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STATUTORY COMMITTEE

THE following is the Statutory Committee appointed

by the Chief Justice pursuant to Section 34 of the

Solicitors'

(Ireland) Act,

1898 :

Messrs. Henry

St. J. Blake (Chairman), Patrick R. 'Boyd, John B,

Hamill, William

). Norman, Scan 6 hUadhaigh.

Daniel O'Connell, G. Acheson Overend.

EXCHANGE CONTROL ORDER,

1947

The attention of solicitors

is directed

to

the

Exchange Control Order, 1947, No. 394 published

by'the Government Publications Office, 3/4 College

Street, Dublin.—Price 4d. The following directions

were published

in

the morning newspapers on

January^ I3th :

Securities

1. Holders of securities of the following kinds

are reminded that in accordance with the above-

mentioned Order and the Exchange Control Order,

1947

(Supplemental Provisions)

(No.

i) Order,

1947. they are obliged, as from the ijth January,

1948. to cause them to be kept at all times in the

custody of a Bank in the State, except when they

are withdrawn with the permission of the Minister

for Finance'for a lawful purpose :

(1) Securities transferable by means of bearer

certificates ;

(2) Securities registered outside the State on

which interest or dividends are payable by

coupon ;

(3) Securities registered outside the Scheduled

Territories ;

(4) Securities

registered

in

the

Scheduled

~"

Territories which can be transferred to or

in

a

register

outside

the

Scheduled

Territories.

2.

In general such Securities must be physically

deposited with a bank in the State, but Securities

which are at present on deposit in a bank or other

institution outside the State need not be imported

provided arrangements are made to have them held

to the order of a bank in the State.

3. Letters of allotment or rights and securities

on which interest or dividends have not been paid

for at least 30 years have been exempted and need

not be deposited.

4. A period of grace of ONE MONTH from the

15th January has been allowed by the Minister for

Finance for compliance with this requirement of the

Exchange Control Order.

FOR FURTHER INFORMA

TION A BANK SHOULD BE CONSULTED.

5. REGISTRARS OF IRISH COMPANIES are reminded

that on and after the ijth January they may not

issue, or register the transfer of, ANY SECURITY

WHATSOEVER unless

the appropriate declarations

as to the residence of the parties to the transfer

are given or Permit C is produced indicating that

the permission of the Minister for Finance has been

obtained. For further information Notice I.C. No. i

issued by this Department and obtainable from any

bank, should be consulted.

NOTE :

THE SCHEDULED TERRITORIES

are :—

Ireland, the United Kingdom and its dependent

territories, the Commonwealth of Australia and its

dependent territories, New Zealand and its de

pendent territories, the Union of South Africa and

South West Africa, India, Pakistan, Palestine, Iraq,

Transjordan, Iceland, the Faroe Islands, Burma and

Ceylon.

Roinn 'Airgeaclais.

13 Eanair, 1948.

PROFESSIONAL ITEMS

IN Beard /'. Porter (63 T.L.R. 543) the defendant

had agreed to sell to the plaintiff a dwellinghouse

which at the material time was occupied by a tenant

who was entitled to the protection of the Rent

Restrictions Acts. The house was sold subject to

the tenancy but in the contract, in which it was stated

that the purchaser required the premises as a personal

residence, the vendor (somewhat rashly it may be

thought) undertook that the purchaser would be

given vacant possession of the house on a date

specified, which was later than the date appointed

for completion.

The purchase was completed in

accordance with the contract, and the purchase

money was paid over, but when the date arrived on

which the purchaser was to be given possession

of the premises, the tenant declined to vacate them

and relied on his rights under the Rent Restrictions

Acts.

The purchaser was compelled to incur the

expense of taking lodgings until he could obtain

another house which he subsequently purchased.

In an action against the vendor for damages he

was awarded a sum of £1,078 135. od. made up of the

following four items (i) £980 being the difference

of the value of the first house with vacant possession •

and its value subject to the tenancy, (2) the solicitor's

charges incurred by the purchaser in connection

with the purchase of the second house namely

£52 18s. od., (3) ad valorem stamp duty in con

nection with the second purchase £30, (4) payments

made in respect of board and lodging by the pur

chaser £15 155. od. On an appeal by the vendor

against the amount of the damages the Court of

Appeal were unanimous in allowing items (i) and

49