The Gazette 1958-61

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Dangerous drilling and careless driving—causing death by — HONOURS GRADUATE U.C.D., well grounded in Solicitors
distinctionfrom culpable homicide. (Scot.) ^^"ufL36?3 P^'11^8^? or similar arrangement in the City
In Dunn v. H. M. Advocate (1961 S.L.T. 106) the
High Court of Justiciary held that the burden of
proof on the Crown in a charge under s. (i) of the
Road Traffic Act, 1960, is not so exacting as that in
a charge of culpable homicide against a motorist
where the prosecutor has to establish gross, wicked
or criminal negligence amounting to or analogous
to a criminal indifference to the consequences of
dangerous driving.
L,ibel and Slander—damages—reputation prior to the
publication.
In Dingle v. Associated Newspapers (February 8,
1961) the trial judge awarded the Town Clerk of
Manchester £1,100 damages for libel ((1960 i C.L.
169). On appeal by the Town Clerk against that
award, Court of Appeal (Sellers, Pearce and
Devlin ) held, allowing the appeal and increasing
the award to £4,000, that the trial judge had failed in
the assessment of damages to take into account that
part of the innuendo which alleged that the plaintiff
had committed a criminal offence, that he had
concluded that the period of damage was much less
than it was, and that he had assessed damages on the
basis that the Town Clerk had a bad reputation
prior to the publication complained of. (D.C.) See
also The Times, February 9, 1961.
Trees—roots spreading—apprehended danger.
In Lemos v. Kennedy Leigh Developments
(February 13, 1961) plaintiffs, fearing danger to their
property from roots of poplar trees growing on
adjoining land, issued a writ quia timetia. July 1959.
Expert evidence showed that possible damage might
be looked for by 1962. The Court of (Lord.
Evershed M.R., Upjohn and Pearson L.JJ.) held,
dismissing an appeal from Lloyd-Jacob J. ((1960)
10 C.L. 195), that the test of such an action depended
on the imminence of the apprehended danger, and
that, on the evidence, there was no such imminence
(D.C.) See also The Times, February 14, 1961.
THE REGISTRY
Register B
SOLICITOR -extensive experience in Dublin and abroad seeks
position in Dublin office, preferably with view to partnership.
Box No. B.26o.
WANTED TO PURCHASE, established practice Dublin City
with or without benefit of existing lease. Box No. 8.261.
SOLICITOR, considerable experience of general practice in
Dublin, seeks position in City office. Box No. 8.262.
of Dublin. Box No. 3.263.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Issue of New 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 new 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 exist
ence, 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 26th day of April, 1961.
D. L. McALLISTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
1. Registered Owner James Feely. Folio number
5534. County Roscommon. Lands of Macmoyne,
in the Barony of Boyle containing oa. or. 2ip.
2. Registered Owner Walter Walsh. Folio number
2052. County Waterford. Lands of Moyng in the
Barony of Decies within Drum containing j6a. ir.
7P-
3. Registered Owner Gregory Lancaster. Folio
number 2357. County Carlow. Lands of Kildavin
in the Barony of St. Mullins upper, containing
913. 3r. 25 p.
4. Registered Owner Mary Garry. Folio number
4338. County Kildare. ija. 3r. 25p., 2a. ir. jp.,
and 2oa. or. 2op. of the lands of Grangeclare West,
Ballyteige North and Ballyteige North (one un
divided 41 st part) respectively, all situated in the
Barony of Connell and County of Kildare.
5. Registered Owner Emma White. Folio number
1627. County Dublin. Lands of Redcowfarm in the
Barony of Uppercross containing 2a. or. i6p.
Printed by Cahill and Co., Lid , Parkgale Printing Works, Dublin