56 / 328
Voknti nonfit injuria
—
-fire—injury to volunteer called in to
preventfurther spread. (N.Z.).
In McCabe
v.
Russell (1961) N.Z.L.R. 385, the
defendant deliberately lit a fire to clear vegetation.
The fire got out of control and volunteers were called
in to put it out. The plaintiff, a volunteer, was
injured. The New Zealand Supreme Court
held
that
the plaintiff was entitled to recover damages.
Criminal I^atv—malicious damage
—
compensation. (Eire)
(GrandJury (Ireland) Act,
1836
(6 & j Will.
4,
e.
116),
s.
140.).
In Smyth
v.
Dun Laoghaire Borough Corporation
And The County Council of Dublin (1960) Ir. Jur.
Rep. 45, a motor vessel was maliciously damaged by
sinking while moored to a dolphin on a pier of Dun
Laoghaire Harbour, a pier which was not valued for
the purpose of rating. In an application for com
pensation by the owners of the vessel against the
defendants the Supreme Court in Eire (Kingsmill
Moore J. dissenting) /W</that there is no presumption
of law that national waters belong to or form part of
the adjoining county and that the functions of a
county council cannot be extended beyond its
boundaries save as specially provided by s. 140 of the
Grand Jury (Ireland) Act, 1836, in the case of a
malicious injury committed on the verge, or within
the distance of one mile, of the boundary of any two
or more counties. The application for compensation
was therefore unsustainable.
Negligence : Bankers reference :
Whether duty of care.
Hedley Byrne & Co., Ltd.
v.
Heller & Partners,
Ltd. Ormerod, Harman and Pearson,
L.JJ.i8th
October, 1961. Plaintiffs, who were advertising
agents wanted to place forward advertising orders
on behalf of a certain firm on terms that they (plain
tiffs) would be primarily liable for the cost thereof.
Plaintiff's bankers enquired from the defendants, who
were the firm's bankers, and received satisfactory
references as to the firm's financial position. Relying
on these, orders totalling £22,000 were placed. In
fact, the firm, at the time, owed £50,000 and was
financially unsound. It subsequently went into
liquidation and plaintiffs were able to recover only
a small part of their loss.
Held by
the Court of Appeal
(upholding McNair J.) that (i) there was no general
duty imposed on defendants to take care when
answering queries and that (2) even though the fact
of defendants financing the firm created a special
relationship between defendants and the subject of
their reference, that was not sufficient to create a
duty to take care in giving the reference. The appeal
was therefore dismissed.
MISSING
LAND CERTIFICATES
Applications have been received from the
registered 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 24th day of November, 1961.
D. L. McALLISTER,
Central Office,
Registrar of Titles.
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
1. Registered Owner William Grogan. Folio
number 4898, County Wexford. Lands of Shirsheen
in the Barony of Gorey, containing jya. 3r. 36p.
2. Registered Owner Michael Williams. Folio
number 1518, County Tipperary. Lands of Doolis
in the Barony of Iffa and Offa West, containing
3ia. or. 22p.
3. Registered Owner James Mahon.
Folio
number 5396, County Carlow. Lands of Rathnapish
in the Barony of Carlow, containing oa. ir. ip.
4. Registered Owners Most Rev. John Charles
McQuaid and others. Folio number 3449R., County
Dublin. Lands of Lucan and Pettycanon in the
Barony of Newcastle, containing 33. 3r. up.
5. Registered Owners Michael Treacy and
Nathaniel Simcox. Folio number 304 R., County
Cork. Lands of Ballincurrig containing $8a. or. 36p.
and lands of Moanroe, containing 66a. ir. i3p. both
situate in the Barony of Orrery and Kilmore.
OBITUARY
JOHN J. SHIEL, solicitor, died on 28th September,
1961 at Jervis Street Nursing Home.
Mr. Sheil served his apprenticeship with the late
Mr. Gerald Tench, 47 Lr. Sackville Street, Dublin,
was admitted in Trinity Sittings, 1910 and practised
at 18 Bachelors Walk and Newbridge, Co. Kildare.
He was a member of the Council of the Society
from 1950 until the date of his death and Vice-
President for the year 1954-55.