321 / 328
was proved by affidavit and the warrant was indorsed
for execution in the London Metropolitan Police
District by the deputy commissioner of the Garda
Siochana. A metropolitan police magistrate backed
the warrant without receiving any evidence other
than the affidavit proving the signature, and without
reference to the applicant, who was granted, by
Streatfield, J., a writ of
habeas corpus ad subjiciendum,
On the return it was contended by the metropolitan
police commissioner that neither the magistrate
nor the court had jurisdiction to inquire into the
facts, and that the magistrate was bound to back a
warrant issued by a justice of the peace of £ire
whose signature was proved.
Paull, J., said that the Indictable Offences Act
1848 Section 12 did not impose an imperative duty
upon a magistrate to indorse any warrant once the
signature was proved ;
it was merely a right to
indorse. Furthermore he stated that the warrant
was presumably issued under the Petty Sessions
(Ireland) Act, 1851, of which section 27 sub-section
3 provided that "it shall be lawful" for the Inspector
General or deputy Inspector General to indorse
a warrant issued in Ireland, and "it shall thereupon
be lawful" for an English magistrate to indorse it
on proof of the handwriting of the Irish signature ;
that procedure was not complied with here because
no subsequent provision substituted the deputy
commissioner of the Garda Siochana
for
the
inspector general or deputy inspector general.
Held the indorsement was not valid since the
magistrate had not exercised his discretion to assure
himself that
prima fade
the technicalities had been
observed, that there was a
prima facie
case of an
offence having been committed in £ire, and that
there had been shown to be,
prima facie,
an element
of escape.
This case brings the problem of backing warrants
into relief in as much as Irish Courts heretofore
have been well disposed to backing warrants issued
in England but it would seem that in certain cir
cumstances reciprocity does not exist.
THE REGISTRY
Register A
ENERGETIC assistant with experience in Probate, Conveyancing
and Land Registry work needed for country practice.
Interesting and varied work. Recently qualified man might
suit. Full particulars to Box A.2I2.
ASSISTANT SOLICITOR required for Cork City firm. Please
furnish references and full particulars including age, experience,
type of work handled, etc. Salary according to experience.
Box A.2i}.
Register C
IN the Goods of Michael O'Gorman, deceased. Will any
person having information as to a Will of Michael O'Gorman
late of Ballycosgey, Ballyhea, Charleville, County Cork and
formerly of Rosefield Terrace, Cork City and late employee
of Messrs. Atkins & Co., Ltd., Cork, please communicate
with Roger Fox & Co., Solicitors, Kilmallock, County
Limerick.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Notice
Folio 8540.
County WEXFORD.
REGISTERED OWNERS : Robert Westley Hall-Dare,
Charles Grafton Hall-Dare, John Valentine Adair,
Arthur James Beatty.
The Surviving Registered owners have applied for
a New Certificate of Title specified in the Schedule
hereto and original of which is stated to have been
lost or inadvertently destroyed.
A New Certificate will be issued unless notification
is received in this Registry within 28 days from
the date of this Notice that the Original Certificate
is in the custody of a person not the Registered
Owner. Such notification should state the grounds
on which the Certificate is retained.
Dated this loth day of May, 1964.
D. L. McAmsTER,
Registrar of Titles.
SCHEDULE.
Land Certificate of Robert Westley Hall-Dare,
Charles Grafton Hall-Dare, John Valentine Adair
and Arthur James Beatty to oa. 2r. i3p., 6a. ir. 2yp.
and la. 2r. i4p. of the Lands of Clohamon, Castle-
quarter and Knockanure respectively all situate in
the Barony of Scarawalsh and County of Wexford
being the Lands comprised in said Folio.
OBITUARY
MR. NICHOLAS J. COSGRAVE, Solicitor, died on
23rd April, 1964, at the Meath Hospital, Dublin.
Mr. Cosgrave served his apprenticeship with the
late Mr. Francis P. Long, i Lower Ormond Quay,
Dublin, was admitted in Trinity Sittings, 1940, and
practised under the style of Nicholas J. Cosgrave
& Co. at 39 Nassau Street, Dublin.
101