256 / 328
the case should be decided on the known fact of
marriage, of which evidence would be admitted
on the appeal; accordingly, the damages assessed
would be reduced by one half to £2,000, a figure
which, in the opinion of the Court of Appeal, was
as much as the trial judge would have awarded had
he known that the re-marriage was likely to take
place as early as it did.
Per Harman, L.J., and Pearson, L.J. :
we do not
decide what the position would have been if the
re-marriage had occurred after the expiry of the
time limited for serving notice of appeal.
(Curwen
v.
James and Others.) (1963, 2 All E.R.
page 619.)
Whether victimisation of a witness amounts to contempt
of Court.
In an action against a landlord his tenant was
subpoenad by the landlord's opponent in litigation
and gave evidence against the landlord. The next
day the landlord gave the tenant notice to quit. In
an action by the tenant against the landlord for
damages the county court judge found that the
landlord's motive in giving the tenant notice was
desire to punish the tenant for having given evidence
against him.
The county court judge awarded
damages to the tenant on the basis that an action for
damages for contempt of court was maintainable in
law. On appeal,
HELD (Lord Denning, M.R., dissenting) :
An
action for damages did not lie for contempt of court
in the present case, because
(a)
the object of the
court's jurisdiction to punish for contempt of court
was the protection of the administration of justice,
not the protection of the individual affected, and
(b)
the same act (viz., in the present case, the giving
of notice to quit) could not be both lawful and
unlawful, viz., valid in the sphere of contract and
wrongful in the sphere of tort.
The Court considered the dicta of Lord Denning,
M.R., in A.G.
v.
Butterworth (1962 3 All E.R.,
page 329). A short note of this case is published in
the Society's GAZETTE for October/November, 1962,
at page 47.
(Chapman
v.
Honig) 1963 2 All E.R.
p. 513.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
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 lands specified 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 i6th day of September, 1963.
D. L. McALLISTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
1. Registered Owner, Katie Leahy, Folio number
1401. County Limerick. Lands of Grange East
in the Barony of Clanwilliam containing 28a. or. 29p.
2. Registered Owner, Michael J. Hanley, Folio
number 11867. County Roscommon. Lands of
Carrowcrin in the Barony of Ballintobber South
containing icoa. or. 3op.
ADMISSION AS SOLICITORS
1st August, 1962 to 31st July, 1963.
Name
Service with
36
BLAKE, BRUCE F. ST. JOHN,
B.A., LL.B.
Eyre Square,
Galway.
BOURKE, SEAN, B.A., B.C.L.,
40 Dartry Road,
Rathmines,
Dublin.
GALLERY, PETER J.,
Cloonahee House,
Elphin,
Co. Roscommon.
CHAPMAN, COLIN A., B.A.,
The Cliff,
Tramore,
Co. Waterford.
CONNELLAN, PATRICK J.,
Church Street,
Longford.
CUSSEN, ROBERT McC.,
B.C.L.,
Newcastle West,
Co. Limerick.
DICKSON MICHAEL J.,
B.A. (Mod.), LL.B.,
9 Nutley Park,
Dublin.
DILLON LEETCH, THOMAS A.,
B.C.L.,
T3allyhaunis,
Co. Mayo.
FRANCIS DEVINE and
HARRY McCRACKEN,
89 St. Stephen's Green and
HENRY ST. J. BLAKE and
GEORGE J. GERAGHTY,
Galway.
JAMES V. AITKEN,
24 Upper Ormond Quay,
Dublin.
JOHN KELLY,
Elphin,
Co. Roscommon.
WILLIAM E. CHAPMAN,
Cathedral Square,
Waterford.
PATRICK JOSEPH BRANIGAN,
Longford.
ROBERT J. CUSSEN,
Newcastle West,
Co. Limerick.
GEORGE G. OVEREND,
31 Fitzwilliam Square,
Dublin.
JOHN DILLON-LEETCH,
Ballyhaunis,
Co. Mayo.