The Gazette 1940-44

The Gazette of the Incorporated Law Society of Ireland

May, 1943]

13. 14. Patrick I. Pettit. Patrick J. B. Keane. 15. Charles S. Reddy. 16. Randal Counihan. 17. Joseph G. O'Shea. 18. James H. West. 19. Philip 0. O'Loughlin. 20. Tames Neville

on lease and the vacant lease in proportion to their respective areas. (3) Lessees under leases which expired before the passing of this Act, but which, if thej^ had not so expired, would have been entitled to the benefit of the Act, can, under certain conditions, preserve their rights. It is important to note that the period during which the lessee under such an expired lease is entitled to obtain a reversionary lease is limited to six months from the 27th April, 1943, the date of passing of the Act, and solicitors who may have such leases in their safes would be well advised to inform themselves without delay of the provisions of the Act and their clients' possible rights thereunder. (4) The fact that the lessee under such an expired lease has before the passing of the Act accepted a new lease from his lessor will not of itself deprive him of the benefits of the Act if the terms of such lease are less favourable than those of a reversionary lease. (5) The Court is empowered to presume that buildings erected by the person in occupation of lands were erected in pursu ance of an agreement for a lease, where such lease was in fact subsequently granted, even in the absence of direct evidence of such an agreement. The foregoing does not purport to be a complete summary but it may be sufficient to indicate the im portance of the matter to solicitors, par ticularly having regard to possible loss of clients' rights through lapse of time. Solicitors and Stockbrokers. Where a solicitor in the course of his business instructs stockbrokers to sell stock or shares, the property of a client or other third party, is he liable to indemnify the brokers as principal or is his liability only that of an agent ? This was one of the questions raised in the recent case of Hichens Harrison, Woolston & Co. v. Jackson & Sons (59 T.L.R. 112). The defendants were solicitors who had instructed the plaintiff stockbrokers to sell stock registered in the name of a third party by letter in the follow ing terms :— "Dear Sirs, We enclose herewith certificates for £250 Consolidated Ordinary Stock in the Bristol Waterworks together with blank transfer duty executed. We shall be obliged if you

\ -,, , Paul G.C.I, Wlutsitt/ Ec5 ual -

22. Roderick J. O'Connor. Thirty-two candidates attended; twenty- two passed ; ten were postponed. The Council has awarded a Silver Medal to Brendan P. O'Byrne, B.A.,N.U.I., and Special Certificates to Caleb C. McCiitcheon and Patrick M. K. Johnson. CURRENT TOPICS. Landlord and Tenant (Amendment) Act, 1943. In the March number of the GAZETTE we published a short note entitled " Landlord and Tenant (Amendment) Bill, 1942." This Bill became law on 27th April, 1943. As enacted it bears little resemblance to the measure originally introduced in Dail Eireann which was the subject of the previous note in the GAZETTE. It is entitled " An Act to amend Section 46 of the Landlord and Tenant Act, 1931," and the following is a very brief summary of its main provisions : (1) The definition of a building lease is extended to embrace land situate outside urban areas provided that it was demised under a lease for not less than 20 years. (2) Where a lease (termed a " partly built lease ") would be either a building lease or a proprietary lease but is excluded either by reason of the non- completion of the buildings agreed to be erected thereon, or because some of such buildings were not erected in pursuance of an agreement for the grant of a lease on their erection, the Act provides for the creation of two notional leases, one called the " built on lease," and the other " the vacant lease." The built-on lease, which will comprise so much of the land in the partly built lease, as is covered by buildings and also the land ancillary and subsidiary thereto, will, under certain conditions, ac quire the benefits of part V of the Act of 1931. The rent, covenants and conditions of the partly-built -lease will be apportioned between the lands comprised in the built