The Gazette 1967/71

added as a defendant to an action by mortgagees against her husband, and directed that the warrant for possession of the former matrimonial home which the mortgagees h?d obtained should be stayed. Hastings and Thanet Building Society v. Goddard, Ch. Div. 14/5/70. An infant can appoint an agent to pay maintenance for the support of his illegitimate child because such a payment is a right and lawful act which he can be compelled to do himself. But payments by his parents within 12 months of the child's birth are not proof that he himself paid money for the child's maintainance unless the mother can show that the parents' payments were made with his authority and on his behalf. Where therefore the mother of an illegitimate child sought to bring a complaint against a putative father, aged 17 at the date of the child's conception, after the expiry of the 12 months' limitation period under section 2 (1) (a) of the Affiliation Proce_edings Act, 1957. and sought to rely on letters from his parents written within 12 months of the birth sending her money and promising to continue to make payments regularly, the letters were held inadmissible to prove that the putative father "has within the 12 months next after the birth paid money for (the child's) maintainance" within section 2 (1) (b), and accordingly her complaint was time-barred. G. v. G., Ct. of Appeal 7/5/70. Insurance Damages of £6,115 were awarded against a man who shot dead his wife's lover, although he was acquitted by a jury at the Central Criminal Court of murder and manslaughter. Judgment was entered with costs for the widow, Mrs. Audrey Gray, of Edenbridge, Kent and her father- in-law, Mr. George Gray, suing as administrators of the estate of James Gray, against Mr. George Barr of Warlingham, Surrey, in respect of his negligence. His Lordship found that Mr. Gray's death had been caused by manslaughter, and held that where a person was guilty of violence or threats of violence and death resulted, it was contrary to public policy for him to be entitled to an indemnity under a policy insuring him in respect of accidents. It was not disputed that Mr. Barr was liable to the plaintiffs in negligence. The question was whether the insurance company was liable to indemnify him. By a "Hearth and Home" policy dated October 12, 1966, made between Mrs. Barr and the insurance company, the company agreed to indemnify her and/or any member of her household, which included her husband, against all sums which should become legally liable to be paid as damages in respect of bodily injury to any person caused by an accident. Accordingly Mr. Barr was not entitled to an indemnity from the insurance company. A stay of execution was granted for 21 days on terms that £3,000 was paid into court. Gray and Another v. Barr, Q.B.D. 8/5/70. AGENCY CONTRACTS BY A SOLICITOR The need for care in the drawing-up of con tracts governing the relations between exporters and their overseas agents should require little

by virtue of the constitutional jurisdiction. Section 24 of the Judicature Act 1877 which deals with the juris diction^ of the Irish Court of Appeal is of mere his torical interest, and has no application nowadays. If, in the opinion of the Supreme Court on the hearing of an appeal the examination of further evidence is deemed to be desirable, then that Court has ample jurisdiction, within its appellate function, to allow the appeal to conducted on that basis. If the alternative to hearing oral evidence is to direct a new trial, then the Supreme Court would be justified in avoiding this costly procedure by taking oral evidence. Per Walsh J.—B. v. B.—Unreported—24 April, 1970. Crime A person who obtains the owner's consent to borrow a motor vehicle by making false representations to the owner about the reason he wants to borrow it and about the destination to which he intends to drive, is not guilty under section 12 (1) of the Theft Act, 1968, of the offence of taking and driving away a motor vehicle without having the consent of the owner. Regina v. Peart Ct. of Appeal 14/5/70. Although police had admittedly interrogated a boy of 14 without complying with an administrative direction which provides that children and young persons should, as far as practicable, only be interviewed in the presence of a parent, or guardian, or some person who is not a police officer and is of the same sex (Home Office circular No. 31/1964. paragraph 4), a confession based on the interview was held not to have been invalidated. Regina v. Roberts, Ct. of Appeal 4/5/'70. Where the prosecution calls to give evidence an accomplice who has been sentenced after he has given a statement implicating his co-defendants so as to reduce his own responsibility and the statement has been used for the purpose of a plea in mitigation, it is wrong that the judge should have the right to recall him and increase his sentence if he should not give evidence in accordance with his original statement. Regina v. Stone, Ct. of Appeal 7/5/'70. Electoral Law Students in colleges or halls of residence at universities are entitled to be placed on the electoral roll in any constituency as persons resident here on the qualifying date, October 10 in every year, because there is a sufficient degree of permanence attaching to their living at the university to satisfy the tests laid down by the .Representation of the People Acts 1949 to 1969. Fox v. Stirk and Ricketts v. Registration Officer for Cambridge, Ct. of Appeal 12/5/70. Fanuly An unmarried mother who withholds her consent to the adoption of her child is not being unreasonable in doing so although the child's future prospects may be better with the proposed adoptive parents, as the child's welfare is not the paramount consideration as it is in custody proceedings. Only very special circumstances can justify the permanent severance by adoption of the natural bond between mother and child against the mother's wishes. In re W (an infant), Ct. of Appeal 14/5/70. His Lordship ordered that a deserted wife should be