The Gazette 1946-49

STATUTORY COMMITTEE THE following is the Statutory Committee appointed by the Chief Justice pursuant to Section 34 of the Solicitors' (Ireland) Act, 1898 : Messrs. Henry St. J. Blake (Chairman), Patrick R. 'Boyd, John B, Hamill, William ). Norman, Scan 6 hUadhaigh. Daniel O'Connell, G. Acheson Overend. EXCHANGE CONTROL ORDER, 1947 The attention of solicitors is directed to the Exchange Control Order, 1947, No. 394 published by'the Government Publications Office, 3/4 College Street, Dublin.—Price 4d. The following directions were published in the morning newspapers on January^ I3th : Securities 1. Holders of securities of the following kinds are reminded that in accordance with the above- mentioned Order and the Exchange Control Order, 1947 (Supplemental Provisions) (No. i) Order, 1947. they are obliged, as from the ijth January, 1948. to cause them to be kept at all times in the custody of a Bank in the State, except when they are withdrawn with the permission of the Minister for Finance'for a lawful purpose : (1) Securities transferable by means of bearer certificates ; (2) Securities registered outside the State on which interest or dividends are payable by coupon ; (3) Securities registered outside the Scheduled Territories ; (4) Securities registered in the Scheduled ~" Territories which can be transferred to or in a register outside the Scheduled Territories. 2. In general such Securities must be physically deposited with a bank in the State, but Securities which are at present on deposit in a bank or other institution outside the State need not be imported provided arrangements are made to have them held to the order of a bank in the State. 3. Letters of allotment or rights and securities on which interest or dividends have not been paid for at least 30 years have been exempted and need not be deposited. 4. A period of grace of ONE MONTH from the 15th January has been allowed by the Minister for Finance for compliance with this requirement of the Exchange Control Order. FOR FURTHER INFORMA TION A BANK SHOULD BE CONSULTED.

5. REGISTRARS OF IRISH COMPANIES are reminded that on and after the ijth January they may not issue, or register the transfer of, ANY SECURITY WHATSOEVER unless the appropriate declarations as to the residence of the parties to the transfer are given or Permit C is produced indicating that the permission of the Minister for Finance has been obtained. For further information Notice I.C. No. i issued by this Department and obtainable from any bank, should be consulted. NOTE : THE SCHEDULED TERRITORIES are :— Ireland, the United Kingdom and its dependent territories, the Commonwealth of Australia and its dependent territories, New Zealand and its de pendent territories, the Union of South Africa and South West Africa, India, Pakistan, Palestine, Iraq, Transjordan, Iceland, the Faroe Islands, Burma and Ceylon. Roinn 'Airgeaclais. 13 Eanair, 1948. PROFESSIONAL ITEMS IN Beard /'. Porter (63 T.L.R. 543) the defendant had agreed to sell to the plaintiff a dwellinghouse which at the material time was occupied by a tenant who was entitled to the protection of the Rent Restrictions Acts. The house was sold subject to the tenancy but in the contract, in which it was stated that the purchaser required the premises as a personal residence, the vendor (somewhat rashly it may be thought) undertook that the purchaser would be given vacant possession of the house on a date specified, which was later than the date appointed for completion. The purchase was completed in accordance with the contract, and the purchase money was paid over, but when the date arrived on which the purchaser was to be given possession of the premises, the tenant declined to vacate them and relied on his rights under the Rent Restrictions Acts. The purchaser was compelled to incur the expense of taking lodgings until he could obtain another house which he subsequently purchased. In an action against the vendor for damages he was awarded a sum of £1,078 135. od. made up of the following four items (i) £980 being the difference of the value of the first house with vacant possession • and its value subject to the tenancy, (2) the solicitor's charges incurred by the purchaser in connection with the purchase of the second house namely £52 18s. od., (3) ad valorem stamp duty in con nection with the second purchase £30, (4) payments made in respect of board and lodging by the pur chaser £15 155. od. On an appeal by the vendor against the amount of the damages the Court of Appeal were unanimous in allowing items (i) and 49