The Gazette 1964/67

production was injurious to public interest. The validity of the Statutory Instrument to which the doctrine of ultra vires was applicable was also raised. JThe court HELD that: 1. Crown privilege, being a matter of substantive law and not mere practice or procedure, R.S.C. Ord. 24, r. 15,* in so far as it purported to alter (not merely to state) the existing law was ultra vires. 2. In order that Crown privilege should be success fully asserted, the objection must be sufficient in law and must be taken in proper form, that was, in the ordinary way by the Minister himself, on oath, if need be, after considering the documents himself. Lord Denning stated that if it is not taken in proper form, the court can overrule the objection and order production; but before doing so, it will, as a rule, inspect the documents itself in order to determine whether in point of substance their production would be injurious to the public interest. 3. That the objection of a Minister to the pro duction of a class of documents was not conclusive and if the court was of the opinion that it was not taken in good faith or that there were no reasonable grounds for the claim of privilege it would override the objection and order production, but that residual power of the court would only be exercised in exceptional and rare cases. 4. That where a Minister was objecting to all documents in a particular class even though none of them contained any information which, if revealed, would injure the public interest, he should describe the nature of the class and the reason why the documents should not be disclosed. 5. That, although the further affidavit of the Minister was ambiguous and incomplete, on balance, the interests of justice did not require the production of the documents and that accordingly the Minister's objection to their production should be upheld and the appeal dismissed. (In re Grosvenor Hotel, London (No. 2) [1964] 3 IF.L.R., pp. 992-1029.) *There is as yet no corresponding rule in this country, as this principle has been incorporated for the first time in the English R.S.C. 1964. FACSIMILE PROBATE ENGROSSMENTS The Probate Office will accept engrossments of wills made by the Society's document copying service where the original is in typescript or legible manu script. Points to be noted : I. Copies will be made on paper supplied by the Society, dimensions i5"xio" or I3"x8" as appropriate.

2. The engrossment lodged in the Probate Office should be accompanied by an extra paper backing sheet which will be stapled into the grant. 3. The usual certificate that the engrossment is a true copy by the solicitor should either be appended or typed on a separate sheet. OBITUARY MRS. MAUREEN A. GALLEN, Solicitor, died on the 2nd December, 1964, at the Bon Secours Hospital, Dublin. Mrs. Gallen served her apprenticeship with the late Mr. John Hawthorne, 15 Eustace Street, Dublin, was admitted in Easter Sittings, 1934, and practised at 15 Eustace Street, Dublin under the style of Messrs. John Hawthorne & Co. REGISTRATION OF TITLE ACTS, 1891 AND 1942 Issue of new Land Certificate Applications have been received from the registered owners mentioned in the Schedule annexed hereto, for the issue of Certificates of Title in substitution 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 in advertently 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 yth day of January, 1965.

D. L. McALLISTER,

Registrar of Titles.

Central Office, Land Registry, Chancery Street, DUBLIN.

SCHEDULE 1. Registered Limited Owner, MaryAnne Kiernan. Folio number 4017. County Longford. Lands of Monaduff in the Barony of Longford containing 323. 2r. lop. 2. Registered Owner, Richard Recks (Junior). Folio number 8397. County Kings. Lands of Erry 66