90 / 244
Appeal out o f time—Error o f Counsel
In re Macadam (1951, All E.R. 659), the English
Court of Appeal had to decide on an application
for an extension of the time for an appeal from the
High Court in a bankruptcy matter. The relevant
rule provided that subject to the power of the Court
o f Appeal to extend the time under special circum
stances, no appeal lay to the Court of Appeal after
the expiration of 21 days. The applicants, therefore,
had to justify their application for an extension of
the time for appealing by showing the existence of
special circumstances.
The facts were that on
January 23rd the Divisional Court dismissed an
appeal from the order o f the County Court Judge,
giving leave to appeal to the Court of Appeal. During
a casual conversation after the hearing, the solicitors
for the applicants raised the question o f the time
allowed for an appeal, and counsel, in error,
suggested the period was six weeks. On February
22nd the solicitors attempted to lodge notice of
appeal which was refused, having regard to the
terms o f the rules. On the hearing of the application
for an extension, the Court of Appeal referred to
in Re Coles & Ravenshear (1907 1 K .B . 1), in
which it had been decided that a mistake on the part
of legal advisers of the would be appellants should
not be regarded as special circumstances for the
purpose of an extension of time. In view, however,
of the fact that the applicants were the trustees of a
settlement, and that there might be persons other
than the bankrupt interested under the settlement,
the fact that the property remained vested in the
trustees so that nobody was the worse off for the
mistake, coupled with the fact that counsel for the
trustee and bankrupt did not press very strongly
for the rejection of the application, the Court
decided to find that there were special circumstances
which would justify them in granting the application
sought, on the terms that the applicants should
pay the costs.
THE REGISTRY
Register A
Experienced court clerk required next September. Applica
tions, in writing, stating experience and salary expected to
Messrs. D. & T. Fitzgerald, 30 Anglesea Street, Dublin.
Old established lucrative practice for sale in thriving town
in South of Ireland with surrounding populous farming
district. Premises, goodwill, office equipment, etc. Box No.
A126.
REG ISTRATION OF T IT L E ACTS, 1891 and 1942
NOTICE
Folio
19603
C
ounty
T
ipperary
R
egistered
O
wner
: M
ichael
H
effernan
An Application has been made by the Registered
Owner to the Registrar of Titles for the issue of a
Certificate o f Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been lost or inadvertently destroyed.
The
Registrar of Titles will issue a duplicate Certificate
unless he is notified within 28 days from the date
of this Notice that the said Certificate of Title is
still in existence and in the custody o f some person
other than the above named Registered Owner.
Any such notification should state the grounds on
which the Certificate in question is being held.
Dated-this 29th day of July, 1950.
J
oseph
O’B
yrne
,
Registry of Titles.
Land Registry,
Central Office,
Chancery Street,
Dublin.
S
chedule
above
referred
to
Land Certificate of Michael Heffernan to 4a. 1 r. op.
o f the lands of Deerpark (E. D. Shronell) situate in
the Barony of Castlewilliam and County of Tip
perary being the lands No. 1 comprised in said Folio.
Printed by Cahill & Co., Ltd., Parkgate Printing Works, Dublin.