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offences; and a bill combining
the various
statutes relating to the property rights of married
women, while relieving a husband from his lia
bility for his wife's torts.
Reference to the new law code was made by
Mr. Kevin Dixon, S.C., Attorney-General, when
he spoke at the Annual Dinner of the Dublin
Solicitors' Bar Association at the Dolphin Hotel,
Dublin, on 15th December, 1945.
(Irish Times)
LANDLORD AND TENANT ACT, 1931
NOTICE OF
INTENTION TO CLAIM
RELIEF
THE attention of Solicitors is directed to Section
24 of the above Act, which prescribes the time
within which iriay be served Notice of Intention
to Claim Relief pursuant to some of the pro
visions of the Act.
Occasionally it has been found that the notice
has not been served in time and tenant clients and
their solicitors have found themselves in diffi
culty. In accordance with Section 45 of the Act,
a Circuit Judge may, oil application, extend the
time for the services of the notice, but the matter
is one for the discretion of the Judge and this
discretion is only rarely exercised in favour of
the Tenant. Accordingly, solicitors acting for
Tenants claiming relief under the Act should take
steps to ensure that ths necessary notice is served
in good time to comply with Section 24.
LAND REGISTRY FEES ON
TRANSMISSIONS ON DEATH
IN the case of James Sheridan, a registered owner
of land-Folio 1311, Co. Dublin, it has been decided
by the Supreme Court that the word "transfer" in
Section 87 (3) of the Local Registration of Title
(Ireland) Act, 1891, which grants exemption from
fees on any transfer under the section from a
personal representative to a beneficiary, includes
both an instrument of transfer and a transfer by
way of assent. The effect of this decision appears
to be that no Land Registry fees will in future be
payable on transmissions on death, unless applica
tion is made to have the personal representative
registered for the purpose of administration, in
which case the appropriate fees (maximum £l
under the 1944 Fee Order) will be payable on that
application. The appeal was taken to the Supreme
Court with the support of the Council. A fuller note
on the effect of the decision will be published in
the next issue of the
Gazette,
SETTLEMENTS ON BEHALF OF MINORS
THE following note which appeared in the
Irish
Law Times and Solicitors' Journal
of 5th January,
1946, is of interest to solicitors :—"On December
21st Davitt, J. in the High Court, Eire, said that
in an application to have a consent to settlement
of an action made a rule of Court where the plain
tiff was a minor, the full facts of the case should
be set out in the affidavit, so that they might
appear on the records of the Court. It was highly
desirable that not alone should the usual state
ment be made that the settlement was in thj
interest of the infant plaintiff, but that it should
also appear on what grounds such statement was
made. His Lordship refused to make a consent
a rule of Court in a case before him, until a new
or supplemental affidavit had been made embody
ing the full facts of the case.
SEARCH FEES
THE Council have re-considered Opinion No. 90
published in the Calendar for 1945. The enclosed
opinion of the Council should be substituted there
for. It has not been possible to make this change
in the 1946 Calendar and members may find ,it
useful to paste the enclosed opinion into the 1946
Calendar in substitution for Opinion No. 90 therein.
OBITUARY
MR. WILLIAM J. BARRY, Solicitor, died at his
residence, Hazelbrook, Sundays Well, Cork, on
22nd October, 1945.
Mr. Barry served his apprenticeship with the
late Frederick W. Wynne, Cork, was admitted a
Solicitor in Trinity Sittings, 1909, and practised
at Midleton, Co. Cork.
MR.
JAMES MCAULIFFE, Solicitor, died at his
residence, "Roseneath Villas," Military Road,
Cork, on 30th November, 1945.
Mr. McAuliffe was admitted a Solicitor in
Michaelmas Sittings, 1891, and practised at Cork.
MR. JAMES J. O'SHEE, Solicitor, died at his resi
dence, Lisieux, 17 Pembroke Park, Ballsbridge,
Dublin, on 1st January, 1946.
Mr. O'Shee was admitted a Solicitor in Trinity
Sittings, 1890, and practised at Clonmel and
Carrick-on-Suir under the style of J. J. O'Shee &
Co. He was Nationalist M.P. for West Waterford
from 1895 until 1918,
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