159 / 216
May, 1943]
The Gazette of the Incorporated Law Society of Ireland
13.
Patrick I. Pettit.
14.
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
\ -,,
,
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
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