461 / 736
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
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