The Gazette 1964/67

198 / 364

tobacconist by the head lessor, under a covenenat in the
head lease.
The sub-lessee failed in this action against the sub
lessor, but we draw your attention to the following note
of one of the judgments:
'Russel L.J. concurring said that at the moment it
was impossible to see what conceivable defence the
solicitors then acting for the plaintiff would have in
an action for negligence in that they had failed to take
the ordinary conveyancing precaution of inspecting the
head lease and seeing what covenants restrictive of
user were contained in it.'
We believe that the normal conveyancing practice of
most solicitors acting for a lessee taking an occupation
lease or sub-lease at a rack rent is merely to approve of
the lease or sub-lease on behalf of the lessee, without
investigating the title of the lessor to grant such lease,
or inspecting any superior lease or leases to ascertain
what covenants they contain.
If the judgment of Russel L.J. represents the law in
Ireland, then it seems to us that we, and numerous
other solicitors would have to revise completely the
procedure at present adopted in taking an occupation
lease or letting agreement.
If the above judgment were followed to its logical
conclusion would it not be the duty of the solicitor for
the lessee to inspect each and every superior lease up to
the freehold interest in the property to ensure that none
of them contained an adverse user covenant. This would
surely be absurd.
Would the Society consider it worth while to obtain
the opinion of Counsel on this point for the guidance
of the profession.
Yours faithfully,
Ellis and Moloney.
Dublin, 8th February 1966."
(Note: The matter is under consideration by a Com
mittee of the Council.)
STATUTES OF THE OIREACHTAS, 1965
No.
(1) Public Statutes
Name of Act
1. Oil Pollution of the Sea (Amendment)
Act, 1965 .................................
2. Land Act, 1965 ...........................
3. Control of Exports (Temporary Provi
sions) Act, 1965 (Continuation) Act,
1965 .......................................
4. Central Fund Act, 1965 ..................
5. British and Irish Steam Packet Com
pany Limited (Acquisition Act, 1965
6. Air Navigation and Transport Act,
1965 .......................................
7. Mines and Quarries Act, 1965 .........
8. Cork City Management (Amendment)
Act, 1965 .................................
9. Turf Development Act, 1965 ............
10. Protection of Animals (Amendment)
Act, 1965 .................................
11. Trustee Savings Bank Act, 1965 .........
12. Agricultural Credit Act, 1965 .........
13. Pensions (Abatement) Act, 1965 ......
14. Shannon Free Airport Development
Company Limited (Amendment)
Act, 1965 ..............................
15. Electricity Supply (Amendment) Act,
1965 ....................................... 13/7/1965
16. Imposition of Duties (Confirmation of
Order) Act, 1965 ..................... 13/7/1965
17. Extradition Act, 1965 ..................... 19/7/1965
18. Gaeltacht Industries (Amendment)
Act, 1965 ................................. 20/7/1965
19. Local Elections Act, 1965 ............... 20/7/1965
20. Social Welfare (Miscellaneous Provi
sions) Act, 1965 ........................ 29/7/1965
21. Appropriation Act, 1965 .................. 30/7/1965
22. Finance Act, 1965 ........................ 30/7/1965
23. Precis (Amendment) Act, 1965 ......... 10/8/1965
24. Labourers Act, 1965 ..................... 3/11/1965
25. State Guarantees (Transport) Amend
ment Act, 1965 ........................ 8/12/1965
26. Central Fund (Permanent Provisions)
Act, 1965 ................................. 21/12/1965
27. Succession Act, 1965 ..................... 22/12/1965
Private Acts of 1965
1. Royal College of Surgeons in Ireland
Charter (Amendment) Act, 1965 ... 29/6/1965
2. Local Government Provisional Order
Confirmation Act, 1965, confirming
County Borough of Cork (Extension)
Order 1965 .............................. 29/6/1965
INDEX OF STATUTORY INSTRUMENTS
Published since August 1965
LABOUR COURT RECOMMENDATIONS
Signed by
President
2/3/1965
8/3/1965
8/3/1965
18/3/1965
18/3/1965
30/3/196511/5/1965
29/6/196529/6/1965
30/6/1965
30/6/19656/7/1965
13/7/1965
13/7/1965
92
No. Subject
1675—British and Irish Steam Packet Company Limited
—Claim for 20 per cent production bonus.
1873—Rowntree Mackintosh (Ireland) Limited—Mis
cellaneous matters.
1874—Dillon & Sons, Cork—Order of re-employment of
disengaged workers.
1861—Waterford Health Authority—Remuneration of
engineering foreman and general foreman.
1878—Dunne & Co. Ltd.—Order of lay-off of workers
in a case of redundancy.
1927—Oldcastle Co-operative Creamery Ltd.—Dismissal
of worker.
1935—Undertakers branch of the Federated Union of
Employers—Conditions of employment.
1937—British Railways—Promotion arrangement.
1941—British Railways—Annual leave and service pay.
1942—Wavin Pipes Ltd.—Overtime payment.
1949—James McMahon Ltd. Limerick—Revision of
salary scale.
1950—Ballina Sawmills—Wages of general workers,
drivers and sawyers.
1951—Bray, Wicklow and Arklow Urban District
Councils—Dirty money for workers engaged on
refuse and sewage disposal.
1952—Drogheda Corporation and Dundalk Urban
District Council—Wages of general workers.
1953—Dublin hotels and restaurants—Wage rates for
food barmen.
1954—John Player & Sons—Conditions of employment.
1955—Magee & Co. Ardee—Claim for five-day forty-
two and a half hour week.
1956—Philip Halpenny Ltd. Ardee—Claim for a five-day
forty-five hour week.