210 / 266
report confirming the Minister’s proposal.
On
September 30th, 1952, a certificate was issued by
the Minister and on October 6th, 1952, notice of
this certificate was served on the plaintiff. The
plaintiff did not apply to the court to quash the
certificate within the six weeks after sendee. In
an action by the plaintiff for a declaration that the
proceedings before the tribunal were null and of
no effect, it was contended on behalf of the Minister
that the tribunal was validly constituted, and that,
even if there had been a defect in the appointments
to the tribunal, it was not open to the plaintiff to
question the validity of the certificate in any legal
proceedings whatsoever.
Held by Stable J. : (i) as the secretary of the
tribunal had no powers delegated to him by the
Minister to appoint members o f the tribunal, there
was no appointment o f the two members of the
tribunal and the tribunal was not properly con
stituted.
(ii) Accordingly, the certificate issued by the
Minister never was a certificate in accordance with
the provisions o f the Act o f 1947, because the
essential condition o f reference to a properly con
stituted tribunal had not been observed; the
plaintiff was not precluded by paragraph 16 of
schedule 1 to the Acquisition o f Land (Authorisation
Procedure) Act, 1946, from questioning the validity
of the Minister’s certificate, and the proceedings
for compulsory acquisition of the land (namely,
the Minister’s proposal and certificate and a notice
to treat) were null and void.
N
o t e
:
The criticisms made by the Judge on this
decision have been remedied by the Agricultural
(Miscellaneous Provisions) Act, 1954.
Woollett
v.
Minister for Agriculture and Fisheries
(1954)—2 All E. R. 776.
RECENT LEGAL LITERATURE.
Abolition of Secrecy in the Preferment o f Indict
ments (Solomon)
(M.L.R.,
July, 1954).
Bankruptcy Motions—Notice of Length o f Motions
to be given to Registrar.
Boundaries—“ Minter
v.
Wheeler”
(S.J.,
31st July,
1954
)-
Careless Chauffeur—“ Semtex Ltd.
v.
Gladstone ”
(L .T ., 1 6th July, 1954).
Criminal Degrees o f Knowledge (Lloyd Edwards)
(ALL.R., July, 1954).
Crichel Down and After (
S .J
., 31st July, 1954).
Complement o f Court and Counsel (Peck)
(N.Y. Bar
Association
R
ec.,
June, 1954).
Costs relating to Compulsory Purchases (
S .J
., 24th
July, 1954).
Cross-Examination—Some Aspects (
I.L.T
., 17th,
24th, and 31st July, 1954).
Factory Acts (
I.L.T
., 10th July, 1954).
Fusion o f Law and Equity—Reflections after 75
years (Evershed) (L .j
2
-R., July, 1954).
Furtum and Larceny (Duff) (
Camb. L .J.,
April, 1954).
Sir Matthew Hale (Hurst) (L .J
2
.R ., July, 1954).
Jury Discretion in Murder Trials (Hall Williams)
(
M.L.R
., July, 1934).
Justice in Poland to-day (Korowicz)
(N.Y. Bar
Association Rec.,
June, 1934).
Infants and Companies (L .T ., 23rd July, 1954).
Inheritance Act Applications
(S.J.,
24th July, 1934).
Landlords not unreasonably withholding consent to
prevent sale o f premises to third parties on behalf
of brothers to be conducted as secondary school
in residential area—“ Lloyd and Burke
v.
Earl
of Pembroke ” (Dixon J.)
(I.L.T.,
31st July, 1954).
Liability o f Hospitals for Negligence of their Staff
(Delany)
(Ir. Jur.,
1952, 45).
Limitations on Liability o f Electricity Authority
(L.T.,
1 6th July, 1954).
Local Government—Authority to Prosecute (L .T .,
1 6th July, 1934).
Myth o f Mistake in English Law o f Contract (Slade)
L.O.R.,
July, 1934).
Not Doing is No Trespass (Milsom)
(Camb. L .J.,
April, 1954).
Occupational Hazards
(S.J.,
24th and 31st July,
T
954
)-
Ownership o f Highways—“ Tithe Redemption
Commission
v.
Runcorn U. D. C.”
(S.J
., 31st
July, 1954).
Pecuniary Rent—“ Montagu
v.
Browning
(S.J.,
31st July, 1954).
Piggeries held to be “ permanent buildings ” under
Landlord and Tenant Acts, and remaining land
held “ subsidiary land to buildings ” —Hickey
v.
Corr (Haugh J.)
(I.L.T.,
31st July, 1954).
Polygamous Marriages and English Criminal Law
(
Bartholomew
)
(July
, 1954).
Practitioner’s Reference Tab le: Landlord and
Tenant
(Ir. Jur.,
1952, 49).
Psychiatric Aspects o f Report on Capital Punishment
(Glover)
(M.L.R.,
July, 1954).
Rent Act Avoidance—“ O’Connor
v.
Huma ”
(I.L.T.,
23rd July, 1954).
Res Ipsa Loquitur: Australasian Experience
(O’Connell)
(Camb. L .J.,
April, 1954).
Res Gestae as Hearsay (Nokes)
(L. <
2
-R.,
July, 1954).
Statutory Notice o f Incumbrances—Effect o f (Wade)
(Camb. L .J.,
April, 1954).
,
Testamentary
Republication:
Present
State
(Mitchell) (L.J
2
-R-,
J ulY>
'TA)-
3 2