304 / 736
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
reme Court, 22nd November '968.
Road traffic: notice not defective
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
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 REGISTRY
Register C
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:
Prior to 1750—lands of the Earl of Essex.
1750 to 1822—Grand Jury Courthouse.
1836
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
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