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(i)
A prosecution for an offence under
these
Acts or under regulations made under these Acts
may be brought at the suit of the Minister.
(3) Notwithstanding any provision in any Act
specifying
the period within which
summary
proceedings may be commenced, proceedings in
respect of an offence under these Acts or under
regulations made under these Acts may be com
menced at any time within the period of three
months from the date on which evidence, suffic
ient in the opinion of the Minister to justify a
prosecution for the offence, comes to his knowledge,
or within the period of twelve months after the
commission of the offence, whichever period last
expires.
(4) For these purposes, a certificate, sealed with
the official seal of the Minister, as to the date on
which such evidence as aforesaid came
to his
knowledge shall be conclusive evidence thereof.
(5) This section shall only have effect as respects
proceedings in relation to offences committed after
the ist August, 1960.
FINANCE ACT, 1960.
The Finance Act, 1960 is a comprehensive measure
of 41 sections and 4 schedules. Space precludes a
detailed consideration of the Act.
Attention is,
however, drawn to section
2.5
(Alteration of rates
of estate duty), section 24 (No estate duty payable
for estates under £5,000), section 34 (confirmation
of agreements dated 23rd June, 1960 between
Ireland and U.K. with respect to exemptions from
tax);
section 36 (Abolition of Stamp Duty on
passports), section 37 (use of adhesive stamps on
attested copies of wills, probates and letters of
administration).
The Finance Act, 1960 contains
27 pages, and is obtainable from the Government
Publications Sale Office, Henry Street Arcade,
Dublin for 4/6—postage 3d. extra.
INTOXICATING LIQUOR ACT, 1960.
The Intoxicating Liquor Act, 1960 became law
on the date of its signature by the President on the
4th July, 1960. This measure amends the Licensing
Act, 1902 and the Intoxicating Liquor Acts of 1927
and 1943 in various respects ;
it is a measure of
41 sections and one schedule, and space precludes
detailed consideration of the Act.
Attention is,
however, drawn to section 4 (Revised prohibited
hours) which apply generally also in hotels and
restaurants (section 5) and in clubs (section 6),
section 13 (Grant of new licences in rural areas in
substitution for two existing licences), section 14
(Grant of new
licence in respect of premises
substituted for demolished premises), sections 15
and 16 (Declaration as to fitness and convenience
of proposed licensed or club premises, or as to
suitability
of
licensed premises
for
restaurant
certificate),
section
21
(Extended definition of
" hotel" to include 20
rooms in Dublin, and
10 rooms elsewhere), section 27 (Power to grant
full seven day licence for premises having restricted
licence within two years upon payment of £200)
and section 40 (Sale of intoxicating liquor in sealed
containers if quantity indicated
thereon).
The
Intoxicating Liquor Act, 1960—No. 18 of 1960—
may be obtained from the Government Publications
Sale Office for 3/6—postage 3d. Members who
desire
to obtain
the very useful explanatory
memorandum annexed thereto should apply for the
Intoxicating Liquor Bill, 1959—as passed by Dail
fiireann—obtainable at 2/6—postage 4d.
RECENT DECIDED
CASES
Applications for contribution In an action for damages
dismissed.
The appeal of Messrs. John Sisk and Son, Ltd.,
Cork, from the dismissal of their action for an
indemnity or a contribution from National Grain
Silo, Ltd., Cork, in an action for damages was
dismissed by the Supreme Court in a reserved
judgement.
It was stated that Messrs. Sisk and Son had been
doing building work at the National Grain Silo
company's premises in 1953, when one of the Silo
company's employees, Roger Power, fell into an
excavation and injured himself. He took proceedings
against Messrs. Sisk and Son, and Murnaghan, J., on
2ist July, 1955 in the High Court gave a direction
in favour of Messrs. Sisk and Son. On appeal the
Supreme Court ordered a new trial on I5th May,
1956, and a second jury found that Messrs. Sisk were
negligent and awarded Mr. Power £750 damages,
with the costs of both trials before Lavery, J., in
Cork in March, 1957. Mr. Power's costs taxed at
£716 odd, and Messrs. Sisk's costs, taxed at £704,
making a total with the £750 damages of £2,170.
Messrs. Sisk claimed an indemnity or a contribu
tion from National Grain Silo company in relation
to that sum. Dixon, J. held that on this issue their
claim must fail. He was not satisfied he said, that
National Grain Silo, Ltd. knew there was any
unusual danger.
The Chief Justice, Mr. Justice O'Dalaigh and
Mr. Justice M. Maguire were unanimous in their
decision that Dixon, J. should be upheld and
consequently the appeal failed.
(Irish Independent,
8th April, 1960.)
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