The Gazette 1952-1955

Cross-Examination—Some Aspects ( I.L.T ., 17th, 24th, and 31st July, 1954). Factory Acts ( I.L.T ., 10th July, 1954). Fusion o f Law and Equity—Reflections after 75 years (Evershed) (L .j 2 -R., July, 1954). Furtum and Larceny (Duff) ( Camb. L .J., April, 1954). Sir Matthew Hale (Hurst) (L .J 2 .R ., July, 1954). Jury Discretion in Murder Trials (Hall Williams) ( M.L.R ., July, 1934). Justice in Poland to-day (Korowicz) (N.Y. Bar Association Rec., June, 1934). Infants and Companies (L .T ., 23rd July, 1954). Inheritance Act Applications (S.J., 24th July, 1934). Landlords not unreasonably withholding consent to prevent sale o f premises to third parties on behalf of brothers to be conducted as secondary school in residential area—“ Lloyd and Burke v. Earl of Pembroke ” (Dixon J.) (I.L.T., 31st July, 1954). Liability o f Hospitals for Negligence of their Staff (Delany) (Ir. Jur., 1952, 45). Limitations on Liability o f Electricity Authority (L.T., 1 6th July, 1954). Local Government—Authority to Prosecute (L .T ., 1 6th July, 1934). Myth o f Mistake in English Law o f Contract (Slade) L.O.R., July, 1934). Not Doing is No Trespass (Milsom) (Camb. L .J., April, 1954). Occupational Hazards (S.J., 24th and 31st July, T 954 )- Ownership o f Highways—“ Tithe Redemption Commission v. Runcorn U. D. C.” (S.J ., 31st July, 1954). Pecuniary Rent—“ Montagu v. Browning (S.J., 31st July, 1954). Piggeries held to be “ permanent buildings ” under Landlord and Tenant Acts, and remaining land held “ subsidiary land to buildings ” —Hickey v. Corr (Haugh J.) (I.L.T., 31st July, 1954). Polygamous Marriages and English Criminal Law ( Bartholomew ) (July , 1954). Practitioner’s Reference Tab le: Landlord and Tenant (Ir. Jur., 1952, 49). Psychiatric Aspects o f Report on Capital Punishment (Glover) (M.L.R., July, 1954). Rent Act Avoidance—“ O’Connor v. Huma ” (I.L.T., 23rd July, 1954). Res Ipsa Loquitur: Australasian Experience (O’Connell) (Camb. L .J., April, 1954). Res Gestae as Hearsay (Nokes) (L. < 2 -R., July, 1954). Statutory Notice o f Incumbrances—Effect o f (Wade) (Camb. L .J., April, 1954). , Testamentary Republication: Present State (Mitchell) (L.J 2 -R-, J ulY> 'TA)- 3 2

report confirming the Minister’s proposal. On September 30th, 1952, a certificate was issued by the Minister and on October 6th, 1952, notice of this certificate was served on the plaintiff. The plaintiff did not apply to the court to quash the certificate within the six weeks after sendee. In an action by the plaintiff for a declaration that the proceedings before the tribunal were null and of no effect, it was contended on behalf of the Minister that the tribunal was validly constituted, and that, even if there had been a defect in the appointments to the tribunal, it was not open to the plaintiff to question the validity of the certificate in any legal proceedings whatsoever. Held by Stable J. : (i) as the secretary of the tribunal had no powers delegated to him by the Minister to appoint members o f the tribunal, there was no appointment o f the two members of the tribunal and the tribunal was not properly con­ stituted. (ii) Accordingly, the certificate issued by the Minister never was a certificate in accordance with the provisions o f the Act o f 1947, because the essential condition o f reference to a properly con­ stituted tribunal had not been observed; the plaintiff was not precluded by paragraph 16 of schedule 1 to the Acquisition o f Land (Authorisation Procedure) Act, 1946, from questioning the validity of the Minister’s certificate, and the proceedings for compulsory acquisition of the land (namely, the Minister’s proposal and certificate and a notice to treat) were null and void. N o t e : The criticisms made by the Judge on this decision have been remedied by the Agricultural (Miscellaneous Provisions) Act, 1954. Woollett v. Minister for Agriculture and Fisheries (1954)—2 All E. R. 776. RECENT LEGAL LITERATURE. Abolition of Secrecy in the Preferment o f Indict­ ments (Solomon) (M.L.R., July, 1954). Bankruptcy Motions—Notice of Length o f Motions to be given to Registrar. Boundaries—“ Minter v. Wheeler” (S.J., 31st July, 1954 )- Careless Chauffeur—“ Semtex Ltd. v. Gladstone ” (L .T ., 1 6th July, 1954). Criminal Degrees o f Knowledge (Lloyd Edwards) (ALL.R., July, 1954). Crichel Down and After ( S .J ., 31st July, 1954). Complement o f Court and Counsel (Peck) (N.Y. Bar Association R ec., June, 1954). Costs relating to Compulsory Purchases ( S .J ., 24th July, 1954).