149 / 364
Oliver D. Byrne, John McC. Cussen, B.C.L.;
Thomas F. Figgis, B.A.; Patrick Fitzgibbon, Jnr.;
Robert M. Flynn, William O. H. Fry, Brian Gartlan,
Derek H. Greenlee, James W. Houlihan, Michael
J. D. Mangan, Paul M. McLaughlin, Donnchaclh
0 Buachalla, Michael O'Driscoll, Malachy J. O'Kane,
B.A.; Stephen T. Strong, Jonathan P. Thompson,
B.A. (Mod.), D.P.A.
35 candidates attended; 21 passed.
The Centenary Prize was awarded to Simon C. K.
Quick, M.A., LL.B., B.Comm.
At the Second Law Examination for apprentices
to solicitors held on the 6th and yth clays of Septem
ber the following candidates passed :
Passed with merit:
i. William B. R. B. Somerville.
2. Brendan J. McDonnell.
3. Brian J. Magee.
4. Hugh B. J. O'Donnell.
Passed:
Francis D. Daly, Felicity M. Foley, Paul
D. Guinness, B.A.; John B. Harte, Ric
hard V.
Lovegrove, Matthew J. Mitchell, B.A.,
L.Ph.;
Joseph P. Moloney, Cornelius L. McCarthy,
B.C.L.;
Kieran McDermott, John C. O'Donnell, Dermot G.
O'Donovan, Joseph M. B. O'Meara, B.C.L.;
Eleanor A. O'Rourke, B.C.L.; Anne R. O'Toole,
John James Tully.
33 candidates attended ; 19 passed.
The Patrick O'Connor Memorial Prize for 1965
was awarded to Francis D. Daly.
At the Third Law Examination for apprentices to
solicitors held on the 8th, 9th and loth days of
September, 1965, the following candidates passed:
WiUiam S. Barrett, Arthur F. Callanan, John F. M.
Darley, Yvonne pagan, B.C.L.; Patrick J. Farrell,
B.C.L.; Finola M. Foley, Sarah M. Gallivan,
B.C.L.;
John Gore-Grimes, B.A.; Anthony
Gordon Hayes, John B. D. Lacy, B.C.L.; Robert
T. R. McDowell, B.A.; Dermot G. O'Donovan,
Cyril M. Osborne, Anna M. O'Shea, Gordon J.
Ross, Rebecca Sweeney, Brian G. McD. Taylor,
Brendan D. Walsh.
24 candidates attended ; 18 passed.
By Order,
ERIC A. PLUNKETT,
Secretary,
Solicitors' Buildings,
Four Courts, Dublin 7.
ijth October, 1965.
THE REGISTRY
Register C
LOST WILL. Information is sought as to the whereabouts of
the Last Will and Testament of Mrs. Kathleen O'Driscoll,
8 Rockgrove Terrace, Lower Road, Cork who died on or about
July i8th, 1965. Please apply to the undersigned.
Gerald Y. Goldberg & Son, Solicitors, Library House,
Pembroke St., Cork.
MARY RICE, late of 66 Reuben Avenue, South Circular Road,
Dublin, Widow, died on the i6th September, 1965. Would
any person holding a Will of the deceased please communicate
with Ernest Kcegan, Solicitor, 66 Fitzwilliam Square, Dublin.
CASES OF THE MONTH
Evidence—contemporaneous statement by plaintiff to third
party
It is not the law that the credibility of a witness's
statement can be confirmed by evidence of a state
ment to the same effect made by him during the
continuance of the events to which it relates.
In an action in which the question arose whether
X had agreed to accept £3,500 to buy her out of a
partnership or had merely accepted it on account of
what was due to her out of the proceeds of the
partnership assets, held that as her intention in
accepting £3,500 of the money was not an issue in
the case, a statement by her to her daughter, not in
the other party's presence, but during the alleged
transaction, was not admissible.
(Spittle
v.
Spittle (1965) i W.I.R. 1156, Penny-
cuick J.)
Collision of ships—apportionment
A collision occurred in the narrow entrance
channel to the port of Dublin between the plaintiffs'
and the defendants' vessels, both inward-bound. The
plaintiffs' motor-vessel, the
Monte Arucas,
overtook
the defendants' steamship, the
Slieve More,
and
proceeded towards the bar buoys where its engines
were stopped for about four minutes. As soon as
the pilot boarded her, the engines were put full
ahead and the
Monte Arucas
continued up channel in
or about mid-channel. The
Slieve More
maintained
speed and in attempting to overtake came so close
to the
Monte Arucas
that its bows sheared into the
motor-vessel's side. Held, (i) that in the absence of
a port of Dublin by-law providing for it, the
Slieve
More
was not obliged to signal when overtaking;
that the
Slieve More
should have reduced speed when
she saw the pilot boarding the
Monte Arucas
and
stopped her engine when the vessels were partially
overlapping or before; that the
Monte Arucas
was
not in fault in increasing speed ;
(2) that, although
the look-out on the
Monte Arucas
could be criticised,
the real cause of the collision was the
Slieve More's
attempt to pass at too close a distance and the
defendants were solely to blame.
The
Slieve More
(1965)
2 Lloyd's Rep. 138,
Hewson J.
Contract—intention to create legal relations
A general contract, proposing to tender for the
construction of a highway, negotiated with a sub
contractor for excavation work. There was an oral
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