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A NOTICE OF INTENTION TO PROSE-
CUTE UNDER THE ROAD TRAFFIC
ACT IS VALID IF WRITTEN IN IRISH,
EVEN IF THE DEFENDANT DOES NOT
UNDERSTAND IRISH
A notice of intention under the Road Traffic
Act 1933 (now the Act of 1961), to prosecute the
defendants for dangerous driving was duly served
on them, and the Guard explained to them in
English the nature of the notice, which was only in
Irish. When the case came for hearing before District
Justice McGahon in Westport District Court, the
solicitor for the defendants successfully contended
that the defendants had not been served with a
proper notice, as they could not understand it. On
the application of the Attorney-General, the District
Justice stated a case for decision by the High Court,
and Mr. Justice Davitt, President of the High Court,
upheld the view of the District Justice. A further
appeal was taken to the Supreme Court, and, on the
loth May, 1963, the Supreme Court (O'Daly, C.J.,
Kingsmill-Moore and Walsh, J. J.) unanimously
reversed the decision of the High Court and held:—
Per the ChiefJustice:—
Such a notice will be valid
if written either in English or Irish; it follows that
such a notice will not be invalid if the recipient
does not understand either Irish or English, or
is illiterate; in any such case, he can readily have
the meaning of the notice explained to him.
Per Kingsmill-Moore J.—
What was said by the
Guard does not constitute a necessary warning
under the Act, for it was not a warning given
immediately after the commission of the offence.
The District Justice, having correctly held this,
considered that the words spoken by the Guard
were of no importance in the case. I attach to
them the greatest importance. The Guard, when
delivering the document, conveyed to the defen
dants its nature, meaning and contents; there is
no suggestion that this was not sufficient to put
the defendants on notice. The meaning of Article
8 (3) of the Constitution is that either English or
Irish may be used, unless provision has been
made by law that one language only was to be
used for some one or more official purposes.
(Attorney-General v. Wallace and Coyne).
DEATH DUTIES IN IRELAND
The General Council of Provincial Solicitors'
Associations have published a booklet entitled "A
Guide to the Death Duties in Ireland" by M. K.
O'Connor, Barrister-at-Law—Price 15/6 per copy.
Copies of this booklet may be obtained post free on
application to Mr. Cornelius J. Daly, Solicitor, 19
South Mall, Cork. It is hoped to review this booklet
shortly.
HANDBOOK AND LAW DIRECTORY
The Hand Book Vol. I and Law Directory Vol.
II for 1964 will be on sale in January and can be
obtained from the Incorporated Law Society of
Ireland, Solicitors' Buildings, Four Courts, Dublin.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Issue of New
Land Certificate
Applications have been received from the regis
tered owners mentioned in the Schedule annexed
hereto, for the issue of Certificates of Title in sub
stitution 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 3Oth day of December, 1963.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
D. L. McAixiSTER,
Registrar of Titles
SCHEDULE.
1. Registered Owners Patrick O'Callaghan and
Julia O'Callaghan. Folio number 21051. County
Cork. Lands of Coolmona in the Barony of Muskerry
East containing 423. ir. 8p.
2. Registered Owner Patrick Maguire. Folio
number 9905. County Cavan. Lands of Corrinshigo
in the Barony of Tullygarvey containing 53. 2r. i6p.
3. Registered Owner John Rourke. Folio number
14569. County Clare. Lands of Rine (No. i) in the
Barony of Burren containing i8a. or. 5p.
4. Registered Owner Edward Pender. Folio
number 6898. County Clare containing 66a. or. zop.
and Folio number 6899 County Clare containing
2ia. or. I5p. of the lands of Beneden both situate
in the Barony of Islands.