242 / 338
Notice of intention to prosecute not given—whether must be
raised as preliminary point.
(Road Traffic Act,
1930
s.
21.)
\Thougb it is convenient for the lack of any notice
of intention to prosecute under s.
zi
of the Road Traffic
Act.,
1930,
to be raised as a preliminary point at the trial,
it can be raised in the cross-examination of the appropriate
prosecution witness.
At the trial of the appellant on a charge of driving
without due care and attention the justices refused
to allow cross-examination of a prosecution witness
or evidence by defence witnesses on the question
whether a notice of intended prosecution had been
served, on the ground that the question should have
been raised as a preliminary point. Held, that the
conviction should be quashed ;
R.
v.
Edmonton
Justices, ex p. Brooks (1960) 2 All E.R. 475, D.C.
~Libel and Slander—libel—defence—fair report ofjudicial
proceedings.
In Webb
v.
Times Publishing Co. (June 2, 1960)
Pearson J. held, that a defence to a libel action that
the words complained of were part of a fair and
accurate
report of judicial proceedings, which
related to the trial of a British subject and the
administration of justice in England, and which
were heard before a criminal court of competent
jurisdiction at Zurich in Switzerland, and which
report was published contemporaneously, disclosed a
good defence in law.
(D.C.)
See also
The Times,
June 3, 1960.
Defamation—justification.
In Keyes
v.
Daniels (June i, 1960) the plaintiff
brought a libel action on a circular letter written by
the defendant to the shareholders of a company of
which the plaintiff was chairman. The defendant,
who appeared
in person, pleaded
justification.
Cassels J. directed the jury that, if the words
complained of were true, the plaintiff was a man who
had abused and was not fit to occupy his position
and that if they were false, the attack on him could
only be met by handsome damages.
The jury
returned a verdict for the plaintiff for £6,500.
(D.C.) See also
The Times,
June 2, 1960.
MISSING DEED
Information is sought in reference to a Deed of
Settlement executed on the 28th day of December,
1848 between the following parties :
George Culloden Frend of Rosetts in the County
of Cork Esquire of the First Part—
William Causabon Frend of the City of Limerick
Esquire of the second part—
George Harvey of Thornvale
in
the Kings
County Esquire and Harriett Georgina Charlotte
Garvey Spinster of the Third Part, Edward Parker
of Kilcolman in the County of Tipperary and John
Michael Croker of Quarter Town in the County of
Cork Esquire of the Fourth Part—
The said Indenture was registered on the ist day
of February, 1849 in the Registry of Deeds.
Any practitioner having information regarding
the whereabouts of the original of this Deed, or
who may be in possession of a copy or copies of
same is requested to furnish such information as
may be in his possession to Fergus B. O'Meara,
Solicitor, Thurles, Co. Tipperary.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
ISSUE OF DUPLICATE LAND
CERTIFICATES
Applications have been received from the regis
tered 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 i8th day of August, 1960.
D. L. McALLISTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
1. Registered Owner, Bernard McEntee. Folio
number 7095. County Cavan. Lands of Drumachoon
in the Barony of Tullygarvey containing 2ja ir.
3 2P.
2. Registered Owner James Hayes. Folio number
1658. County Waterford. Lands of Coolnacappogue
in the Barony of Middlethird containing 74a. 2r. 25p.
3. Registered Owner James Mahony.
Folio
number 7149 (Revised). County Cork. Lands of
Berrings in the Barony of Musketry East containing
looa. or. 32p.
Printed by Gahill and Go., Ltd., Parkgate Printing Works, Dublin