The Gazette 1977

APRIL 1977

GAZETTE

sickness for 39 days — Termination invalid - (1976 No. 421P - McWilliam J. - 19/11/76). Hynes v. Garvey.

Gift Chattels — Delivery essential proof— Constructive delivery — Life tenant entering into possession of part of settled property —Life tenant being intended donee — (3/1975 — Supreme Court - 23/2/77). Conner v. Quintan. Presumption Criminal law — Road traffic — User of motor vehicle without insurance — S t a t u t o ry p r e s ump t i on of contravention where unsuccessful demand made under S. 69 for production of insurance policy — Presumption available against owner where unsuccessful demand made to user - Road Traffic Act, 1961, SS. 56, 69 - (66/1976 - Supreme Court - 23/2/77). Lyons v. Cooney. Evidence — Medical report as prima facie evidence — Improperly used as superior to sworn evidence to contrary effect — Descent of medical assessor into arena behind back of appellant — Social Welfare (Insurance Appeals) Regulations, 1952 - Social Welfare Act, 1952, S. 44 - (93/1973 - Supreme Court - 16/2/77). Kiely v. Minister for Social Welfare. Gift inter vivos — Proof —Delivery essential —Life tenant entering into possession of part of house — Intended subjects of gift situate in all parts of house — Constructive delivery — Inquiry as to which chattels existing at time of inchoate gift were situate in life tenant's portion of house at date of constructive delivery - (3/1975 — Supreme Court - 23/2/77). Conner v. Quintan. NATURAL JUSTICE Tribunal PERSONAL PROPERTY Chattels

CRIMINAL LAW Nolle prosequi

Entry — Statute requiring entry to be made prior to indictment being preferred to jury —Whether further prosecution permissible — Whether used as a device to set aside ruling of trial Judge at abortive trial — Criminal Justice (Admin.) Act, 1924, S. 12 - (1976 No. 307 SS - Finlay P. - 4/2/77). The State (O'Callaghan) v. Ó Authority to initiate — Director of Public Prosecutions — Further prosecution after entry of nolle prosequi in former proceedings — Adverse ruling of trial Judge — Further prosecution prohibited — (1976 No. 307 SS - Finlay P. - 4/2/77). The State (O'Callaghan) v. Ó hUadaigh. Prosecution Authority to initiate — Summary charges brought in the name of The People and at the Suit of the Director of Public Prosecutions — No express authority to prosecute given by D.P.P. —District Justice had power to determine charges — Decision of High Court (10/12/76) overruled - (1 / 1977 - Supreme Court - 25/2/77). The People (D.P.P.) v. Roddy. Road Traffic Insurance — User of motor vehicle without insurance — Presumption of contravention where unsuccessful demand for production of insurance policy made under S. 69 of Act — Presumption available against owner where unsuccessful demand made against user — Road Traffic Act, 1961, SS. 56, 69 - (66/1976 - Supreme Court - 23/2/77). Lyons v. Cooney. Tribunal — Natural justice — Medical report as prima facie evidence — Improperly used as superior to sworn evidence to contrary effect — Descent of medical assessor into arena behind back of appellant - Social Welfare (Insurance Appeals) Regulations, 1952 - Social Welfare Act, 1952, S. 44 (93/1973 - Supreme Court - 16/2/77). Kiely v. Minister for Social Welfare. hUadhaigh. Prosecution EVIDENCE Admissibility

SALE OF GOODS Cattle

Intervention price — Contract before announcement of intervention price — Conflict of evidence about whether seller entitled to all intervention price — Seller's version of contract accepted - (1975 No. 1580 - McWilliam J. - 15/12/76). Achates Investment Co. v. Cork Co- operative Marts.

POLICE Dismissal

Recruit — Initial probationary period of two years - Power of Commissioner to dispense with services of probationer during such period — Power exercisable if Commissioner considers recruit physically or mentally unfit or not likely to become efficient and well conducted - Recruit absent through