The Gazette 1949-1952

Lawyers’ English

The writer as a young solicitor had to peruse a

hotel lease for the intending lessee and soon saw

that about half o f its words could be struck out

without affecting its sense one jot.

This is a fair

sample o f what he read :— “ and also will allow the

lessor or any person or persons appointed by the

lessor with or without workmen, surveyors, archi

tects and others at any reasonable time or times in

the daytime during the said term to enter into and

upon the said leased premises or any part or parts

thereof and to view, inspect and examine the state

and condition thereof—and o f all defects, decays

and wants o f painting, papering, graining, varnish

ing, colouring, distempering, reparation or cleans

ing—to give notice in writing to the lessee to repair,

uphold, support, maintain, paint, paper, grain,

varnish, colour, distemper, cleanse and amend the

said hotel and premises, fixtures, and fittings, etc.”

Thereupon he was seized with an ardent desire both

to purify the literature o f hotel leases and (by the

removal o f so many folios) to enable his. client, the

lessee, to save almost the whole of the first week’s

rent. In his uplifted state he interviewed the lessor’s

solicitor, a venerable man, who viewing him more

in sorrow than in anger, remarked that he had used

that form of lease for thirty-five years and never

before had it been questioned, and quietly added

that if the lessee objected he would not get a lease.

There was nothing more to be said though the

writer recalls having fought strongly but in vain a

rear-guard action to strike out by way o f com

promise the word “ distempering.” In the end he

retreated hurriedly fearing lest the lessor’s solicitor

might add to the surveyors, architects and others,

that were to accompany the lessor on his inspection,

bricklayers, plumbers, painters, plasterers, and a

host of others too numerous to mention except in a

hotel lease. It is surprising that the writer shortly

after this encounter should himself have prepared a

deed with the words, “ convey, grant, assign, set

over and transfer,” and thought himself profession

ally humiliated when a foreign consul to whom he

applied to legalise the document refused to do so

until he had struck out all the words except “ trans

fer,” and otherwise trimmed the document’s

luxuriant verbiage. All o f which goes to show that

to reform oneself is harder than one imagines.

—(Law Institute Journal, Victoria).

Unincorporated Society—Right o f Audience

In the Animal Defence and Anti-Vivisection

Society v. Inland Revenue Commissioners (66

T.L.R. 1 1 12), the Society appealed from the decision

of the Special Commissioners for Income Tax,

which held that it was not a charitable body for

income tax purposes. When the appeal was called,

a member o f the Society who was not a barrister or

a solicitor, stated that she appeared for the Society

o f which she was President and founder. She had

pleaded the case for the Society before the Special

Commissioners o f Income Tax. Counsel for the

Crown raised a preliminary objection that she had

no right of audience. Mr. Justice Romer said that

litigants can only appear in Court by Counsel except

where a litigant appears in person, but that in this

case the appealments did not appear in person but

sought to appear by one of their members. A

resolution had been passed empowering three of the

members generally to represent the Society in

financial matters, but that did not touch the present

point which was whether the Court can give audience

to an unincorporated Society through the mouth

piece o f one o f its members. In his judgment this

case was not an exception to the general rule that

litigants, other than litigants in person, can only

have their cases presented by Counsel.

The case was adjourned to enable the Society to

engage Counsel and Solicitors.

LIBRARIAN OF THE SOCIETY

Mr. Thomas B. Cooley, who entered the service

o f the Society in 1908, and has been Librarian since

1916, signified his wish to retire. The Council

accepted his resignation with regret and wish to

place on record their appreciation o f his long and

faithful service to the Society. Mr. Colum Gavan

Duffy, M.A., has been appointed Librarian in place

o f Mr. Cooley. Mr. Gavan Duffy was admitted in

Hilary Sittings in 1938, and holds the Librarian’s

Diploma of University College, Dublin.

THE REGISTRY

Section C.

uilding

and

wanted in parcels 3 to 100 acres, in the vicinity

of Dublin. All services must be available. Box No. C.127.

anted

Irish statutes, 1922-1943 or earlier. Ryland’s

Digest,

1929-1938. Box No. C.128.

artnership

W. S.

arrett

Solicitor, of 15 Sth. Frederick Street,

Dublin and Mr. Herbert MacNeice, Solicitor, formerly

practising as R. W. McNeice & Son, of 12 Westmoreland

Street, Dublin, have entered into Partnership under the style

of Barrett and McNeice, at 15 Sth. Frederick Street, Dublin.

Telephone: 62471/66887.

eward

offered for the discovery of the last Will of Edward

Kirk, Wagon Builder, late of 27 St. Columba’s Road, Dublin,

and 6 O’Connell Avenue, Berkeley Road, Dublin, and formerly

of Ednagreena, Co. Louth. Said Will was made prior to

January, 1941. Brendan Breathnach, Solicitor, Dundalk.