The Gazette 1964/67

The plaintiff's claim, in essence, was a claim to a right of uninterrupted and unobstructed right of passage over a public road which was not yet a public road and in the Judge's opinion such a right did not exist. When the road becomes a public road, it will be a public road with a division in it which was there before it was opened for public passage. Mr. Justice Kenny said that, moreover, he thought that there was a statutory authority for the building of a new road, divided from but near an existing road. The widening was authorised by the Act of 1925 which defined "maintenance" as including widening, and the division together with the building of another road was, in his view, a reason able improvement and therefore, also, within the difinition of "maintenance", and the County Council had both the right and the obligation to maintain public roads. "It is, in my view, an improvement because (1) this makes it possible for traffic going in either direction to move more quicklv; (2) it makes passing a slow-moving vehicle much safer; (3) it reduces the risk of head-on collision, and (4) the divided road can carry much more traffic than an undivided road. "It is, therefore, in the year 1967, in my opinion, a reasonable improvement and it is, in my opinion, authorised by the Local Government Act, 1925. "It follows that the plaintiff's claim in this action failed because (1) in so far as the plaintiff claims a right of access as a private right, \vhat the County Council propose to do, and have done in part, will not have interfered with it in any way by the proposed division, (2) in so far as the plaintiff claims his right as a member of the public to pass and re-pass, the division will not, in my opinion, be a nuisance because it will have been put in the road before the road becomes a public road. Moreover, it is, in my opinion, justified by statutory authority. "In so far as it interferes with the plaintiff's right as a member of the public to pass and re- pass, Section 85 of the Road Traffic Act, 1961, justifies the imposition on members of the public of the obligation, on a dual carriageway, to travel on one side only when travelling in a particular direction." (Francis Holland v the Dublin County Council. The Irish Times, Friday, March 10, 1967).

THE LAW OF STAMP DUTIES THIRD REVISION

Further supplementary pages have now been published — Price 5/- (postage lOd. extra). This Third Revision incorporates the pro visions relating to Stamp Duties contained in the Finance Act, 1966, and in non- Revenue statutes passed in the year 1965. The original volume and the First and Second Revisions, which together contain previous enactments relating to Stamp Duty, cost 88/- (postage 3/3 extra). AVAILABLE from the Government Publications Sale Office, G.P.O. Arcade, Dublin, 1. LIBRARY ACQUISITIONS Books received in Library since March 1966 (a) Books purchased Adamson (A. V. )and M. G. Coorey: The Valuation of Company Shares and Businesses, 4th edn., 1965. Beattie (C. W.): Elements of Estate Duty, 5th edn., 1966. Baynes (J. Hamilton): Share Valuations, 1966. British Institute of International and Comparative Law: Parental Custody and Matrimonial Maintenance (Hull Symposium, 1967). Bromley (. M.): Family Law, 5th edn., 1966. Carroll (P.): Garda Siochana Guide, 4th end., I960. Cooper (M.) and J. Wood: Outlines of Industrial Law, 5th edn., 1966. Cross (C. A.): Principles of Local Government, 3rd edn., 1966. Current Law Citator: 1947-1965. Current Law Yearbook: 1965. Coutts (J. A.): The Accused (A Comparative Study), 1966. Devlin (Lord): Trial by Jury, 1966. Encyclopaedia of Forms and Precedents: Fourth Edition, Vol. 5 and 6 (Company Law), 7 (Commons to Easements), and 12 (Landlord and Tenant, Part II). English and Empire Digest: Replacement Volumes 47 (Trusts to Weights and Measures) and 48 and 49 (Wills)—1966. English and Empire Digest: Third Cumulative Supple ment — 1966. Gibson (W.): Probate Law, 17th edn., 1966. Glaister (J.) and E/Rentoul: Medical Jurisprudence. 17th end., 1966. Grunfeld (Cyril): Modern Trade Union Law, 1966. Guest (A. G.): The Law of Hire-Purchase, 1966. Hallett (V. G. H.): Conveyancing Precedents, 1965. Halsbury (Lord): The Laws of England, Third (Simonds) edn., Cumulative Supplement, 2 vols. 1966. Hardy Ivamy (E. V.): General Principles of Insurance Law, 1966. 137

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