The Gazette 1961 - 64

Register C IN the Goods of Michael O'Gorman, deceased. Will any person having information as to a Will of Michael O'Gorman late of Ballycosgey, Ballyhea, Charleville, County Cork and formerly of Rosefield Terrace, Cork City and late employee of Messrs. Atkins & Co., Ltd., Cork, please communicate with Roger Fox & Co., Solicitors, Kilmallock, County Limerick. REGISTRATION OF TITLE ACTS, 1891 AND 1942 Notice Folio 8540. County WEXFORD. REGISTERED OWNERS : Robert Westley Hall-Dare, Charles Grafton Hall-Dare, John Valentine Adair, Arthur James Beatty. The Surviving Registered owners have applied for a New Certificate of Title specified in the Schedule hereto and original of which is stated to have been lost or inadvertently destroyed. A New Certificate will be issued unless notification is received in this Registry within 28 days from the date of this Notice that the Original Certificate is in the custody of a person not the Registered Owner. Such notification should state the grounds SCHEDULE. Land Certificate of Robert Westley Hall-Dare, Charles Grafton Hall-Dare, John Valentine Adair and Arthur James Beatty to oa. 2r. i3p., 6a. ir. 2yp. and la. 2r. i4p. of the Lands of Clohamon, Castle- quarter and Knockanure respectively all situate in the Barony of Scarawalsh and County of Wexford being the Lands comprised in said Folio. OBITUARY MR. NICHOLAS J. COSGRAVE, Solicitor, died on 23rd April, 1964, at the Meath Hospital, Dublin. Mr. Cosgrave served his apprenticeship with the late Mr. Francis P. Long, i Lower Ormond Quay, Dublin, was admitted in Trinity Sittings, 1940, and practised under the style of Nicholas J. Cosgrave & Co. at 39 Nassau Street, Dublin. on which the Certificate is retained. Dated this loth day of May, 1964. D. L. McAmsTER, Registrar of Titles.

was proved by affidavit and the warrant was indorsed for execution in the London Metropolitan Police District by the deputy commissioner of the Garda Siochana. A metropolitan police magistrate backed the warrant without receiving any evidence other than the affidavit proving the signature, and without reference to the applicant, who was granted, by Streatfield, J., a writ of habeas corpus ad subjiciendum, On the return it was contended by the metropolitan police commissioner that neither the magistrate nor the court had jurisdiction to inquire into the facts, and that the magistrate was bound to back a warrant issued by a justice of the peace of £ire whose signature was proved. Paull, J., said that the Indictable Offences Act 1848 Section 12 did not impose an imperative duty upon a magistrate to indorse any warrant once the signature was proved ; it was merely a right to indorse. Furthermore he stated that the warrant was presumably issued under the Petty Sessions (Ireland) Act, 1851, of which section 27 sub-section 3 provided that "it shall be lawful" for the Inspector General or deputy Inspector General to indorse a warrant issued in Ireland, and "it shall thereupon be lawful" for an English magistrate to indorse it on proof of the handwriting of the Irish signature ; that procedure was not complied with here because no subsequent provision substituted the deputy commissioner of the Garda Siochana for the inspector general or deputy inspector general. Held the indorsement was not valid since the magistrate had not exercised his discretion to assure himself that prima fade the technicalities had been observed, that there was a prima facie case of an offence having been committed in £ire, and that there had been shown to be, prima facie, an element of escape. This case brings the problem of backing warrants into relief in as much as Irish Courts heretofore have been well disposed to backing warrants issued in England but it would seem that in certain cir cumstances reciprocity does not exist. THE REGISTRY Register A ENERGETIC assistant with experience in Probate, Conveyancing and Land Registry work needed for country practice. Interesting and varied work. Recently qualified man might suit. Full particulars to Box A.2I2. ASSISTANT SOLICITOR required for Cork City firm. Please furnish references and full particulars including age, experience, type of work handled, etc. Salary according to experience. Box A.2i}.

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