The Gazette 1974

only from 1954. Prior to that, there was a Court of

Appeal which could fairly be described as the Supreme

Court under another hat, hearing appeals from itself.

Now there are four Judges, one of whom is President of

the Court of Appeal, now Sir Thaddeus McCarthy,

specifically assigned to this Court. The Chief Justice is

also a member

ex officio.

This Court in session consists

of three Judges, two who are specifically Court of

Appeal Judges, together with one Supreme Court Judge.

The latter is selected by rotation.

The Judiciary, as befits a fused profession, is drawn

from the ranks of both those who have practised as

barristers or solicitors. The Court of Appeal Judges, in

turn, are drawn from the Judges of the Supreme Court.

Appointments are not made directly to the Court of

Appeal from the ranks of the practitioners.

The law officers of the Crown are two in number : the

Solicitor-General and the Attorney-General. Their

functions are identical to those performed by their

English counterparts. One point of distinction is, how-

Valuation Office Delays

C. E. Callan & Co.,

Boyle,

Secretary,

1 0 / 1 0 / 73

Incorporated Law Society of Ireland.

Dear Sir,

The recent arrangement with the Estate Duty Office

will help to process Estates more quickly.

However, we find that the "Bottleneck" appears to

be in the Valuation Office, where there appears to be

considerable delay in that department reporting to

either the Estate Duty Branch or the Adjudication

Office on Deeds.

It may be that this department is understaffed and

unable to cope with the business sent to them for Valua-

tion.

In the circumstances, the Society should examine the

matter with a view to helping Solicitors to deal with

business more quickly.

Yours faithfully,

Thomas Callan

Thomas Callan, Esq.,

9/1/1974

Messrs. C. E. Callan & Co.,

Solicitors,

Boyle, Co. Roscommon

Dear Sir,

I acknowledge receipt of your letter of October 10.

I have placed this matter before the Council of the

Society and I am directed to request from you specific

details of cases in which delay has occurred in the

Valuation Office.

I am furthermore directed to publish your letter and

this reply in the Gazette for the purpose of ascertaining

whether other members of the profession are experien-

cing the type of delay you refer to. If this is the case

it is hoped that practitioners will write to the Society

outlining specific details of cases in which delay has

occurred.

Yours faithfully,

Patrick Cafferky,

Assistant

Secretary

ever, that the Attorney-General is often Minister for

Justice as well. A far cry from the separation of powers! *

Conclusions

The broad judicial system in New Zealand is suffi-

ciently close to that in England to enable the lawyer of

one country to feel at home in the other. The common

law heritage of New Zealand makes the links even

stronger. It seems a pity, however, that while the New

Zealand cóurts pay ample attention to English cases,

there is little evidence of reciprocity. To the writer's

knowledge, there are many New Zealand precedents of

value in the field of commercial law. Again, the judg-

ment of the New Zealand Court of Appeal in

Steph-

enson v Waite Tilemann

[1973]] 1 N.Z.L.R. 152, is of

monumental importance to the question of remoteness *

of damage. Now that England is severing her economic

ties with the Commonwealth, it would be pleasurable

to see this compensated for by a keener recognition of

the jurisprudence of these former dominions.

Requisitions on Title

Patrick Noonan, B.A., LL.B.,

Athboy,

Co. Meath

(

27/11/1973

The Secretary,

Incorporated Law Society of Ireland.

Dear Sir,

The Law Society's Requisitions on Title are much

too long and a great many of the questions asked are

not Requisitions on Title a tall. I cannot see how a

query relating to a Wireless Aeriel or a Television

Aeriel has anything to do with the title to the property.

The worst thing about them is that Purchasers just

bang out these Requisitions without deleting the in-

appropriate ones and it is a common thing to be asked

to deal with Fishery rights in connection with a house >

in the middle of the City of Dublin. I suggest that a ,

Notice would be put in the Gazette drawing attention

of Solicitors to the fact that leaving all these Requisi-

tions in causes a great deal of unnecessary waste of

time and money. I think the Requisitions should also

be reviewed. For example there is a Requisition there

as to identity and in the Law Society's own precedent

Contract, this Requisition would be excluded. I am put

to the trouble each time of referring the Requisitioner

to the Contract.

Yours faithfully,

Patrick Noonan

Patrck Noonan, Esq., B.A., LL.B.

9 January 1974

Solicitor,

Athboy, Co. Meath

re. :

Societys' Requisitions on Title

Dear Mr. Noonan,

Your letter of 27 November has been considered by

the Council of the Society and upon report of the

Court Offices and Costs Committee I have been directed

to request more specific details of clauses which you

are not particularly happy about.

I am also directed to publish the correspondence in

the Gazette with a view to obtaining the views of the

profession. Any Solicitors reading the correspondence

CORRESPONDENCE