The Gazette 1958-61

STATUTES OF LIMITATIONS, BILL 1954 ADMINISTRATION OF ESTATES BILL, 1957 The attention of members and apprentices is drawn to the advertisement on page 2 of the sale of the above mentioned bills at the Government Publications Sales Office. Members when ordering should specify the bills as passed by both Houses, not the Acts. The Statutes of Limitations Bill contains a number of valuable marginal notes and references which do not appear in the Act. The Administration of Estates Bill is accompanied by a very useful explanatory memorandum prepared by the Department of Justice for members of the Dail and Seanad. Both these publications will be of great assistance to students and practitioners and the texts of the bills are of course the same as the statutes as enacted. REGISTRATION OF TITLE ACTS, 1891 AND 1942 Notice Folio 3767 City of Dublin Registered Owner—Margaret Alice Atock. The Registered Owner has applied for a Duplicate of the Certificate of Title specified in the Schedule hereto which is stated to have been lost or inad vertently destroyed. The duplicate will be issued unless notification is received in this Registry within 28 days from the date of this Notice that the said Certificate of Title is in the custody of a person not the Registered Owner. Such notification should stgte the grounds SCHEDULE Land Certificate of Margaret Alice Atock to za. or. op. of the Lands situate in the Parish of Glasnevin and District of Clonturk and City of Dublin being the lands comprised in said Folio. THE REGISTRY Register C SOLICITOR'S GOWN for sale. Excellent condition. £6 accepted. Box C.ij8. on which the Certificate is retained. Dated this I3th day of June, 1959. D. J. McALLISTER, Registrar of Titles.

Mr. W. E. Murphy, B.E., F.R.I.C.S., Chief Valuer, General Valuation Office, wishes to announce that as from ist May he will be with the firm of Messrs. Jackson, Stops & McCabe, Auctioneers, Estate House, 62 Dawson Street, Dublin. A Valuation Department is about to be developed, which we had been asked to initiate and conduct. It is the intention to act as Consultant Valuers in all types of property—with special attention to Rating and Probate Valuations, compensation for property acquired and advice on rental values. DECISIONS OF PROFESSIONAL INTEREST Costs incurred by a successful party are in the discretion of the Lay Commissioners in the Land Commission. The Supreme Court (Maguire, C. J., Lavery and O'Daly, J. J.) held that it had no jurisdiction to award a successful party the costs incurred by him before the Lay Commissioners on account of statutory provisions contained in the Land Acts of 1936 and 1939. Per Maguire, C. J. : It seems to me that the object of s. 2.6 of the Land Act, 1936, and ss. 16 and 17 of the Land Act, 1939, is reasonably clear. Before the enactment of the first of these sections it was apparently considered that whether the objectos was successful or not before the Lay Commissionerr they had no jurisdiction to indemnify him against his expenses or his costs. Sect. 26 of the Land Act, 1936, was intended to remedy this position. It gave to the Lay Commissioners power to award to an objector a sum, by way of compensation, for the expenses incurred by him in bringing the objection. Sect. 26, sub-s. 2, laid down the way in which such money was to be provided. The pro visions of s. 16 of the Land Act, 1939, widened the scope of the provisions of s. 26 of the Act of 1936. The power of the Lay Commissioners to compensate applicants appearing before them was extended so as to include all applicants whatever the nature of the proceedings. Furthermore, by s. 17 power is given to the Lay Commissioners, when parties appear before them to award costs to one party as against another. The fixation of the amount of compensation for expenses is entirely in the discretion of the Lay Commissioners. (In re Estate of Roscrea Meat Products Ltd. 2—(1958) I.R. 138). A. poor plaintiff is strictly bound by an order for security for costs if resident in Northern Ireland, The plaintiff, a widow with 6 children, whos e