19 / 324
J. C. Griffin (16 Dundalk) and C. R. McAlester
(10 Dundalk).
At the Dinner in the Clubhouse the Captain,
Mr. Desmond J. Collins, presided and the guests
included Mr. T. A. O'Reilly, President of the Incor–
porated Law Society of Ireland. The toast of the
Captain was proposed by Mr. Joseph Barrett and
Mr. Collins replied. Mr. T. A. O'Reilly proposed
the toast of the Baltray Golf Club and Mr. M. S.
Matthews replied on behalf of the Club. Communi–
cations with reference to the Golfing Society should
be addressed to the Hon. Secretary, Mr. L. K.
Branigan, Central Office, Four Courts.
FINANCE BILL, 1955.
THE attention of members is drawn to the following
provisions of the Finance Bill 1955 :
(1) The agreement between the Governments
of Ireland and Canada for the avoidance of double
taxation with respect to duties on the estates of
deceased persons signed at Ottawa on the 28th
October, 1954 is confirmed. (Section 10).
(2) If Trustees of a settlement become accountable
for estate duty payable by virtue of Section 30 of
the Finance Act, 1941 they may obtain from the
Revenue Commissioners a certificate of the amount
which in the opinion of the Commissioners may
be properly treated as the prospective amount of
the duty; in such case if the Commissioners have
obtained all the information required by them the
trustees shall not be liable for the amount of duty
in,excess of the amount certified. (Section n).
(3) On or after the passing of the Finance Act,
1955, if the property which passes on a death, but
in which the deceased never had an interest includes
any policies of life assurance or moneys received
under such a policy or interests in such a policy
all the policies, moneys and interests so included
shall for determining the rate of the estate duty to
be paid thereon, be aggregated so as to form one
estate, and the duty shall be levied at the proper
graduated level thereof. (Section 12).
(4) On or after the passing of this Act where
the net value of the property of the deceased to
which he was absolutely entitled does not exceed
£10,000 that property shall not be aggregated with
other
property
in
respect
of which
estate
duty was
payable
in
connection with
the
death of the deceased but shall form an estate by
itself. (Section 13)
(5) The agreement between the Governments
of Ireland and Canada for the avoidance of double
taxation in respect of income signed at Ottawa on
the 28th October, 1954 is confirmed. (Section 14).
(6) The Stamp duty chargeable by virtue of the
Stamp Act 1891 on the annual certificate to be taken
out by a notary public is abolished. Notaries who
have taken out such a certificate since the 26th
March, 1955 may apply for a refund by making a
claim. (Section 16).
(7) Credit-sale agreements within
the Hire-
Purchase Act, 1946 or any agreement made relating
to the sale of any goods, ware or merchandise, if
under hand or under seal shall be hereby exempt
from' stamp duty if coming under the heading
" bond, covenant or instrument" under the Stamp
Act, 1891. (Section 17).
FACTORIES BILL, 1954.
ON the Committee stage of the Bill, Senator Cox
obtained the Ministers agreement to the amendment
of section 77, which provides that any party at
an inquest may be represented by Counsel, Solicitor,
or Agent, by the deletion of the words " or agent."
The Minister stipulated that section 77 (2) should
be amended to provide that a relative or friend of
the deceased should have a right of audience.
In
the subsections as drafted the words " or friend "
did not appear.
STATE
PROPERTY ACT,
1954.
THE main purpose of the State Property Act, 1954
which repeals the State Land Acts, 1924 is to make
provision, as contemplated by Article 10 of the
Constitution, for the management of and the control
of the alienation of certain State lands comprising,
in the main, lands which belonged to the British
Crown and British Departments in this country
immediately prior to the 6th December, 1922, a
few pre-Truce Dail properties and lands acquired
By the State since 1922.
The Bill also provides
for various other matters relating to State property
of which the more important are :
(a)
Administration of former crown rents.
(b)
Disposition of moneys standing to the credit
of the Woods, Forests and Land Revenues
Account.
(i)
Exercise of rights and prerogatives belonging
to the People in relation to property, escheat
and
bona vacantia.
Such legislative provision
is contemplated by Article 49a2 of
the
Constitution.
(d)
Acceptance of gifts of property by State
authorities, the State, the Nation or the People.
The principal provisions of this Act are :
(i) The powers given in the Bill are declared to
be in addition to and not in substitution for any
existing statutory powers. (Sect. 3)