46 / 338
Three members of the Committee (including
Mr. Justice Donovan and Professor Wade) are
opposed in principle to the present law, because
damages should, so far as any monetary reward can
do so, restore the plaintiff to the position in which
he would have stood but for the defendant's wrong
doing. Tax is not a charge on income before it is
received and there is no more reason for taking it
into account than rates, mortgage interest and any
other liabilities which the plaintiff may have to meet.
Three
other members
of
the
Committee
(Mr. Foster, Mr. Gerald Gardiner and Sir David
Parry) held that the law should be the same as it
was before the decision in this case, except that the
damages should be taxable in plaintiff's hands.
(British Transport Commission
v.
Gourley—
(1956), A.C. 185.)
COMPARATIVE ASPECTS OF IRISH
LAW—A REVIEW
Some Comparative Aspects of Irish Law
by Alfred
Gaston Donaldson. Dux 8vo, pp. xii, 293.
Duke U.P., Durham, North Carolina, U.S.A.
(i957)- 45-f-
The learned author, who is a Parliamentary Drafts
man in Stormont, has given us the benefit of his
personal views on many intricate problems of Irish
Constitutional Law and legal history. Dr. Donaldson
delivered some lectures at Duke University in 1955,
which have now been reprinted and brought up to
date. In this work which deals with such topics as
"Constitutional History," "Ireland and the Common
wealth" — " Constitutional Developments
since
1920," '' Administrative Law," and " Land Law."
Dr. Donaldson has not only demonstrated his wide
grasp of facts and learned scholarship, but appears
to have assimilated every case from North and South
bearing on his subject which he can summarise
succinctly in a few lines. This book is indispensable
for the student of constitutional law, particularly
as the author has succeeded admirably in giving the
different view-points dispassionately and without
prejudice. Even the practitioner will discover in this
book many cases which will greatly assist him in deal
ing with problems of administrative law, now so
widespread. Apart from the learning and industry
displayed by the author, he has also the advantage
of an easy-flowing style which makes the book a
pleasure to read. Anyone who reads it will learn
a lot of law without undue effort.
C.G.D.
INDEX TO STATUTORY
INSTRUMENTS
published since February, 1958
AGRICULTURE, LANDS AND FISHERIES.
SUBJECT MATTER AND REFERENCE NUMBERS.
Agriculture (An Foras Taluntais)
Institute Act, 1958
in
operation from ist June 1958—123/1958.
Agriculture Produce
(Cereals) Act 1958
in force from
August 1958—169/1958.
Agricultural Produce (Fresh Meat) Act 1930 (Horse Flesh)
(Commencement)—83/1958.
Agricultural Produce (Fresh Meat) Act 1930—Export of
Horse Flesh Regulations 1958—84/1958.
Agricultural Products (Restriction of Export) Order 1956
Amendment—8o/1958.
Bacon—Amount of subsidy to Bacon Curers on Exports from
August 1957 to January 1958 determined—64/1958.
Bacon—(External Sales)—44/1958,69/1958, 96/1958, 105/1958
111/1958, 122/1958.
Boars—Minister may declare Boars of particular breeds or
types unsuitable—93/1958.
Boars—Regulations as to unsuitable types—94/1958.
Bovine Tuberculosis to be eradicated from Counties Clare,
Donegal, Galway, Leitrim, Mayo and Roscommon, and
Compulsory Tuberculin Testing of Cattle in Area after
ist April 1958—78/1958.
Bovine Tuberculosis (Movement Control) (No. i)—170/1958.
Bovine Tuberculosis—Regulations as to testing, Sale and
export of Cattle—Testing to be made within 14 days
before Export—161/1958.
Butter—Control in Scheduled Area of Dublin and Bray pro
hibiting Sale and Supply for Sale of imported creamery
butter revoked after ist July 1958—146/1958.
Carcases ofFactory-purchased Pigs purchased by Bacon Curers
after ist July 1958—Minimum prices fixed—142/1958.
Cathaleen Falls, Ballyshannon, Co. Donegal—E.S.B. may
no longer operate fishing weir without a free gap—,
121/1958.
Committees of Agriculture—Increases in salaries prescribed
for Officers other than Chief Agricultural Officers—
140/1958.
Common Barberry Plant a Noxious Weed—Penalties for not
eradicating same—120/1958.
Creamery butter (Levy) Regulations 1958—73/1958.
Dublin District Milk Board Election fixed for 3 ist July 1958
—126/1958.
Fishing Nets (Regulations of Mesh in Sea-water)—88/1958.
Foras Taluntais
(Institute of Agriculture)—Method of
Nomination of Members of the Council by Agricultural
and Rural Organisations—102/1958.
Form of Sale Certificates which must be furnished by Bacon
Curers in relation to factory-purchased pigs purchased
after ist July 1958, and classes and grades of pigs pre
scribed—144/19 5 8.
Freight Allowance which a Bacon Curer may deduct from
fixed minimum Price for a carcase of a factory-purchased
pig, where the pig is carried to the Bacon Curers' premises
in a Vehicle owned by him fixed at id. per pig—141/1958.
Homc-Grown Wheat—Storage and Drying Plant Regulations
for Cereal Year 1958-59—130/1958.
Levy to be paid by Bacon Curers in respect of Carcases used
for production of bacon fixed at i6s.
jd.
per carcase
after ist July 1958—143/1958.
Live
Stock Breeding Act 1925
(Application to Boars)—
93/1958.
Wheat Levy—171/1958.