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CIA/E T N
JANUARY/FEBRUARY 1982
(d) the repeal of section 140 of the Grand Jury
(Ireland) Act 1836 which allowed applicants to
claim against the local authorities of several areas
where the damage arose within one mile of a
county boundary. The disappearance of these
'verge' applications against several local
authorities is matched - in section 10 - by the
retention of the right of a respondent local
authority to join another local authority in the
proceedings. It may well do so when the damage
feasor resides in the area of another local
authority.
The local authorities will be less happy with:
(1) the extension of the definition of damage
maliciously caused, which extension reverses the
type of court finding typified by
Wexford Timber
Co.
v.
Wexford Corporation
( S.C.) 88 ILTR 137;
(2) the disappearance of all the fine distinctions
between types of property and whether the causing
of the damage constituted a crime punished on
indictment or summarily depending on the
application of different sections of the Malicious
Damage Act, 1861;
(3) the extension of compensation to cover damage to
property within an harbour or within one mile
beyond the coastal boundary of the local authority
area, and the unlawful taking of property from
within an harbour or such one mile.
CAUTIONARY NOTE:
Pending issue of Rules of Court in accordance with
Section 14 of the Act, a claim for malicious damage
caused on or after 6th November 1981 cannot be
brought before the District Court and all the
practitioner can do is to serve the Preliminary Notice.
Despite the latitude in the framing of the Circuit Court
forms allowed by order 59 Rule 5 of the Circuit Court
Rules 1950, practitioners will probably defer lodging a
Final Notice where the claim exceeds £2,500 and await
the new Rules of the Circuit Court. It may be that the
Rules of Court will have appeared before this article in
which event this cautionary note may be ignored. •
MR. MICHAEL QUINLAN
At its January meeting the Council
of the Society, on the proposal of the
President, Mr. W. Brendan Allen,
unanimously adopted a vote of sym-
pathy to Mrs. Moya Quinlan, Presi-
dent of the Society for the preceding
year, 1980/81, on the sudden death
of her husband, Michael, on 21
December, 1981. The meeting stood
in silence to his memory.
Requisitions on Title -
1981 Edition
1.
Printing Error — Requisition 21
The last paragraph of Requisition 21 reads "furnish a
Certificate under paragraph 11 (6) of the fourth
schedule of the Capital Gains Tax Act 1975".
This should of course have read "furnish a Certificate
under Section 48 of the Capital Acquisitions Tax Act
1976".
The Society had not made any alteration to the text of
this requisition and the error arose in the printing.
2.
Sales on foot of contracts entered into before 1st
April 1978
In the 1979 Edition of the Society's Requisitions on
Title the following requisition was included at No. 20.
"(a) Where the contract for sale or mortgage was
entered into prior to the 1st day of April 1978.
(i)
State the name, date of death of any person on the
title who died prior to the 1st day of April 1975,
and within 12 years of the date of this sale.
(b) Where the contract for sale or mortgage was
entered into on or after the 1st day of April 1978.
(i)
State the name and date of death of any person on
the title who died prior to the 1st day of April
1975, and within 6 years of the date of this sale.
(c) Furnish a Certificate of discharge from estate and
succession duties and any other duties which may
be a charge on the property on any such death."
In the note drawing the attention of the profession to
the revisions in the requisitions we said that Requisitions
20 and 21 of the 1979 Edition of the Requisitions had
become obsolete. This may not be entirely correct in so
far as Requisition 20 is concerned as the Tax implica-
tions still apply in respect of any transactions now going
through on foot of contract entered into before the 1st
April 1978. It did seem to the Committee to be no longer
relevant in standard requisitions as cases in which
members would be raising requisitions now on foot of a
contract entered into before the 1st April 1978 would be
too rare. It has been decided to include this note in the
Gazette to draw the attention of the profession to the
full position.
MARRIAGE COUNSELLING
SERVICE
24, Grafton St., Dublin 2.
Telephone No. 720341
8