The Gazette 1944-46

offences; and a bill combining the various statutes relating to the property rights of married women, while relieving a husband from his lia bility for his wife's torts. Reference to the new law code was made by Mr. Kevin Dixon, S.C., Attorney-General, when he spoke at the Annual Dinner of the Dublin Solicitors' Bar Association at the Dolphin Hotel, Dublin, on 15th December, 1945. (Irish Times) LANDLORD AND TENANT ACT, 1931 NOTICE OF INTENTION TO CLAIM RELIEF THE attention of Solicitors is directed to Section 24 of the above Act, which prescribes the time within which iriay be served Notice of Intention to Claim Relief pursuant to some of the pro visions of the Act. Occasionally it has been found that the notice has not been served in time and tenant clients and their solicitors have found themselves in diffi culty. In accordance with Section 45 of the Act, a Circuit Judge may, oil application, extend the time for the services of the notice, but the matter is one for the discretion of the Judge and this discretion is only rarely exercised in favour of the Tenant. Accordingly, solicitors acting for Tenants claiming relief under the Act should take steps to ensure that ths necessary notice is served in good time to comply with Section 24. IN the case of James Sheridan, a registered owner of land-Folio 1311, Co. Dublin, it has been decided by the Supreme Court that the word "transfer" in Section 87 (3) of the Local Registration of Title (Ireland) Act, 1891, which grants exemption from fees on any transfer under the section from a personal representative to a beneficiary, includes both an instrument of transfer and a transfer by way of assent. The effect of this decision appears to be that no Land Registry fees will in future be payable on transmissions on death, unless applica tion is made to have the personal representative registered for the purpose of administration, in which case the appropriate fees (maximum £l under the 1944 Fee Order) will be payable on that application. The appeal was taken to the Supreme Court with the support of the Council. A fuller note on the effect of the decision will be published in the next issue of the Gazette, LAND REGISTRY FEES ON TRANSMISSIONS ON DEATH

SETTLEMENTS ON BEHALF OF MINORS THE following note which appeared in the Irish Law Times and Solicitors' Journal of 5th January, 1946, is of interest to solicitors :—"On December 21st Davitt, J. in the High Court, Eire, said that in an application to have a consent to settlement of an action made a rule of Court where the plain tiff was a minor, the full facts of the case should be set out in the affidavit, so that they might appear on the records of the Court. It was highly desirable that not alone should the usual state ment be made that the settlement was in thj interest of the infant plaintiff, but that it should also appear on what grounds such statement was made. His Lordship refused to make a consent a rule of Court in a case before him, until a new or supplemental affidavit had been made embody ing the full facts of the case. SEARCH FEES THE Council have re-considered Opinion No. 90 published in the Calendar for 1945. The enclosed opinion of the Council should be substituted there for. It has not been possible to make this change in the 1946 Calendar and members may find ,it useful to paste the enclosed opinion into the 1946 Calendar in substitution for Opinion No. 90 therein. OBITUARY MR. WILLIAM J. BARRY, Solicitor, died at his residence, Hazelbrook, Sundays Well, Cork, on 22nd October, 1945. Mr. Barry served his apprenticeship with the late Frederick W. Wynne, Cork, was admitted a Solicitor in Trinity Sittings, 1909, and practised at Midleton, Co. Cork. MR. JAMES MCAULIFFE, Solicitor, died at his residence, "Roseneath Villas," Military Road, Cork, on 30th November, 1945. Mr. McAuliffe was admitted a Solicitor in Michaelmas Sittings, 1891, and practised at Cork. MR. JAMES J. O'SHEE, Solicitor, died at his resi dence, Lisieux, 17 Pembroke Park, Ballsbridge, Dublin, on 1st January, 1946. Mr. O'Shee was admitted a Solicitor in Trinity Sittings, 1890, and practised at Clonmel and Carrick-on-Suir under the style of J. J. O'Shee & Co. He was Nationalist M.P. for West Waterford from 1895 until 1918,

63