The Gazette 1964/67

Oliver D. Byrne, John McC. Cussen, B.C.L.; Thomas F. Figgis, B.A.; Patrick Fitzgibbon, Jnr.; Robert M. Flynn, William O. H. Fry, Brian Gartlan, Derek H. Greenlee, James W. Houlihan, Michael J. D. Mangan, Paul M. McLaughlin, Donnchaclh 0 Buachalla, Michael O'Driscoll, Malachy J. O'Kane, B.A.; Stephen T. Strong, Jonathan P. Thompson, B.A. (Mod.), D.P.A. 35 candidates attended; 21 passed. The Centenary Prize was awarded to Simon C. K. Quick, M.A., LL.B., B.Comm. At the Second Law Examination for apprentices to solicitors held on the 6th and yth clays of Septem ber the following candidates passed : Passed with merit: i. William B. R. B. Somerville. 2. Brendan J. McDonnell. 3. Brian J. Magee. 4. Hugh B. J. O'Donnell. Passed: Francis D. Daly, Felicity M. Foley, Paul D. Guinness, B.A.; John B. Harte, Richard V. Lovegrove, Matthew J. Mitchell, B.A., L.Ph.; Joseph P. Moloney, Cornelius L. McCarthy, B.C.L.; Kieran McDermott, John C. O'Donnell, Dermot G. O'Donovan, Joseph M. B. O'Meara, B.C.L.; Eleanor A. O'Rourke, B.C.L.; Anne R. O'Toole, John James Tully. 33 candidates attended ; 19 passed. The Patrick O'Connor Memorial Prize for 1965 was awarded to Francis D. Daly. At the Third Law Examination for apprentices to solicitors held on the 8th, 9th and loth days of September, 1965, the following candidates passed: WiUiam S. Barrett, Arthur F. Callanan, John F. M. Darley, Yvonne pagan, B.C.L.; Patrick J. Farrell, B.C.L.; Finola M. Foley, Sarah M. Gallivan, B.C.L.; John Gore-Grimes, B.A.; Anthony Gordon Hayes, John B. D. Lacy, B.C.L.; Robert T. R. McDowell, B.A.; Dermot G. O'Donovan, Cyril M. Osborne, Anna M. O'Shea, Gordon J. Ross, Rebecca Sweeney, Brian G. McD. Taylor, Brendan D. Walsh. 24 candidates attended ; 18 passed. By Order, ERIC A. PLUNKETT, Secretary, Solicitors' Buildings, Four Courts, Dublin 7. ijth October, 1965. THE REGISTRY Register C LOST WILL. Information is sought as to the whereabouts of the Last Will and Testament of Mrs. Kathleen O'Driscoll, 8 Rockgrove Terrace, Lower Road, Cork who died on or about July i8th, 1965. Please apply to the undersigned. Gerald Y. Goldberg & Son, Solicitors, Library House, Pembroke St., Cork.

MARY RICE, late of 66 Reuben Avenue, South Circular Road, Dublin, Widow, died on the i6th September, 1965. Would any person holding a Will of the deceased please communicate with Ernest Kcegan, Solicitor, 66 Fitzwilliam Square, Dublin. CASES OF THE MONTH Evidence—contemporaneous statement by plaintiff to third party It is not the law that the credibility of a witness's statement can be confirmed by evidence of a state ment to the same effect made by him during the continuance of the events to which it relates. In an action in which the question arose whether X had agreed to accept £3,500 to buy her out of a partnership or had merely accepted it on account of what was due to her out of the proceeds of the partnership assets, held that as her intention in accepting £3,500 of the money was not an issue in the case, a statement by her to her daughter, not in the other party's presence, but during the alleged transaction, was not admissible. (Spittle v. Spittle (1965) i W.I.R. 1156, Penny- cuick J.) Collision of ships—apportionment A collision occurred in the narrow entrance channel to the port of Dublin between the plaintiffs' and the defendants' vessels, both inward-bound. The plaintiffs' motor-vessel, the Monte Arucas, overtook the defendants' steamship, the Slieve More, and proceeded towards the bar buoys where its engines were stopped for about four minutes. As soon as the pilot boarded her, the engines were put full ahead and the Monte Arucas continued up channel in or about mid-channel. The Slieve More maintained speed and in attempting to overtake came so close to the Monte Arucas that its bows sheared into the motor-vessel's side. Held, (i) that in the absence of a port of Dublin by-law providing for it, the Slieve More was not obliged to signal when overtaking; that the Slieve More should have reduced speed when she saw the pilot boarding the Monte Arucas and stopped her engine when the vessels were partially overlapping or before; that the Monte Arucas was not in fault in increasing speed ; (2) that, although the look-out on the Monte Arucas could be criticised, the real cause of the collision was the Slieve More's attempt to pass at too close a distance and the defendants were solely to blame. The Slieve More (1965) 2 Lloyd's Rep. 138, Hewson J. Contract—intention to create legal relations A general contract, proposing to tender for the construction of a highway, negotiated with a sub contractor for excavation work. There was an oral 45