The Gazette 1967/71

J., that the summons was bad in the following- respects : (1) It did not state that the offence was a statu tory offence referring to the section (Section 115) or by the addition of the formula "contrary to the form of the statute in such case made and pro vided". (2) It did not state that the particulars were false to the knowledge of the defendant or mis leading in a material respect. (3) There was a failure to allege that the defendant was required by the Act or by regula tions thereunder to furnish the particulars. (4) The District Court Clerk did not in accor dance with his duty furnish certified copies of entries in the Justice's Minute Book to the defen dant. (5) The validity of the conviction is to be decided only by reference to entries in the Justice's Minute Book. State (Carthew) v District Justice Carr, Sup The defendant was charged under Section 53 of the Road Traffic Act, 1961. At the outset of the case in the District Court the solicitor submitted that the notice of intention served was defective. The District Justice held that it was and dismissed the matter. The complainant required the Justice to state a case to the High Court and it was held by Mr. Justice Murnaghan that the notice was defective. The complainant appealed to the Sup reme Court. The notice was addressed to Timothy Guerin reme Court, 22nd November '968. Road traffic: notice not defective Information concerning Title Deeds of the property now the Harrison Hall, Roscommon is sought for Historical purposes to verify its uses on the following approxi mate dates: to 1903—Roman Catholic Church for the Parish of Roscommon 1912 to date—Harrison (Memorial) Hall. Please communicate with John R. Sweeney, Solicitor, Roscommon. REGISTRATION OF TITLE ACT, 1964 Issue of New Land Certificate Applications have been received from the registered owners mentioned in the Schedule annexed hereto, for Prior to 1750—lands of the Earl of Essex. 1750 to 1822—Grand Jury Courthouse. 1836 THE REGISTRY Register C

and not to James Guerin. Before its service Tim othy was struck out and James substituted at the heading of the notice but in the second paragraph thereof no correction was made. Section 53 re quires that the notice should give : (1) The time and place of the alleged offence. (2) A brief statement of the act or acts alleged to constitute the offence. (3) A statement of the intention to prosecute. In the opinion of the Court the notice notwith standing the defect in the body thereof where the wrong name was mentioned, did give all the neces sary information and consequently complied with the Section. Accordingly, the District Justice was not correct in dismissing the summons and the case should be remitted to the District Justice. Superintendent McDonnell v Guerin, Supreme Court, 4th January 1968. LAND REGISTRY—SQUATTER'S TITLE The following note has been received from the Registrar of the Land Registry : "Where a person claims to be entitled to be registered as full owner of registered land by reason of the possession of the land by him or a predecessor in title for upwards of twelve years subsequently to the death of a registered owner, then notwithstanding the fact that there is an unproved will of the registered owner purporting to devise the land to the applicant or a prede cessor in title the Registrar, provided that legacies or rights (if any) charged on the land are shown to have been discharged, spent, or statute barred, may register the applicant as full owner." the issue of Certificates of Title in substitution for the original Certificates issued in respect of the lauds speci fied 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 18th day of March 1969. D. L. McALLISTER Registrar of Titles, Central Office, Land Registry, Chancery Street, Dublin. SCHEDULE 1. Registered owner, Peter Brennan. Folio number 12755. County Monaghan. Lands of Annaglogh in the Barony of Cremorne, containing lla. 2r. 6p. 25