justice, having correctly held this, considered that the words spoken by the Guard were of no importance in the case. I attach to them the greatest importance. The Guard, when delivering the document, conveyed to the defen dants its nature, meaning and contents; there is no suggestion that this was not sufficient to put the defendants on notice. The meaning of Article 8 (3) of the Constitution is that either English or Irish may be used, unless provision has been made by law that one language only was to be used for some one or more official purposes. (Attorney-General v. Wallace and Coyne). DEATH DUTIES IN IRELAND The General Council of Provincial Solicitors' Associations have published a booklet entitled "A Guide to the Death Duties in Ireland" by M. K. O'Connor, Barrister-at-Law—Price 15/6 per copy. Copies of this booklet may be obtained post free on application to Mr. Cornelius J. Daly, Solicitor, 19 South Mall, Cork. It is hoped to review this booklet shortly.

HANDBOOK AND LAW DIRECTORY The Hand Book Vol. I and Law Directory Vol. II for 1964 will be on sale in January and can be obtained from the Incorporated Law Society of Ireland, Solicitors' Buildings, Four Courts, Dublin. REGISTRATION OF TITLE ACTS, 1891 AND 1942 Issue of New Land Certificate Applications have been received from the regis tered owners mentioned in the Schedule annexed hereto, for the issue of Certificates of Title in sub stitution 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 new 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 3Oth day of December, 1963. SCHEDULE. 1. Registered Owners Patrick O'Callaghan and Julia O'Callaghan. Folio number 21051. County Cork. Lands of Coolmona in the Barony of Muskerry East containing 423. ir. 8p. 2. Registered Owner Patrick Maguire. Folio number 9905. County Cavan. Lands of Corrinshigo in the Barony of Tullygarvey containing 53. 2r. i6p. 3. Registered Owner John Rourke. Folio number 14569. County Clare. Lands of Rine (No. i) in the Barony of Burren containing i8a. or. 5p. 4. Registered Owner Edward Pender. Folio number 6898. County Clare containing 66a. or. zop. and Folio number 6899 County Clare containing 2ia. or. I5p. of the lands of Beneden both situate in the Barony of Islands. Central Office, Land Registry, Chancery Street, DUBLIN. D. L. McAixiSTER, Registrar of Titles