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freehold estate provided
that the
title should
commence "with an
indenture dated
the 18th
October, 1845", and made between persons whose
names are mentioned, and that the earlier title
should not be investigated or objected to. From
the abstract of title delivered by the vendors to
the purchaser it appeared that the deed of 1845
was a conveyance by a person, who purported to
be the absolute owner, of freehold and leasehold
property to trustees, on trust for himself for life,
and after his death on trust to sell the property
and to hold the proceeds of sale on
the trust
declared by a deed of even date. An expressed
power was reserved to the grantor to revoke the
trust. The deed was a voluntary one, except for
the consideration which resulted from the liability
assumed by the trustees in respect of the lease
hold :—
Held, by Fry, J., and by the Court of Appeal,
that, in-as-much-as the fact that the deed of
1845 was a voluntary one it would influence the
purchaser in determining whether he would agree
to accept a title commencing within forty years,
the vendor ought to have stated in the conditions
of sale the nature of the deed; that the omission
to state this rendered the condition a misleading
one; where the purchaser was not bound by the
contract to accept a title commencing with that
deed.
By a deed executed in 1858 (after the death of
the settlor) the trustees conveyed the property to
a purchaser for value. This deed contained a
recital, not being shewn
to be
inaccurate was
conclusive evidence that the deed of 1845 had not
been revoked either by an exercise by the settlor
of the power of revocation, or by a sale of the
property by him for value during his lifetime.
During the course of the report at page 15 Fry,
J., observed :—
"Is not the objection that, when you limit the
purchaser as to the length of title which he is to
have, you ought to tell him if you intend to start
with a voluntary deed? A vendor should give full
information to the purchaser; he ought to state
that which, if it is not stated may, make thar
which he does state ambiguous or misleading; in
re Banister (12 Ch. p. 131).
REDUNDANCY PAYMENTS BILL, 1967
The Redundancy Payments Bill which is before
the Oireachtas at
the date of going to press
provides for :—
(a) a scheme of redundancy payments for wor
kers and
(b) a scheme of resettlement allowances for re
dundant- and other unemployed workers who
may have to move from their home areas to
secure employment.
The redundancy payments scheme will apply to
workers who are employed in employment which
is insurable for all benefits under the Social Wel
fare Acts, with the following exceptions :—
(a) Part-time workers.
(b) Workers who are under 18 or over 65 years
of age.
An employee will be taken as having been dis
missed because of redundancy if
the whole or
main reason for his dismissal is the fact that the
job for which he was employed has ceased or is
about to cease to exist [section 7 (2)]. Dismissal
due to misconduct will not constitute redundancy
(section 14).
Solicitors will be
interested
in
this Bill as
employers of labour and members would be well
advised to procure a copy of the Bill and of the
Explanatory Memorandum which sets forth the
objects and provisions of the Bill in detail.
FINANCE (MISCELLANEOUS
PROVISIONS) BILL, 1967
The Bill was introduced by the Minister for
Finance
to amend the law relating
to Inland
Revenue and to make further provisions in rela
tion to finance is available from the Government
Publications Sales Office, price 2/6.
The first nine sections of the Bill provide for
the change from Special Commissioners to Appeal
Commissioners. The Bill implements the recom
mendations of the Income Tax Commission that
the functions of the Appeal Commissioners should
be appellate only. Heretofore the Special Com
missioners had exercised certain administrative
functions and had, in fact, made certain assess
ments. It is now provided that the Appeal Com
missioners should exercise an appellate function
only and would be thus further removed from
the enforcement side of the Revenue. The first
Appeal Commissioners will be the two Special
Commissioners. All the administrative functions
carried on by the Special Commissioners are to be
transferred to the Revenue Commissioners who
will also cease to be as they are at present ex
officio Special Commissioners.
Section 4 provides for the limiting of time in
which assessments must be made in the absence
of fraud or mistake, a like provision and time
limit (ten years) is made in relation to repayment
claims. Part IV of the Income Tax Act, 1967 is
amended by Section 7 which contains relieving
provisions
in relation
to
the taxation of rents.
Relief is now given where a person has property
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