The Gazette 1949-1952

was an agreement under hand only within the meaning-of Section 47 (4) (b) o f the Act o f 1932 and ( b ) assuming that it was a lease and not a tenancy agreement it was for a term which would not necessarily last more than three years and therefore under Section 52 (2) ( d ) and 54 (2) o f the Law of Property Act, 1925 it was not required to be under seal. It was held that an instrument which is void at law unless under seal and which in fact is not under seal is not an agreement under hand only, and therefore if an unqualified person draws or prepares such an instrument he is guilty o f an offence. It is immaterial whether the document is called an agreement or a lease as it is the effect of the document and not what the parties choose to call it which matters. I f the instrument was not under seal it would be invalid in law, but, if it had been under seal it would have conferred a title on the defendant to remain in possession o f the premises for 14 years. (Kushner v. Law Society, 1952, I.A .E .R . 404). THE REGISTRY Register A . W anted : An experienced Law Clerk for well-known office in County Tipperary. Will applicant please send on full particulars and copy references and state salary expected. Box A. 137. Register C. W anted : Millers Probate Practice. State price and condition Box C. 132. Register D. P roperty W anted . W anted : A farm of about 150 to 200 acres with small Gentleman’s Residence in good order, in any part of the Republic, but the land must be of first class quality. A llen & H alpin , Solicitors, Church Street, C avan . LEGAL LITERATURE Law Times —28th December—“ Factory : Meaning at Law.” 4th January—“ Disagreement of the Ju ry.” 1 8th January—“ Sir Thomas More The Lawyer—I.” 1 st February—“ Sir Thomas More The Lawyer—II.” 8th F eb ru a ry—“ The D e fam a tion Register B. S olicitor (Lady), experienced seeks appointment, Dublin City. Box B. 159.

15 th February—“ Costs o f Execution ” “ Misrepresentation o f Agent.” 29th February—“ Election Expenses.” 29th December—“ Sales by a surviving Joint-Tenant.” “ Matrimonial Con- ■ nivance.” “ Estate Agents Commis­ sion.” “ Compensation for Loss of Goodwill.” 5th January—“ Revocation Clause in Will.” “ Repairs to Motor Vehicles.” “ Dilapidations.” 1 2th January—“ Consent to Surgical Operation.” 19th January—“ Actions by Spouses against each other in tort.” “ Re- Entry by Evicted Person.” 2nd Februar)'—“ Voluntary Transfers of Property.” “ Permissive but Ex­ clusive Occupation.” 9th February—“ Lien and the Right of Sale.” 1 6th February—“ Recovery of Tax on Tax Free Annuity.” “ Sealing and Its Effect.” 8th March—“ Trustees’ Power to De­ termine Questions.” January—“ Recent Developments in Doctrine o f Consideration.” “ False Documents in the Law o f Forgery.” “ Effect o f Liquidation on Contracts o f Service.” “ Habeas Corpus Ap ­ peals.” 5th January— Historical Background to Charitable Donations and Be­ quests Act 1884—I.” 1 2th January—“ Historical Background to Charitable Donations and Be­ quests Act 1844—II.” “ Garnishee Application Against Co.” 19th January—“ Charitable Bequests— III.” 26th January— Mens Rea—I.” .“ Ap­ plicability of Prerogative Rights.” 2nd February—“ Mens Rea—II.” 9th February—“ Mens Rea—III.” 23rd February—•“ Sportsgrounds Ad­ joining Highways.” “ Constitution­ ality of Section 2 of Land Act 1946.” January—“ Larceny by an Owner and Animus Furandi.” “ Perpetuities ” (W. B. Leach).

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