The Gazette 1949-1952

THE REGISTRY Register A

Appeal out o f time—Error o f Counsel In re Macadam (1951, All E.R. 659), the English Court of Appeal had to decide on an application for an extension of the time for an appeal from the High Court in a bankruptcy matter. The relevant rule provided that subject to the power of the Court o f Appeal to extend the time under special circum­ stances, no appeal lay to the Court of Appeal after the expiration of 21 days. The applicants, therefore, had to justify their application for an extension of the time for appealing by showing the existence of special circumstances. The facts were that on January 23rd the Divisional Court dismissed an appeal from the order o f the County Court Judge, giving leave to appeal to the Court of Appeal. During a casual conversation after the hearing, the solicitors for the applicants raised the question o f the time allowed for an appeal, and counsel, in error, suggested the period was six weeks. On February 22nd the solicitors attempted to lodge notice of appeal which was refused, having regard to the terms o f the rules. On the hearing of the application for an extension, the Court of Appeal referred to in Re Coles & Ravenshear (1907 1 K .B . 1), in which it had been decided that a mistake on the part of legal advisers of the would be appellants should not be regarded as special circumstances for the purpose of an extension of time. In view, however, of the fact that the applicants were the trustees of a settlement, and that there might be persons other than the bankrupt interested under the settlement, the fact that the property remained vested in the trustees so that nobody was the worse off for the mistake, coupled with the fact that counsel for the trustee and bankrupt did not press very strongly for the rejection of the application, the Court decided to find that there were special circumstances which would justify them in granting the application sought, on the terms that the applicants should pay the costs.

Experienced court clerk required next September. Applica­ tions, in writing, stating experience and salary expected to Messrs. D. & T. Fitzgerald, 30 Anglesea Street, Dublin. Old established lucrative practice for sale in thriving town in South of Ireland with surrounding populous farming district. Premises, goodwill, office equipment, etc. Box No. A126. REG ISTRATION OF T IT L E ACTS, 1891 and 1942 NOTICE Folio 19603 C ounty T ipperary R egistered O wner : M ichael H effernan An Application has been made by the Registered Owner to the Registrar of Titles for the issue of a Certificate o f Title in substitution for the Certificate specified in the Schedule hereto, which, it is alleged, has been lost or inadvertently destroyed. The Registrar of Titles will issue a duplicate Certificate unless he is notified within 28 days from the date of this Notice that the said Certificate of Title is still in existence and in the custody o f some person other than the above named Registered Owner. Any such notification should state the grounds on which the Certificate in question is being held. Dated-this 29th day of July, 1950. J oseph O’B yrne , Registry of Titles. Land Registry, Central Office, Chancery Street, Dublin. S chedule above referred to Land Certificate of Michael Heffernan to 4a. 1 r. op. o f the lands of Deerpark (E. D. Shronell) situate in the Barony of Castlewilliam and County of Tip­ perary being the lands No. 1 comprised in said Folio.

Printed by Cahill & Co., Ltd., Parkgate Printing Works, Dublin.