The Gazette 1949-1952

Lawyers’ English The writer as a young solicitor had to peruse a hotel lease for the intending lessee and soon saw that about half o f its words could be struck out without affecting its sense one jot. This is a fair sample o f what he read :— “ and also will allow the lessor or any person or persons appointed by the lessor with or without workmen, surveyors, archi­ tects and others at any reasonable time or times in the daytime during the said term to enter into and upon the said leased premises or any part or parts thereof and to view, inspect and examine the state and condition thereof—and o f all defects, decays and wants o f painting, papering, graining, varnish­ ing, colouring, distempering, reparation or cleans­ ing—to give notice in writing to the lessee to repair, uphold, support, maintain, paint, paper, grain, varnish, colour, distemper, cleanse and amend the said hotel and premises, fixtures, and fittings, etc.” Thereupon he was seized with an ardent desire both to purify the literature o f hotel leases and (by the removal o f so many folios) to enable his. client, the lessee, to save almost the whole of the first week’s rent. In his uplifted state he interviewed the lessor’s solicitor, a venerable man, who viewing him more in sorrow than in anger, remarked that he had used that form of lease for thirty-five years and never before had it been questioned, and quietly added that if the lessee objected he would not get a lease. There was nothing more to be said though the writer recalls having fought strongly but in vain a rear-guard action to strike out by way o f com­ promise the word “ distempering.” In the end he retreated hurriedly fearing lest the lessor’s solicitor might add to the surveyors, architects and others, that were to accompany the lessor on his inspection, bricklayers, plumbers, painters, plasterers, and a host of others too numerous to mention except in a hotel lease. It is surprising that the writer shortly after this encounter should himself have prepared a deed with the words, “ convey, grant, assign, set over and transfer,” and thought himself profession­ ally humiliated when a foreign consul to whom he applied to legalise the document refused to do so until he had struck out all the words except “ trans­ fer,” and otherwise trimmed the document’s luxuriant verbiage. All o f which goes to show that to reform oneself is harder than one imagines. —(Law Institute Journal, Victoria). Unincorporated Society—Right o f Audience In the Animal Defence and Anti-Vivisection Society v. Inland Revenue Commissioners (66 T.L.R. 1 1 12), the Society appealed from the decision of the Special Commissioners for Income Tax, which held that it was not a charitable body for

income tax purposes. When the appeal was called, a member o f the Society who was not a barrister or a solicitor, stated that she appeared for the Society o f which she was President and founder. She had pleaded the case for the Society before the Special Commissioners o f Income Tax. Counsel for the Crown raised a preliminary objection that she had no right of audience. Mr. Justice Romer said that litigants can only appear in Court by Counsel except where a litigant appears in person, but that in this case the appealments did not appear in person but sought to appear by one of their members. A resolution had been passed empowering three of the members generally to represent the Society in financial matters, but that did not touch the present point which was whether the Court can give audience to an unincorporated Society through the mouth­ piece o f one o f its members. In his judgment this case was not an exception to the general rule that litigants, other than litigants in person, can only have their cases presented by Counsel. The case was adjourned to enable the Society to engage Counsel and Solicitors. LIBRARIAN OF THE SOCIETY Mr. Thomas B. Cooley, who entered the service o f the Society in 1908, and has been Librarian since 1916, signified his wish to retire. The Council accepted his resignation with regret and wish to place on record their appreciation o f his long and faithful service to the Society. Mr. Colum Gavan Duffy, M.A., has been appointed Librarian in place o f Mr. Cooley. Mr. Gavan Duffy was admitted in Hilary Sittings in 1938, and holds the Librarian’s Diploma of University College, Dublin. THE REGISTRY Section C. B uilding L and wanted in parcels 3 to 100 acres, in the vicinity of Dublin. All services must be available. Box No. C.127. W anted Irish statutes, 1922-1943 or earlier. Ryland’s Digest, 1929-1938. Box No. C.128. P artnership M r . W. S. B arrett , Solicitor, of 15 Sth. Frederick Street, Dublin and Mr. Herbert MacNeice, Solicitor, formerly practising as R. W. McNeice & Son, of 12 Westmoreland Street, Dublin, have entered into Partnership under the style of Barrett and McNeice, at 15 Sth. Frederick Street, Dublin. Telephone: 62471/66887. R eward offered for the discovery of the last Will of Edward Kirk, Wagon Builder, late of 27 St. Columba’s Road, Dublin, and 6 O’Connell Avenue, Berkeley Road, Dublin, and formerly of Ednagreena, Co. Louth. Said Will was made prior to January, 1941. Brendan Breathnach, Solicitor, Dundalk. 33