234 / 244
was an agreement under hand only within the
meaning-of Section 47 (4)
(b)
o f the Act o f 1932
and (
b
) assuming that it was a lease and not a tenancy
agreement it was for a term which would not
necessarily last more than three years and therefore
under Section 52 (2) (
d
) and 54 (2) o f the Law of
Property Act, 1925 it was not required to be under
seal. It was held that an instrument which is void
at law unless under seal and which in fact is not
under seal is not an agreement under hand only,
and therefore if an unqualified person draws or
prepares such an instrument he is guilty o f an offence.
It is immaterial whether the document is called an
agreement or a lease as it is the effect of the document
and not what the parties choose to call it which
matters. I f the instrument was not under seal it
would be invalid in law, but, if it had been under
seal it would have conferred a title on the defendant
to remain in possession o f the premises for 14 years.
(Kushner
v.
Law Society, 1952, I.A .E .R . 404).
THE REGISTRY
Register A .
W
anted
: An experienced Law Clerk for well-known office
in County Tipperary. Will applicant please send on full
particulars and copy references and state salary expected.
Box A. 137.
15 th February—“ Costs o f Execution ”
“ Misrepresentation o f Agent.”
29th February—“ Election Expenses.”
Solicitors’
29th December—“ Sales by a surviving
Journal
Joint-Tenant.” “ Matrimonial Con-
■ nivance.” “ Estate Agents Commis
sion.” “ Compensation for Loss of
Goodwill.”
5th January—“ Revocation Clause in
Will.” “ Repairs to Motor Vehicles.”
“ Dilapidations.”
1 2th January—“ Consent to Surgical
Operation.”
19th January—“ Actions by Spouses
against each other in tort.” “ Re-
Entry by Evicted Person.”
2nd Februar)'—“ Voluntary Transfers
of Property.” “ Permissive but Ex
clusive Occupation.”
9th February—“ Lien and the Right of
Sale.”
1 6th February—“ Recovery of Tax on
Tax Free Annuity.” “ Sealing and
Its Effect.”
8th March—“ Trustees’ Power to De
termine Questions.”
Register B.
Modern I an
S
olicitor
(Lady), experienced seeks appointment, Dublin
„
City. Box B. 159.
Review
Register C.
W
anted
: Millers Probate Practice. State price and condition
Box C. 132.
Register D.
P
roperty
W
anted
.
W
anted
: A farm of about 150 to 200 acres with small
Gentleman’s Residence in good order, in any part of the
Republic, but the land must be of first class quality.
A
llen
& H
alpin
,
Solicitors,
Church Street,
C
avan
.
Irish ’Law
Times and
Solicitors’
Journal
LEGAL LITERATURE
Law Times
—28th December—“ Factory : Meaning
at Law.”
4th January—“ Disagreement of the
Ju ry.”
1 8th January—“ Sir Thomas More The
Lawyer—I.”
1 st February—“ Sir Thomas More The
Lawyer—II.”
8th F eb ru a ry—“ The D e fam a tion
Law
(Amendment) Bill ” —“ Bankruptcy
Quarterly
—Reputed Ownership.”
Review
January—“ Recent Developments in
Doctrine o f Consideration.” “ False
Documents in the Law o f Forgery.”
“ Effect o f Liquidation on Contracts
o f Service.” “ Habeas Corpus Ap
peals.”
5th January— Historical Background
to Charitable Donations and Be
quests Act 1884—I.”
1 2th January—“ Historical Background
to Charitable Donations and Be
quests Act 1844—II.” “ Garnishee
Application Against Co.”
19th January—“ Charitable Bequests—
III.”
26th January— Mens Rea—I.” .“ Ap
plicability of Prerogative Rights.”
2nd February—“ Mens Rea—II.”
9th February—“ Mens Rea—III.”
23rd February—•“ Sportsgrounds Ad
joining Highways.” “ Constitution
ality of Section 2 of Land Act 1946.”
January—“ Larceny by an Owner and
Animus Furandi.” “ Perpetuities ”
(W. B. Leach).
86