185 / 338
ist February, 1960, lists the States declared to be
parties to the 1927 Geneva Convention on the
Execution of Foreign Arbitral Awards and the
territories declared to be territories to which that
Convention applies. The effect of both Orders will
be to allow for the enforcement on a
reciprocal
basis in the State of foreign arbitral awards arising
out of matters that may lawfully be referred to
arbitration under Irish law.
It can be obtained from the Government Publica
tions Sale Office, Dublin—Price :
Sixpence.
NATURAL JUSTICE.
Penalty against University
student.
The Judicial Committee of the Privy Council
allowed an appeal by the University of Ceylon from
a judgment of the Supreme Court of Ceylon declaring
that the University had acted wrongly in suspending
respondent indefinitely from all examinations after
an investigation by persons appointed under the
statute of the University to enquire into alleged
irregularities in connection with an examination.
The Supreme Court of Ceylon held that the in
vestigating body was under a duty to act judicially
and that the investigation had not been made in
accordance with the principles of natural justice in
that respondent was not given particulars of the
charge against him and was given no opportunity
to cross-examine witnesses. The Committee in
allowing the appeal by the University from the
decision of the Supreme Court said that the question
was whether the inquiry was conducted with due
regard to the rights accorded by the principles of
natural justice. They referred to the statement in
DeVerteuil
v.
Knaggs (1918 A.C.jjy) that "in
making an inquiry there is, apart from special
circumstances, the duty of giving to any person
against whom a complaint was made a fair oppor
tunity of making any relevant statement which he
may desire to bring forward and a fair opportunity
to correct or controvert any relevant statement
brought forward to his prejudice ". In the present
case there was no question as to the bona fides of
the investigating body. In their Lordships' opinion
the fact that the witnesses were not questioned in the
presence and hearing of the plaintiff, who con
sequently was not able to question them on the
statements they made did not in itself involve any
violation of the requirements of natural justice. In
the words of Lord Loreburn in the Board of
Education
v.
Rice (1911 A.C.J79) the Vice Chancellor
was not bound to treat the matter as it was a trial
but he could obtain information anyway he thought
best. A fair opportunity must have been given to
the plaintiff to correct or contradict any relevant
statement to his prejudice. Their Lordships were
satisfied that the plaintiff was adequately informed
of the case he had to meet by letter and interview
and were of opinion that the appeal should be
allowed.
(University of Ceylon
v.
Fernando Times
Newspaper, iyth February, 1960.)
REGISTRATION OF TITLE ACTS,
1891 AND 1942
ISSUE OF DUPLICATE LAND
CERTIFICATE
Applications
have
been received
from
the
registered owners mentioned
in
the Schedule
annexed hereto, for the issue of Certificates of Title
in substitution for the original Certificates issued in
respect of the lands specified in the said Schedule,
which original Certificates, it is alleged, have been
lost or inadvertently destroyed.
A duplicate Certificate will be issued in each case,
except a case in respect of which notification is
received in this Registry within 28 days from the
publication of this notice, that the Certificate of
Title is still in existence, and in the custody of some
person other than the registered owner. Any such
notification should state the grounds on which such
Certificate is being held.
Dated the loth day of March, 1960.
D. L. McALLISTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE
1. Registered Owner, Honoria Mongan.
Folio
number, 4616. County Galway. Lands of Carna
in the Barony of Ballinahinch containing 4*. o r. i8p.
2. Registered Owners, Michael Cussen of one
undivided moiety, Joseph Cussen of one undivided
moiety.
Folio number, 6510 (Revised).
County
Limerick. Lands of St. Nicholas in the Parish of
St. Nicholas containing la. ir. lop.
OBITUARY
MR. GERALD MAGUIRE, Solicitor, died on 9th
February, 1960, at a Dublin Hospital.
Mr. Maguire served his apprenticeship with
Mr. Conor A. Maguire, Claremorris, Co. Mayo, was
admitted in Hilary Sittings, 1919 and practised at
43 Fitzwilliam Square, Dublin and. Claremorris,
Co. Mayo..
.
.
CLIENT'S RIGHT TO DOCUMENTS ON
TERMINATING SpLICITOR'S RETAINER
When a client terminates a solicitor's retainer or
directs him to hand over papers to another solicitor