135 / 228
STATUTORY COMMITTEE
THE following is the Statutory Committee appointed
by the Chief Justice pursuant to Section 34 of the
Solicitors'
(Ireland) Act,
1898 :
Messrs. Henry
St. J. Blake (Chairman), Patrick R. 'Boyd, John B,
Hamill, William
). Norman, Scan 6 hUadhaigh.
Daniel O'Connell, G. Acheson Overend.
EXCHANGE CONTROL ORDER,
1947
The attention of solicitors
is directed
to
the
Exchange Control Order, 1947, No. 394 published
by'the Government Publications Office, 3/4 College
Street, Dublin.—Price 4d. The following directions
were published
in
the morning newspapers on
January^ I3th :
Securities
1. Holders of securities of the following kinds
are reminded that in accordance with the above-
mentioned Order and the Exchange Control Order,
1947
(Supplemental Provisions)
(No.
i) Order,
1947. they are obliged, as from the ijth January,
1948. to cause them to be kept at all times in the
custody of a Bank in the State, except when they
are withdrawn with the permission of the Minister
for Finance'for a lawful purpose :
(1) Securities transferable by means of bearer
certificates ;
(2) Securities registered outside the State on
which interest or dividends are payable by
coupon ;
(3) Securities registered outside the Scheduled
Territories ;
(4) Securities
registered
in
the
Scheduled
~"
Territories which can be transferred to or
in
a
register
outside
the
Scheduled
Territories.
2.
In general such Securities must be physically
deposited with a bank in the State, but Securities
which are at present on deposit in a bank or other
institution outside the State need not be imported
provided arrangements are made to have them held
to the order of a bank in the State.
3. Letters of allotment or rights and securities
on which interest or dividends have not been paid
for at least 30 years have been exempted and need
not be deposited.
4. A period of grace of ONE MONTH from the
15th January has been allowed by the Minister for
Finance for compliance with this requirement of the
Exchange Control Order.
FOR FURTHER INFORMA
TION A BANK SHOULD BE CONSULTED.
5. REGISTRARS OF IRISH COMPANIES are reminded
that on and after the ijth January they may not
issue, or register the transfer of, ANY SECURITY
WHATSOEVER unless
the appropriate declarations
as to the residence of the parties to the transfer
are given or Permit C is produced indicating that
the permission of the Minister for Finance has been
obtained. For further information Notice I.C. No. i
issued by this Department and obtainable from any
bank, should be consulted.
NOTE :
THE SCHEDULED TERRITORIES
are :—
Ireland, the United Kingdom and its dependent
territories, the Commonwealth of Australia and its
dependent territories, New Zealand and its de
pendent territories, the Union of South Africa and
South West Africa, India, Pakistan, Palestine, Iraq,
Transjordan, Iceland, the Faroe Islands, Burma and
Ceylon.
Roinn 'Airgeaclais.
13 Eanair, 1948.
PROFESSIONAL ITEMS
IN Beard /'. Porter (63 T.L.R. 543) the defendant
had agreed to sell to the plaintiff a dwellinghouse
which at the material time was occupied by a tenant
who was entitled to the protection of the Rent
Restrictions Acts. The house was sold subject to
the tenancy but in the contract, in which it was stated
that the purchaser required the premises as a personal
residence, the vendor (somewhat rashly it may be
thought) undertook that the purchaser would be
given vacant possession of the house on a date
specified, which was later than the date appointed
for completion.
The purchase was completed in
accordance with the contract, and the purchase
money was paid over, but when the date arrived on
which the purchaser was to be given possession
of the premises, the tenant declined to vacate them
and relied on his rights under the Rent Restrictions
Acts.
The purchaser was compelled to incur the
expense of taking lodgings until he could obtain
another house which he subsequently purchased.
In an action against the vendor for damages he
was awarded a sum of £1,078 135. od. made up of the
following four items (i) £980 being the difference
of the value of the first house with vacant possession •
and its value subject to the tenancy, (2) the solicitor's
charges incurred by the purchaser in connection
with the purchase of the second house namely
£52 18s. od., (3) ad valorem stamp duty in con
nection with the second purchase £30, (4) payments
made in respect of board and lodging by the pur
chaser £15 155. od. On an appeal by the vendor
against the amount of the damages the Court of
Appeal were unanimous in allowing items (i) and
49