The Gazette 1982

CIA/E T N

JANUARY/FEBRUARY 1982

Requisitions on Title - 1981 Edition 1. Printing Error — Requisition 21

(d) the repeal of section 140 of the Grand Jury (Ireland) Act 1836 which allowed applicants to claim against the local authorities of several areas where the damage arose within one mile of a county boundary. The disappearance of these 'verge' applications against several local authorities is matched - in section 10 - by the retention of the right of a respondent local authority to join another local authority in the proceedings. It may well do so when the damage feasor resides in the area of another local authority. The local authorities will be less happy with: (1) the extension of the definition of damage maliciously caused, which extension reverses the type of court finding typified by Wexford Timber Co. v. Wexford Corporation ( S.C.) 88 ILTR 137; (2) the disappearance of all the fine distinctions between types of property and whether the causing of the damage constituted a crime punished on indictment or summarily depending on the application of different sections of the Malicious Damage Act, 1861; (3) the extension of compensation to cover damage to property within an harbour or within one mile beyond the coastal boundary of the local authority area, and the unlawful taking of property from within an harbour or such one mile. CAUTIONARY NOTE: Pending issue of Rules of Court in accordance with Section 14 of the Act, a claim for malicious damage caused on or after 6th November 1981 cannot be brought before the District Court and all the practitioner can do is to serve the Preliminary Notice. Despite the latitude in the framing of the Circuit Court forms allowed by order 59 Rule 5 of the Circuit Court Rules 1950, practitioners will probably defer lodging a Final Notice where the claim exceeds £2,500 and await the new Rules of the Circuit Court. It may be that the Rules of Court will have appeared before this article in which event this cautionary note may be ignored. •

The last paragraph of Requisition 21 reads "furnish a Certificate under paragraph 11 (6) of the fourth schedule of the Capital Gains Tax Act 1975". This should of course have read "furnish a Certificate under Section 48 of the Capital Acquisitions Tax Act 1976". The Society had not made any alteration to the text of this requisition and the error arose in the printing. 2. Sales on foot of contracts entered into before 1st April 1978 In the 1979 Edition of the Society's Requisitions on Title the following requisition was included at No. 20. "(a) Where the contract for sale or mortgage was entered into prior to the 1st day of April 1978. (i) State the name, date of death of any person on the title who died prior to the 1st day of April 1975, and within 12 years of the date of this sale. (b) Where the contract for sale or mortgage was entered into on or after the 1st day of April 1978. (i) State the name and date of death of any person on the title who died prior to the 1st day of April 1975, and within 6 years of the date of this sale. (c) Furnish a Certificate of discharge from estate and succession duties and any other duties which may be a charge on the property on any such death." In the note drawing the attention of the profession to the revisions in the requisitions we said that Requisitions 20 and 21 of the 1979 Edition of the Requisitions had become obsolete. This may not be entirely correct in so far as Requisition 20 is concerned as the Tax implica- tions still apply in respect of any transactions now going through on foot of contract entered into before the 1st April 1978. It did seem to the Committee to be no longer relevant in standard requisitions as cases in which members would be raising requisitions now on foot of a contract entered into before the 1st April 1978 would be too rare. It has been decided to include this note in the Gazette to draw the attention of the profession to the full position.

MR. MICHAEL QUINLAN

At its January meeting the Council of the Society, on the proposal of the President, Mr. W. Brendan Allen, unanimously adopted a vote of sym- pathy to Mrs. Moya Quinlan, Presi- dent of the Society for the preceding year, 1980/81, on the sudden death of her husband, Michael, on 21 December, 1981. The meeting stood in silence to his memory.

MARRIAGE COUNSELLING SERVICE

24, Grafton St., Dublin 2. Telephone No. 720341

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