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STATUTES OF LIMITATIONS, BILL 1954
ADMINISTRATION OF ESTATES BILL,
1957
The attention of members and apprentices is
drawn to the advertisement on page 2 of the sale
of the above mentioned bills at the Government
Publications Sales Office. Members when ordering
should specify the bills as passed by both Houses,
not the Acts.
The Statutes of Limitations Bill
contains a number of valuable marginal notes and
references which do not appear in the Act. The
Administration of Estates Bill is accompanied by
a very useful explanatory memorandum prepared
by the Department of Justice for members of the
Dail and Seanad. Both these publications will be
of great assistance to students and practitioners and
the texts of the bills are of course the same as the
statutes as enacted.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Notice
Folio 3767
City of Dublin
Registered Owner—Margaret Alice Atock.
The Registered Owner has applied for a Duplicate
of the Certificate of Title specified in the Schedule
hereto which is stated to have been lost or inad
vertently destroyed.
The duplicate will be issued unless notification is
received in this Registry within 28 days from the
date of this Notice that the said Certificate of Title
is in the custody of a person not the Registered
Owner. Such notification should stgte the grounds
on which the Certificate is retained.
Dated this I3th day of June, 1959.
D. J. McALLISTER,
Registrar of Titles.
SCHEDULE
Land Certificate of Margaret Alice Atock to za.
or. op. of the Lands situate in the Parish of Glasnevin
and District of Clonturk and City of Dublin being
the lands comprised in said Folio.
THE REGISTRY
Register C
SOLICITOR'S GOWN for sale. Excellent condition.
£6
accepted.
Box C.ij8.
Mr. W. E. Murphy, B.E., F.R.I.C.S., Chief
Valuer, General Valuation Office, wishes to
announce that as from ist May he will be
with the firm of Messrs. Jackson, Stops &
McCabe, Auctioneers, Estate House,
62
Dawson Street, Dublin.
A Valuation Department is about to be
developed, which we had been asked
to
initiate and conduct.
It is
the intention to act as Consultant
Valuers in all types of property—with special
attention to Rating and Probate Valuations,
compensation
for property
acquired
and
advice on rental values.
DECISIONS OF PROFESSIONAL
INTEREST
Costs incurred by a successful party are in the discretion of
the Lay Commissioners in the Land Commission.
The Supreme Court (Maguire, C. J., Lavery and
O'Daly, J. J.) held that it had no jurisdiction to
award a successful party the costs incurred by
him before the Lay Commissioners on account of
statutory provisions contained in the Land Acts of
1936 and 1939.
Per Maguire, C. J. :
It seems to me that the
object of s.
2.6
of the Land Act, 1936, and ss. 16
and 17 of the Land Act, 1939, is reasonably clear.
Before the enactment of the first of these sections it
was apparently considered that whether the objectos
was successful or not before the Lay Commissionerr
they had no jurisdiction to indemnify him against
his expenses or his costs.
Sect. 26 of the Land
Act, 1936, was intended to remedy this position. It
gave to the Lay Commissioners power to award
to an objector a sum, by way of compensation, for
the expenses incurred by him in bringing the
objection. Sect. 26, sub-s. 2, laid down the way in
which such money was to be provided. The pro
visions of s. 16 of the Land Act, 1939, widened the
scope of the provisions of s. 26 of the Act of 1936.
The power of the Lay Commissioners to compensate
applicants appearing before them was extended so
as to include all applicants whatever the nature of
the proceedings. Furthermore, by s. 17 power is
given to the Lay Commissioners, when parties
appear before them to award costs to one party as
against another.
The fixation of the amount of
compensation
for
expenses
is
entirely
in
the
discretion of the Lay Commissioners. (In re Estate
of Roscrea Meat Products Ltd. 2—(1958) I.R. 138).
A. poor plaintiff is strictly bound by an order for security
for costs if resident in Northern Ireland,
The plaintiff, a widow with 6 children, whos e