The Gazette 1961 - 64

have any knowledge of her condition. In an action in which the sole issue was damages she was awarded £15,000 general damages, £879 i8s. nd. special damages for loss of earnings, £2,000 damages for loss of future earnings and £400 damages for loss of expectation of life. No claim was made for damages for pain and suffering. The defendants appealed on the issue of the quantum of the damages and it was held by the Court of Appeal (Sellers and Upjohn L.JJ., Diplock L.J. dissenting) that general damages must be assessed on an objective basis and should be in the nature of compensation for the injury suffered so far as money was appropriate thereto. The fact that the plaintiff would never be able to enjoy personally her award for damages and was ignorant of the loss suffered due to her condition were both irrelevant. In the circumstances the award of general damages made by the trial judge was upheld. It was further held that in assessing future loss of earnings it was wrong to take into account sums which the plaintiff would have earned during the normal span of her life had it not been shortened by injury and that, therefore, the award under this head should be reduced to £1,500. (1962 i Q. B., page 638). Application for Appointment of a Receiver by way of Equitable Execution: "Local Government (Superannuation} Act, 1956 : District Court Decree. A plaintiff obtained a decree in April 1962 in the Dublin Metropolitan District Court for the sum of £22 I2S. 2d. representing the debt and £3 145. 6d. costs making the total sum due on foot thereof £26 6s. 8d. The plaintiff subsequently learned that the defendant had given notice to Dublin Cor poration, his employers, to terminate his employment with them with the intention of going to England and that he v/as entitled to a refund from the Corporation of contributions paid by him to the superannuation fund. The plaintiff made an applica tion to the Circuit Court for the appointment of a receiver by way of equitable execution over a sum representing the amount which would be payable to the defendant, returnable to him under section 44 . of the Local Government (Superannuation) Act, 1956. The application had to be brought in the Circuit Court as the District Court has no power to appoint such a receiver. The Circuit Court judge in dealing with the application referred first to the effect of section 61 of the Act above referred to which makes void any alienation of the pension payable by a local authority and he stated that he felt inclined to hold that any sum payable by a local authority under the Act came within section 61 and that the section was not confined merely to pension payments. The decision was given, however, on the general question

of the powers of the court and the judge held that the order sought was a method of executing a judg ment and by reference to definitions 4, 8 and 9 given in the Circuit Court Rules 1950 he felt compelled to hold that the word "judgment" meant a judgment of the Circuit Court only, in this context. The application was therefore refused. (The facts of this case were kindly supplied by a member). OBITUARY MR. WILLIAM E. CHAPMAN, Solicitor, died on the 22nd August, 1962. Mr. Chapman served his apprenticeship with the late Mr. A. S. McCoy, Waterford, was admitted in Michaelmas sittings 1913 and practised at 22 O'Connell Street, Waterford. PARTNERSHIP in old-established and expanding practice in town near provincial city. Energetic young solicitor with some experience sought. Please reply, with fullparticulars to Box No. Aig6. ASSISTANT SOLICITOR required for the undersigned city firm. Fullparticulars from S. S. & E. Reeves & Sons, 51, Merrion Square, Dublin, z. Register C Re MICHAEL MANGAN, deceased. Will any Solicitor or other person who drew or has possession of any Will of Michael Mangan, late of The Lots (or Knocknagoshel West), Knockna- goshel, County Kerry, farmer, who died on the 25th February, 1962, please communicate with Messrs. Maurice J. Woulfe & Son, Solicitors, Abbeyfeale, County Limerick. The deceased was a patient in hospital in Cork from 1957 to 1959. 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 Certifictaes, 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 available REGISTRATION OF TITLE ACTS, 1891 AND 1942 THE REGISTRY Register A.