The Gazette 1946-49

possession or occupation against the plaintiff's. The Master of the Rolls in giving judgment referred to the duties of a vendor of property pending completion as laid down in Lysaght v. Edwards (1876) 2 Ch. D. 499 as follows : " He is not entitled to treat the estate as his own. If he wilfully damages or injures it, he is liable to the purchaser ; and more than that, he is liable if he does not take reasonable care of it." The defendant in the case under appeal claimed to have abandoned the rubbish deposited on the property in order to support his claim that he had in fact given vacant possession of the pro– perty, but this the Court held to be a breach of his duty as vendor of the property pending completion. Furthermore the Court held that, subject to the rule de minimis non carat lex, a vendor who leaves property of his own on premises on completion cannot be said to give vacant possession, since by doing so he is claiming to use the premises for his own purposes and it was no answer to the plaintiffs' claim to say that the vendor had committed a breach of the trust by abandoning his property on the premises. The Court was unable to see any difference in essence between the existence of a physical impediment to the enjoyment of vacant possession, such as the abandonment of goods orl the premises, and occupation by a trespasser against whom the purchasers would have the right to possession in law. What the purchasers bar– gained for was not merely the right and law but the power to exercise that right. It was made clear, however, that the impediment to possession to enable the purchasers to succeed in an action against the vendor must be something which sub– stantially prevents and interferes with the enjoyment of the right of possession of a substantial part of the property and that mere trivial impediments would fall within the rule de miminis non cnrat lex.

OBITUARY DISTRICT JUSTICE WILLIAM MEAGHER died at his residence, Longford House, Templemore, Co. Tip- perary, on the yth June, 1946. District Justice Meagher served his apprentice– ship with the late Mr. Laurence J. Ryan of Thurles, was admitted a solicitor in Hilary Sittings, 1911, and practised at Templemore up to the year 1922, when he was appointed District Justice for Leix, Offaly and-Tipperary. THE REGISTRY (i) Entries will be accepted from solicitors for the Registry under the following headings : Sec– tion A Practices] for sale, partnerships and assistantships vacant; Section B. Practices, partnerships and assistantships sought; Section C. Miscellaneous information required, books, office equipment, etc., wanted or for sale. (2) Each entry accepted will be made in the appropriate section of the register which is open for inspection at the Society's offices during business hours. Each entry accepted will also be published once in the Society's Gazette: If the advertiser wishes, the entry and advertisement in the Gazette may be over a box number. (3) Charges for each entry in the Register (including one publication in the Society's Gazette) ; members of the Society 3/- for 30 words or less and id. for each additional word over 30. Other solicitors double the rate for members of the Society. (4) Replies to entries in the Register and advertisements will not be forwarded by the Society unless postage is pre– paid. (5) Replies to advertisements should be marked with the appropriate Box No. and addressed to the Society. (6) The use of the Registry by solicitors is subject to general conditions, copies of which may be obtained from the Secretary.

EMERGENCY POWERS ORDERS INDEX

AN index of the Emergency Powers Orders for the period 1939 to 1945 has been published and may be purchased directly from the Government VVA N T E D Publications Sales Office, College Street, Dublin, -_________^^__ or through any bookseller. It is in three parts.

Part I consists of tables of Emergency Powers Orders, i.e., tables of orders made by the Govern– ment and tables of subsidiary orders. Part II has tables of the effect of Emergency Powers Orders on British Statutes, groups of Acts, Saorstat Eireann statutes and Acts of the Oireachtas and all statutory rules and orders. Part III contains a detailed index to the Emergency Powers Orders. Price 2 /- Post free 25. zd. '

Prideaux, 21st Ed.; Bullen and Leake, 9th Ed.; Wylie, 2nd Ed. (1906) or Connor's Justice of the Peace, 2nd Ed.; Battersby's Pocket Pleader ; Gill on Costs.

State prices.

Box No. C.I 11.