The Gazette 1961 - 64

that he was so confused and deficient in reason that he was incapable of forming the necessary intent, and that he was guilty but insane as he was suffering from a disease of the mind within the M'Naughten Rules. The judge had put the third defence to the jury, but not the first or second. Held, on appeal, that the course taken by the judge was right and that no alternative verdict of manslaughter was open (Bratty v. Att. Gen. for Northern Ireland (1961) 3 W.R.L. 965 ; 105 S.J. 865 ; (1961) 3 All E.R. 523, H.L.) Criminal law—summing-up—issue of provocation not left tojury. (Homicide Act, 1957 (5 & 6 E/i%. z, c. n), ^.3) If in a trial on a charge of capital murder contrary to 3.5 (i) (b) of the Homicide Act, 1957, evidence is given on which the jury might find such provocation as would reduce the crime to manslaughter under s. 3 of the Act, the judge must direct the jury that the alternative verdict of manslaughter is open, and leave the question of provocation to the jury, even though the defence did not seek to raise the defence during trial. The appellant had shot his father-in-law in the course of gang warfare between his and another family. His defence was that he had shot his father- in-law by mistake, having meant to shoot at two members of the rival gang who were attacking his father-in-law in his own home. Neither party sug gested that a verdict ofmanslaughter might be given, and there was not a word in the appellant's evidence to suggest in terms that he had been provoked. No reference to manslaughter was made in the summing- up to the jury, which convicted of capital murder. On appeal, held that as the alternative verdict was open on the facts it should have been explained to the jury and the question of provocation should have been left to them, and as the jury might have returned a verdict of manslaughter tha t verdict should be sub stituted : R. v. Porritt (1961) 3 All E.R. 463. C.C.A. THE REGISTRY Register A ASSISTANT SOLICITOR BANK'S LAW AGENT (Dublin) has vacancy for an Assistant Solicitor, aged under thirty. Good knowledge of conveyancing essential. Initial salary according to experience, but not less than £800. Reply (in con fidence), stating age and details of education, qualifica tions and professional experience to Box A. 191.

Would any Bank, Solicitor or other person, -who may have any knowledge of the whereabouts of the documents kindly communicate with Fred Sutton & Co., Solicitors, 52 Dame Street, Dublin.

IN the Goods of MARIE J. PAINE, late of Norval, Croswaithe Park, Dun Laoghaire, Co. Dublin, deceased who died at Bloomfield, Donnybrook, Dublin, on the 6th January, 1962. If any person is aware of a Will of the deceased subsequent to the igth April, 1947, will they please communicate with John P. A. Hooper & Co., Solicitors, Royal Bank Chambers, 102 Upper George's Street, Dun Laoghaire, Co. Dublin. 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 sub stitution 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 3ist day of January, 1962. D. L. McALLISTER, Registrar of Tides

Central Office, Land Registry, Chancery Street, DUBLIN.

SCHEDULE.

1. Registered Owner Most Reverend Michael Fogarty and others. Folio number 329. County Clare. Lands of Caherhurley in the Barony of Tulla Upper containing 8a. 02. 2p. 2. Registered Owner George A. O'Toole. Folio number 6017. County Kildare. Lands of Carbury in the Barony of Carbury containing oa. or. 2$p.

Register C Folio Eetate of the late Miss PHYLLIS MURRAY, Barrcttstown Castle, Qumber 2722. County Donegal. Lands of Munter- r^^-^Sa^^^^^o^to^ «nny in the Barony of Raphoe North, containing the original title deeds of the Barrettstown Castle Estate. 39a. or. I2p. 75 ^ Registered Owner Robert Eaton.