The Gazette 1974

CORRESPONDENCE

13 Lr. Ormond Quay,

Dublin 1.

19/7/1974

Dear Sir,

We think it well to bring to your attention a decision

of His Lordship Judge Kenny delivered on the 11th

July, 1974 in a case entitled Dardis and Dunns Seeds

Limited—Plaintiffs, Hickey—Defendant which will ap-

pear in the Law Reports in due time. The matter

relates to the statement of the situation of premises

sought to be charged in an Affidavit for Judgment

Mortgage.

The Plaintiffs, with a view to converting a Judg-

ment obtained by them against one James Hodgins

procured the swearing by their Secretary of an

Affidavit under the Judgment Mortgage Act, 1850 in

which the premises were described as "a plot of ground

situate at Robinstown in the Barony of Upper Navan

and County of Meath" which was duly registered

under the Act. They did not know the name of the

Townland in which the said plot was situate and hence

could not state this in the Affidavit. On a subsequent

date the said James Hodgins sold the plot to the above-

named Defendant it being described in the Contract

and Conveyance as "Bective Schoolhouse in the Town-

land of Balbradagh, Barony of Upper Navan and

County of Meath."

In the action brought by the Plaintiffs seeking a

Diedaration that their Judgment Mortgage was well

charged on the land so sold by James Hodgins to

the Defendant, evidence was given that a Search had

been made in the Index of Names by an eminent

firm of professional Law Searchers against the said

James Hodgins the Requisition setting out the de-

scription of the premises given in the Contract for

Sale.

The learned Judge whilst dismissing the action on

other grounds held that the description of the land

contained in the Judgment Mortgage Affidavit was

sufficient to comply with the provisions of the Act

which do not require that the Townland be stated.

It would therefore appear that in order to be reliable

a Search in relation to property situate outside cor-

porate towns should disclose the acts of the party oc-

curring anywhere inside a given Barony.

Reid and Reid

Conference Computers And The Law

The Society for Computers

An dLaw Limited

82 London Road,

Leicester.

Dear Mr. Gavan Duffy,

Earlier this year I gave you advance warning of the

Conference "Computers and Law" to be held at Oxford

from the 27th to 29th September, 1974. The pro-

gramme for the Conference is now complete and I

attach a copy. I shall be extremely grateful if you could

bring this to the attention of your readers as soon as

possible.

The emphasis in the Conference is on

Working

Systems,

and as such will include speakers on Lexis,

the leading North American system and also Credoc

the well-known Belgian system. In addition we vriH

have speakers dealing with H.M. Land Registry s Sys-

tern and also a little-known but a very importafl

system dealing with Local Land Charges for the Corpo

ation of Leeds. We have also been fortunate

e n o ug

to secure Mr. Stephen Skeely, who is the full-tim

expert on Computers and Law for the Federal

Govern-

ment of Canada.

In addition to our speakers, we also have a numb

of hand-picked demonstrations of leading systems»

which will enable delegates to test the competing

terns for themselves. Finally, on the last morning °

the Conference, we have a general session when del"

egates will be able to put their questions (and com-

plaints!) to the various experts we will have present-

The fee for attending the conference is £30.

If you require any further information

about

the

Conference, please contact Mrs. D. Wilson, 6 Latton

Close, Nr. Didcot OX11 OSU. Rowstock 433 (STU

code 023 583)

Yours faithfully,

Richard Morgan,

Publicity

Officer.

The General Council of The Bar of Ireland

Law Library,

Four

Court*.

J. J. Ivers, Esq.,

Dublin

Director General,

779684-

Incorporated Law Society of Ireland

13/7/19'

Solicitors 'Buildings,

Dear Mr. Ivers,

At its meeting on the 24th May the Bar

Counc'

made the following ruling which may be of interest t°

the Law Society. The ruling had been sought in m

following circumstances:—

When visiting a prison to consult with clients he'

in custody pending appearance before the Spec

Criminal Court, the prison authorities had refusdj

access unless the legal advisers submitted to a search

of their bags and papers. Should Counsel submit

such searches of their bags and papers; and should theV

submit to searches of their person, if such were de-

manded ?

The Council ruled :—

In the present exceptional circumstances the search-

ing of barrister's brief cases and bags cannot be °h"

jected to, provided : —

i) That in no circumstances should counsel's

structions, papers or documents be examined; °

removed from the custody of the barrister;

ii) That the search be carried out in the presence

the barrister; and

iii) That the search is carried out by a person of

sponsibility and standing.

In the present exceptional circumstances barrister

may also have to submit to personal searches in

interests of public safety.

Yours sincerely,

G. D. Coyle,

Secretary

194