The Gazette 1976

GAZETTE

March 1976

Court allowed bail in a murder case. In Mridah v. State (1973) 26 Dacca L.J., the High Court of Bangladesh held that, as arrest and detention on mere suspicion without any material to connect the persons arrested with the crimes suspected was beyond the powers given by the Scheduled Offences Order, 1972, which in any case could not claim any higher status than the Constitution itself and consequently the detention orders were set aside. The Supreme Court in India has quashed a detention order because inordinate and unexplained delay in considering the representation made by the detainee against his detention infringed his right to representation under the Indian Con- stitution. ( Samblin Kar v. West Bengal, A.I.R., 1973.) These examples will show the throughness with which the learned outhors in each chapter have un- earthed even the most distant decisions. The value of such a readily available volume to the vital decisions in Commonwealth countries is incalculable. The authors have carried out their intricate research with their accustomed high standard, and the lay-out leaves nothing to be desired. This series is invaluable to all students of Comparative Law. The purpose of this book is to help English speaking readers to gain a better understanding of the Com- pany Laws of Western Europe. Apart from Britain and Ireland, not only are the seven Continental Member States of the European Community covered, but also Austria, Liechtenstein, Spain, Sweden and Switzerland, which makes the volume really compre- hensive. We are indebted to Mr. Damien Kelly, Solicitor, for a useful summary of Irish Law of 10 pages. Mr. Kelly has been unduly humble, as, unlike the other writers, he has not given us a full account of his previous achievements; admittedly, Mr. Thomp- son, in dealing with United Kingdom Company Law, had simplified his task. An expert has written each chapter in relation to his own country, and the headings like "Rights of Members" and "Manage- ment" are clearly set out. Company lawyers who transact business with their European colleagues will find this book indispensible. CLERK, J. F. and W. H. B. LINDSELL, The Law of Torts. 14th edition under the general editorship of Sir Arthur L. Armitage and R. W. M. Dias. London: Sweet and Maxwell, 1975. ccssv, 1269p. Price £30.00. When the original authors first published this work in 1896, it is doubtful whether they thought of the tremendous subsequent success which their work inspired. Sir Arthur Armitage had been the editor of the 13th edition in 1969, and it is remarkable that despite the subsequent English legislation and case law, the current edition is no longer than its pre- decessor. For instance the chapter on Principles of Liability in Tort by Dr. Dias has been rewritten. An interesting remark (p. 11) based on recent case law is that the Courts appear readier to countenance new invasions of the sanctity of one's body and physical property than purely pecuniary interests. In — Lotus FROMMEL, S. N. and J. H. THOMPSON, eds. Company Law in Europe. London: Kluwer-Harrap Handbooks, 1975. xiii, 669p. Price £19.00.

BOOK REVIEWS TEMPERLEY, R. The Merchant Shipping Act. 7th edition by Michael Thomas and David Steel. London: Stevens, 1976. ci, 1001 p. The 6th edition of this learned work was published 13 years ago, in 1963. Ever since Judge McNair helped Mr. Temperley with the 3rd edition in 1927, this work has acquired authority, as in Part it analyses with notes section by section the 742 sections of the Merchant Shipping Act 1894, with schedules still in force. After that, all the more modern Acts relating to shipping that apply in England from the Maritime Conventions Act 1911 and Pilotage Act 1913 to the Merchant Shipping Act 1974, are set out in similar fashion. In this connection it should be noted that the Irish Safety and Loan Lines Conventions Act of 1933 closely follows the British Act of 1932, The Irish Merchant Shipping (Amendment) Act 1939, dealt with miscellaneous matters, such as the power of the Minister to prescribe fees. The Irish Merchant Ship- ping Act 1947 corresponds to the British Act of 1948, and gives effect to the scheduled International Mari- time Convention of Seattle. The Irish Merchant Ship- ping (Safety Convention) Act, 1952, gives effect to the International Convention for the Safety of Life at Sea of London (1948) and corresponds to the British Act of 1949. The Irish Mercantile Marine Act 1955 pro- vides in modern form for the ownership and registry of Irish ships and for the mortgage sale and transfer of such ships; it repeals Part I of the 1894 Act. The Irish Pilotage (Amendment) Act 1962, makes a few changes to the 1913 Act. The Irish Merchant Shipping Act 1966 gives effect to an International Convention for the Safety of Life at Sea of London (1960), and corresponds to the British Act of 1964. The Merchant Shipping (Load Lines Convention) Act 1968 gives effect to the International Convention on Load Lines of London (1966) and corresponds to the British Act of 1967. It will thus be seen that this well known textbook, which has been so expertly brought up to date in this edition, will be of considerable use to Irish practitioners. This is the tenth volume of this famous series pre- pared under the auspices of the British Institute of International and Comparative Law, and of the Faculty of Law of Oxford University in the Bodleian Library, Oxford. As usual, no less than 21 topics are covered by different experts, including Family Law, Land Law, Torts, Contract, Commercial Law, Labour Law, Company Law and Criminal Law. In English Constitutional Law, the House of Lords decision in British Railways Board v. Pockin — (1974) 1 All E R — in which the Courts expressed concern that they should not invade parliamentary privilege is fully noted. In Geelong Harbour Commissioners v. Gibbs Bright — (1974) 2 All E R — the Privy Council held that the Australian High Court can decide cases for itself, without following decisions of the House of Lords. In India, the Supreme Court expectedly re- jected the contention that detention under the Main- tenance of Internal Security Act 1971 was unlawful (Bhut Nath v. West Bengal, A.I.R., 1974.) In R. v. Holcomb (1973) 6 N.B.R., the New Brunswick Supreme Annual Survey of Commonwealth Law, 1974. London: Butterworth, 1974. xcii, 777p.

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