The Gazette 1940-44

under no circumstances would the Court of Appeal be justified in interfering with the dis cretion of the learned judge in the Court below, yet it would only be in the most extraordinary circumstances that an application to review the decision of the judge as to the conduct of the business in his own Court could succeed ; that the only case in which the Court of Appeal would so interfere would be if satisfied that the decision was such that, notwithstanding the exercise of the learned judge of the power of control which he would have, over the action when it came on for hearing, justice did not result, and that he had failed to see that such would be the effect of his decision. While it might be difficult to found a right of appeal from the refusal of the Court to make any order on an informal application for an adjournment, it is probable that the refusal to grant an order for adjournment on an application made formally on notice and supported by affidavit would be a judgment or order and consequently subject to appeal. Having regard to the essential similarity in terms of the corres ponding statutes and rules, it would appear that the right of appeal is governed by the same considerations in the Irish as the English Courts. Action for negligence against Solicitors. THE question as to whether an action for negli gence by a client against his solicitor falls within the rule "Actio personalia moritur cum persona " was recently decided by the President of the High Court on hearing a reference of a preliminary point of law. The action on the pleadings was based on negligence. The defendant died while the action was still pending and his personal representatives pleaded that the alleged cause of the action abated on his death, as being founded on tort. His Lordship held that he was entitled to look at the substance of the action and not merely at the form of the pleadings. The test to be applied was whether the liability, if any, of the defendant to the plaintiff arose independently of any contract between them, or whether it arose out of obligations undertaken by contract. It seemed to him that the substance of the action before him was the breach of a duty arising out of a contractual obligation, and the claim, therefore, did not abate by reason of the death of the defendant. (72 I.L.T.R. 190). Restriction of Rents Order. EVERY Solicitor will probably need a copy of the Emergency Powers (No. 313) Order, 1944 (S. 11. & O., 1944, No. 29) which came into force on 8th February, 1944. The effect of the Order is

to control the rights of landlords both in regard to recovering possession and increasing the rent of premises to which the order applies. Con trolled premises are, subject to certain exceptions, denned as dwelling or business premises situate in the County borough of Dublin or the borough of Dun Laoghaire, if'the rateable valuation does not exceed £60, and situate elsewhere if the rateable valuation does not exceed £40. Under Article 4, the basic rent of controlled premises which were let for a term not greater than five years on 7th May, 1941, is the rent payable on that date, or in the case of premises last so let on a date not earlier than five yers before 7th May, 1941, the rent at such earlier date. In the case of controlled premises not within Article 4 the Court is empowered to fix the basic rent. The Order provides for the recovery by tenants, but not retrospectively beyond 8th February, 1944, of any sum overpaid in respect of rent within six years after the date of payment thereof. It also contains an important provision enabling the Court in certain cases to rescind, retrospectively, ejectment orders made before the making of the Emergency Powers Order. An application to have an ejectment order rescinded under this Article must be made within three months from 8th February, 1944. The Order does not apply to premises already controlled under the Act of 1923. Copies of the Order are now on sale at the Government Publications Office, College Street, Dublin. Solicitors' Documents in the Central Office. THE attention of solicitors is directed to the fact that, from time to time, many of their documents and copies of documents are left in the Central Office of the High Court. Solicitors are reminded that these documents may be of importance to them and that they should be taken up from the Office. Experience in the Central Office has shown that in taking up their own documents solicitors' assistants sometimes also take away documents of other firms by inadvertence. We have been asked to remind solicitors of the necessity of care by their assistants in this matter, as mistakes may cause considerable inconvenience to other members of the profession. Our Statute Roll "A CALENDAR of the Statute Roll in Force" (1922-1943) is to appear early in March at The Sign ofthe Three Candles. The object of the book, which runs to about 100 pages, is to save pro-

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