The Gazette 1958-61

substituted for demolished premises), sections 15 and 16 (Declaration as to fitness and convenience of proposed licensed or club premises, or as to suitability of licensed premises for restaurant certificate), section 21 (Extended definition of " hotel" to include 20 rooms in Dublin, and 10 rooms elsewhere), section 27 (Power to grant full seven day licence for premises having restricted licence within two years upon payment of £200) and section 40 (Sale of intoxicating liquor in sealed containers if quantity indicated thereon). The Intoxicating Liquor Act, 1960—No. 18 of 1960— may be obtained from the Government Publications Sale Office for 3/6—postage 3d. Members who desire to obtain the very useful explanatory memorandum annexed thereto should apply for the Intoxicating Liquor Bill, 1959—as passed by Dail fiireann—obtainable at 2/6—postage 4d. RECENT DECIDED CASES Applications for contribution In an action for damages dismissed. The appeal of Messrs. John Sisk and Son, Ltd., Cork, from the dismissal of their action for an indemnity or a contribution from National Grain Silo, Ltd., Cork, in an action for damages was dismissed by the Supreme Court in a reserved judgement. It was stated that Messrs. Sisk and Son had been doing building work at the National Grain Silo company's premises in 1953, when one of the Silo company's employees, Roger Power, fell into an excavation and injured himself. He took proceedings against Messrs. Sisk and Son, and Murnaghan, J., on 2ist July, 1955 in the High Court gave a direction in favour of Messrs. Sisk and Son. On appeal the Supreme Court ordered a new trial on I5th May, 1956, and a second jury found that Messrs. Sisk were negligent and awarded Mr. Power £750 damages, with the costs of both trials before Lavery, J., in Cork in March, 1957. Mr. Power's costs taxed at £716 odd, and Messrs. Sisk's costs, taxed at £704, making a total with the £750 damages of £2,170. Messrs. Sisk claimed an indemnity or a contribu tion from National Grain Silo company in relation to that sum. Dixon, J. held that on this issue their claim must fail. He was not satisfied he said, that National Grain Silo, Ltd. knew there was any unusual danger. The Chief Justice, Mr. Justice O'Dalaigh and Mr. Justice M. Maguire were unanimous in their decision that Dixon, J. should be upheld and consequently the appeal failed. (Irish Independent, 8th April, 1960.) 39

(i) A prosecution for an offence under these Acts or under regulations made under these Acts may be brought at the suit of the Minister. (3) Notwithstanding any provision in any Act specifying the period within which summary proceedings may be commenced, proceedings in respect of an offence under these Acts or under regulations made under these Acts may be com menced at any time within the period of three months from the date on which evidence, suffic ient in the opinion of the Minister to justify a prosecution for the offence, comes to his knowledge, or within the period of twelve months after the commission of the offence, whichever period last expires. (4) For these purposes, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof. (5) This section shall only have effect as respects proceedings in relation to offences committed after the ist August, 1960. FINANCE ACT, 1960. The Finance Act, 1960 is a comprehensive measure of 41 sections and 4 schedules. Space precludes a detailed consideration of the Act. Attention is, however, drawn to section 2.5 (Alteration of rates of estate duty), section 24 (No estate duty payable for estates under £5,000), section 34 (confirmation of agreements dated 23rd June, 1960 between Ireland and U.K. with respect to exemptions from tax); section 36 (Abolition of Stamp Duty on passports), section 37 (use of adhesive stamps on attested copies of wills, probates and letters of administration). The Finance Act, 1960 contains 27 pages, and is obtainable from the Government Publications Sale Office, Henry Street Arcade, Dublin for 4/6—postage 3d. extra. INTOXICATING LIQUOR ACT, 1960. The Intoxicating Liquor Act, 1960 became law on the date of its signature by the President on the 4th July, 1960. This measure amends the Licensing Act, 1902 and the Intoxicating Liquor Acts of 1927 and 1943 in various respects ; it is a measure of 41 sections and one schedule, and space precludes detailed consideration of the Act. Attention is, however, drawn to section 4 (Revised prohibited hours) which apply generally also in hotels and restaurants (section 5) and in clubs (section 6), section 13 (Grant of new licences in rural areas in substitution for two existing licences), section 14 (Grant of new licence in respect of premises