131 / 324
SECTION 8.—(i) Where any firm or person by this Act required
to furnish a statement of particulars or of any change in
particulars shall have made default in so doing, then the
rights of that defaulter under or arising out of any contract
made or entered into by or on behalf of such defaulter in
relation to the business in respect to the carrying on of which
particulars were required to be furnished at any time while
he is in default shall not be enforceable by action or other
legal proceeding either in the business name or otherwise.
SECTION 13.—fi) If any firm or individual registered under
this Act ceases to carry on business, it shall be the duty of the
persons who were partners in the firm at the time when it
ceased to carry on business or of the individual or if he is
dead his personal representative within three months after the
business has ceased to be carried on, to send by post or deliver
to the registrar notice in the prescribed form that the firm or
individual has ceased to carry on business, and if any person
whose duty it is to give such notice fails to do so within such
time as aforesaid, he shall be liable on summary conviction
to a fine not exceeding twenty pounds.
(2) On receipt of such a notice as aforesaid the
registrar may remove the firm or individual from the register.
SECTION 18.—(i) After the expiration of three months from
the passing of this Act every individual and firm required
by this Act to be registered shall, in all trade catalogues,
trade circulars, showcards, and business letters, on or in which
the business name appears and which are issued or sent by
the individual or firm to any person in any part of His Majesty's
dominions, have mentioned in legible characters—
w ........
(b)
in the case of a firm, the present Christian names, or
the initials thereof and present surnames, any former
Christian names and surnames, and the nationality
if not British, and if the nationality is not the nationality
of origin the nationality of origin of all the partners
in the firm or, in the case of a corporation being a
partner, the corporate name.
SECTION 22.
In the construction of this Act the following
words and expressions shall have the meanings in this section
assigned to them, unless there be something in the subject
or context repugnant to such construction :—
" Firm " shall mean an unincorporate body of two or more
individuals, or one or more individuals and one or more
corporations, or two or more corporations, who have entered
into partnership with one another with a view to carrying
on business for profit, but shall not include any unincorporated
company which was in existence on the second day of
November eighteen hundred and sixty-two :
" Business " shall include profession ;
" Individual" shall mean a natural person and shall not
include a corporation ;
" Christian name " shall include any forename ;
" Initials " shall include any recognised abbreviation of a
Christian name ;
" Business name" shall mean the name or style under
which any business is carried on, whether in partnership or
otherwise ;
" Foreign firm " shall mean any firm, individual, or corp
oration whose principal place of business is situate outside
His Majesty's dominio ns.
CHANGE OF ADDRESS.
BY Section 81 of the Solicitors Act 1954 a practising
solicitor shall within fourteen days of any change
of his place of business give notice thereof to the
Registrar of Solicitors.
OBITUARY.
MR. ROBERT CHARLES GRAHAM died on the zznd
May, 1956. Mr. Graham served his apprenticeship
with the late Mr. John \V. Richards and was admitted
in Trinity, 1922, and carried on practice under the
name of S. S. & E. Reeves & Sons at Scottish
Provident Buildings, Donegall Square West, Belfast.
MR. JOSEPH H. DIXON died on 23rd June, 1956, at
his
residence,
" Sunnyside,"
Seafield Avenue,
Monkstown, Co. Dublin. Mr. Dixon was admitted
in Hilary Sittings, 1920 and practised at 15 Parnell
Square, Dublin.
MR. BRENDAN C. RUSSELL died on 23rd June, at a
private nursing home. Mr. Russell was apprenticed
to Mr. Charles M. Russell, Dundalk, was admitted in
Hilary Sittings. 1932 and practised as a partner in
the firm of MacMahon, Russell & Co., Dundalk.
PROCEEDINGS AGAINST
SOLICITORS.
ON 27th June 1956 the Disciplinary Committee
made an Order directing that the name of Charles
Harvey who practised at Castlerea, County Ros-
common shall be struck off the Roll of Solicitors.
On 17th July, 1956, the Disciplinary Committee
made an Order directing that the name of Peadar
(otherwise Peter) Cowan, who practised at 67 Dame
Street, Dublin, shall be struck off the Roll of
Solicitors.
LAND COMMISSION.
LETTERS of conditional consent to sub-division.
The Society has been informed by the Land Com
mission that in letters of conditional consent to
the sub-division of registered land where consolida
tion is involved the following explanatory sentence
is now being added to the paragraph regarding the
feasibility of implementing consolidation:
" It should be clearly understood
that
the
responsibility of ensuring that all the lands to be
consolidated are in fact held in the same capacity
is a matter for the interested parties or their solicitors
and is not a matter either for the Land Commission
or the Land Registry."
DECISIONS
OF
PROFESSIONAL
INTEREST.
Substituted Bill of Costs to replace Will which omitted
Counsel's Fees.
THE Court of Appeal (Jenkins and Hodson, L.JJ.)
affirming Pearson J. dismissed this interlocutory