The Gazette 1961 - 64

Discretion ofDistrictJustice to refuse to admit a statement. The Supreme Court has held that a District Justice has discretion to refuse to admit a statement, even though it was made voluntarily, if it had been taken in breach of the Judge's Rules. The matter came before the Court in an appeal by Patrick Leavy, Santry, Dublin, from a High Court judgment on a question submitted for its opinion by District Justice Molony of the Dublin Metropolitan area. The District Justice had stated that during the hearing of a complaint against Mr. Leavy of having driven a taxi in a dangerous manner at Malahide Road, Dublin, on December 24th, 1957- Garda J. McCarrick gave evidence that he had asked Mr. Leavy if he were the owner of the car, and who had been driving it when it struck a man on December 24th, 1957, and Counsel for Mr. Leavy objected on the ground that the garda had a duty to caution Mr. Leavy before putting the question. The District Justice allowed the solicitor for the prosecution to examine the garda as to whether at the time he put the question he had made up his mind to prosecute Mr. Leavy. The garda said he had not, as he did not know against whom a prosecution would be taken until he learned who had driven the car on the occasion. The District Justice further stated that having heard submissions on the proposition that the answer the garda attempted to obtain would not be a voluntary statement, decided that the evidence was inadmissible. He accordingly dismissed the summons and he asked if he had been correct in that decision. The High Court held that the evidence was admissible and from that decision Mr. Leavy appealed. The Supreme Court—the Chief Justice, Mr. Justice Kingsmill Moore, and Mr. Justice Walsh— said that the District Justice had discretion to refuse to admit a statement even though it had been made voluntarily if it had been taken in breach of the Judge's Rules. The District Justice had been wrong in law in holding that Mr. Leavy's answer to the garda— whether he had been driving the car—was not a voluntary statement. The case would go back to the District Justice and it would be open to him to receive or refuse the evidence. (Irish Independent, 7th June, 1962.) THE REGISTRY Register A. BARRISTER OR SOLICITOR. Private practice Northern Nigeria Salary to £1,500. Free car, furnished accommodation. Early partnership prospects. Home leave j months after 21 months our. Particulars—Secretary, Incorporated Law Society.

SOLICITOR'S ASSISTANT, male of female, urgently required tot Dublin solicitors' office. State salary required and experience if any. Box A. 195. • . .• • Register B. CONVEYANCING CLERK (24) with approximately two years, experience with London firm requires position as Conveyancing and Probate Clerk in Dublin. Please state salary offered. Box B. 266. Register C. FOR SALE. Halsbury (1912 Edition), English and Empire Digest (1924 Edition), Supplements, 1940/46. Apply Box C. 169. £10 OFFERED by Student for copy of "Principles of Equity" by T. O'Neill-Kiely or for extended loan of same. Box C. 170. REGISTRATION OF TITLE ACTS, 1891 AND 1942 ISSUE OF NEW LAND CERTIFICATE 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 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 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 i7th day of August, 1962. D. L. McALLISTER, Registrar of Titles. SCHEDULE. 1. Registered Owner, John Whelan. County Leix (Queens). Lands of Raheenahoran in the Barony of Mary borough East containing 37a. 3r. 35p. 2. Registered Owner, Ellen Carver. Folio number 3208. County Cork. Lands of Kanturk in the Barony of Duhallow containing 133. 2r. 2ip. 3. Registered Owners, The Irish Land Com mission. Folio numbers 12346 and 9147. County Tipperary. Lands of Castlecranna in the Barony of Owney and Arra containing io4a. or 9p. and '133. 3r. 27p. respectively. ' ;' 4. Registered Owner William Nicholls. Folio number 388 County Leitrim. Lands of Rassaun in the Barony of Carrigallea containing 303. or op. Folio number 4861 (Revised). Central Office, Land Registry, Chancery Street, DUBLIN.

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