351 / 364
The plaintiff's claim, in essence, was a claim
to a right of uninterrupted and unobstructed right
of passage over a public road which was not yet
a public road and in the Judge's opinion such a
right did not exist. When the road becomes a
public road, it will be a public road with a
division in it which was there before it was opened
for public passage.
Mr. Justice Kenny said
that, moreover, he
thought that there was a statutory authority for
the building of a new road, divided from but
near an existing road.
The widening was authorised by the Act of
1925 which defined "maintenance" as including
widening, and
the division
together with
the
building of another road was, in his view, a reason
able improvement and therefore, also, within the
difinition
of
"maintenance", and
the County
Council had both the right and the obligation
to maintain public roads.
"It is, in my view, an improvement because
(1)
this makes
it possible for
traffic going
in
either direction
to move more quicklv;
(2)
it
makes passing a slow-moving vehicle much safer;
(3) it reduces the risk of head-on collision, and
(4) the divided road can carry much more traffic
than an undivided road.
"It is, therefore, in the year 1967, in my opinion,
a reasonable improvement and it is, in my opinion,
authorised by the Local Government Act, 1925.
"It follows that the plaintiff's claim in
this
action failed because (1) in so far as the plaintiff
claims a right of access as a private right, \vhat
the County Council propose to do, and have done
in part, will not have interfered with it in any
way by the proposed division, (2)
in so far as
the plaintiff claims his right as a member of the
public to pass and re-pass, the division will not,
in my opinion, be a nuisance because it will have
been put in the road before the road becomes
a public road. Moreover, it is, in my opinion,
justified by statutory authority.
"In so far as it interferes with the plaintiff's
right as a member of the public to pass and re-
pass, Section 85 of the Road Traffic Act, 1961,
justifies the imposition on members of the public
of the obligation, on a dual carriageway, to travel
on one side only when travelling in a particular
direction."
(Francis Holland v the Dublin County Council.
The Irish Times,
Friday, March 10, 1967).
THE LAW OF STAMP DUTIES
THIRD REVISION
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visions relating to Stamp Duties contained
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LIBRARY ACQUISITIONS
Books received in Library since March
1966
(a)
Books purchased
Adamson (A. V. )and M. G. Coorey: The Valuation of
Company Shares and Businesses, 4th edn., 1965.
Beattie
(C. W.): Elements of Estate Duty, 5th edn.,
1966.
Baynes (J. Hamilton): Share Valuations, 1966.
British Institute of International and Comparative Law:
Parental Custody and Matrimonial Maintenance (Hull
Symposium, 1967).
Bromley (. M.): Family Law, 5th edn., 1966.
Carroll (P.): Garda Siochana Guide, 4th end., I960.
Cooper
(M.)
and J. Wood: Outlines of
Industrial
Law, 5th edn., 1966.
Cross
(C. A.): Principles of Local Government, 3rd
edn., 1966.
Current Law Citator: 1947-1965.
Current Law Yearbook: 1965.
Coutts (J. A.): The Accused (A Comparative Study),
1966.
Devlin (Lord): Trial by Jury, 1966.
Encyclopaedia of Forms and Precedents: Fourth Edition,
Vol.
5
and
6
(Company Law),
7
(Commons
to
Easements), and 12 (Landlord and Tenant, Part II).
English and Empire Digest: Replacement Volumes 47
(Trusts to Weights and Measures) and 48 and 49
(Wills)—1966.
English and Empire Digest: Third Cumulative Supple
ment — 1966.
Gibson (W.): Probate Law, 17th edn., 1966.
Glaister
(J.) and E/Rentoul: Medical Jurisprudence.
17th end., 1966.
Grunfeld (Cyril): Modern Trade Union Law, 1966.
Guest (A. G.): The Law of Hire-Purchase, 1966.
Hallett (V. G. H.): Conveyancing Precedents, 1965.
Halsbury (Lord): The Laws of England, Third (Simonds)
edn., Cumulative Supplement, 2 vols. 1966.
Hardy Ivamy (E. V.): General Principles of Insurance
Law, 1966.
137