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possession or occupation against
the plaintiff's.
The Master of the Rolls in giving judgment referred
to the duties of a vendor of property pending
completion as laid down in Lysaght
v.
Edwards
(1876) 2 Ch. D. 499 as follows :
" He is not entitled
to treat the estate as his own.
If he wilfully damages
or injures it, he is liable to the purchaser ; and more
than that, he is liable if he does not take reasonable
care of it." The defendant in the case under appeal
claimed to have abandoned the rubbish deposited
on the property in order to support his claim that
he had in fact given vacant possession of the pro–
perty, but this the Court held to be a breach of his
duty as vendor of the property pending completion.
Furthermore the Court held that, subject to the
rule
de minimis non carat lex,
a vendor who leaves
property of his own on premises on completion
cannot be said to give vacant possession, since by
doing so he is claiming to use the premises for his
own purposes and it was no answer to the plaintiffs'
claim to say that the vendor had committed a
breach of the trust by abandoning his property on
the premises. The Court was unable to see any
difference in essence between the existence of a
physical impediment to the enjoyment of vacant
possession, such as the abandonment of goods orl the
premises, and occupation by a trespasser against
whom the purchasers would have the right to
possession
in
law. What
the purchasers bar–
gained for was not merely the right and law but
the power to exercise that right.
It was made
clear, however, that the impediment to possession
to enable the purchasers to succeed in an action
against the vendor must be something which sub–
stantially prevents and interferes with the enjoyment
of the right of possession of a substantial part of the
property and that mere trivial impediments would
fall within the rule
de miminis non cnrat lex.
EMERGENCY POWERS ORDERS
INDEX
OBITUARY
DISTRICT JUSTICE WILLIAM MEAGHER died at his
residence, Longford House, Templemore, Co. Tip-
perary, on the yth June, 1946.
District Justice Meagher served his apprentice–
ship with the late Mr. Laurence J. Ryan of Thurles,
was admitted a solicitor in Hilary Sittings, 1911,
and practised at Templemore up to the year 1922,
when he was appointed District Justice for Leix,
Offaly and-Tipperary.
THE REGISTRY
(i) Entries will be accepted from solicitors for the
Registry
under
the
following headings :
Sec–
tion A Practices]
for
sale,
partnerships
and
assistantships
vacant;
Section
B. Practices,
partnerships and assistantships sought;
Section
C. Miscellaneous
information
required,
books,
office equipment, etc., wanted or for sale.
(2) Each
entry accepted will be made in
the appropriate
section of the register which is open for inspection
at
the Society's offices during business hours.
Each entry accepted will also be published once
in the Society's
Gazette:
If the advertiser wishes,
the entry and advertisement in the
Gazette
may be
over a box number.
(3) Charges for each entry in
the Register
(including one publication
in
the
Society's
Gazette) ;
members of the Society 3/-
for 30 words or less and id. for each additional
word over 30. Other solicitors double the rate
for members of the Society.
(4) Replies to entries
in the Register and advertisements will not be
forwarded by the Society unless postage is pre–
paid.
(5) Replies
to advertisements should be
marked with the appropriate Box No. and addressed
to the Society.
(6) The use of the Registry by
solicitors is subject to general conditions, copies
of which may be obtained from the Secretary.
AN index of the Emergency Powers Orders for
the period 1939 to 1945 has been published and
may be purchased directly from the Government VVA N T E D
Publications Sales Office, College Street, Dublin,
-_________^^__
or through any bookseller.
It is in three parts.
Part I consists of tables of Emergency Powers
Orders, i.e., tables of orders made by the Govern–
ment and tables of subsidiary orders. Part II has
tables of the effect of Emergency Powers Orders on
British Statutes, groups of Acts, Saorstat Eireann
statutes and Acts of the Oireachtas and all statutory
rules and orders. Part III contains a detailed index
to
the Emergency Powers Orders. Price
2 /-
Post free 25. zd.
'
State prices.
Prideaux, 21st Ed.; Bullen and Leake,
9th Ed.; Wylie, 2nd Ed.
(1906) or
Connor's Justice of the Peace, 2nd
Ed.; Battersby's Pocket Pleader ; Gill
on Costs.
Box No. C.I 11.