The Gazette 1967/71

so as to bring into operation the implied term of section 14 (1) Sales of Goods Act, 1893, that the goods correctly described, are fit for the purpose of being re-sold in the foreign market. (Teheran-Europe Co. Ltd. v. S. T. Belton (Tractors) Ltd. (1968) 2 AER 886). [This de cision of the Court of repeal reverses in part the decision of Donaldson J. reported in (1968) 2 WLR 523, reported in Vol. 61, No. 7, Jan. 1968 page 65 of the Society's Gazette.]. Auction — Disputed Bid The defendant auctioneers put a property up for sale by auction. The reserve price was £25,800. The bidding opened at £10,066 and the plaintiff and the auctioneers, on behalf of the vendors, made alternate bids, culminating in a bid of £26,000 at about the same time as the plaintiff's final bid was made, but the auctioneer did not see D's. bid. When D. realised that the accepted bid was not his, he protested. The auctioneers' clerk corroborated D's bid. Acting under condition 2 (3) of the National Conditions of Sale (17th edn.) the auctioneer decided that there was "a dispute . . . respecting a bid" and put the property up again for sale. The plaintiff and D. bid and the property was knocked down to the plaintiff at £37,500. The plaintiff claimed damages of £11,500 against the auctioneers—the difference between £37,500 and £26,000. That claim was dismissed and the plaintiff appealed. The Court of Appeal (consisting of Harman, Russell and Widgery L.JJ.) held on 26th April 1968 that on the facts, there was ,'dispute respect ing a bid" within the meaning of condition 2 (3) and the auctioneer had acted properly in putting up the property for sale again. (Richard v. Phillips and Others [1968] 2 All E.R. 859). (The New Law Journal, vol. 118, No. 5346 page 661. COMPUTERS AND THE LAW A public lecture on this subject will be given by Dr. G. B. F. Niblett of the United Kingdom Atomic Energy Authority on Friday 1st Novem ber at 8 p.m., at Ely Hall, Ely Place, Dublin 2. Dr. Niblett who has both scientific and legal qualifications is a recognised authority on this subject. He is working on a programme to put all British statutes on a computer.

INDEX OF STATUTORY INSTRUMENTS (Published since February 1968 but excluding those Statutory Instruments appearing in a list prepared by the Society and published in the Society's Gazette of April 1968. The list is not intended to be compre hensive and consists merely of those Statutory Instru ments which have been forwarded to the Society by the various Departments of Government during the past number of months). Subject matter and reference numbers An Bord Grain, (Assignment of additional functions) Order 1968—assigns to An Bord Grain the addi tional functions of purchasing and reselling of home grown oats—180/1968. Bovine Tuberculosis Order of 1926 (Revocation) Order —order revokes 1926 Order which was adminis tered by the local authorities and referred to certain clinical forms of bovine tuberculosis—161/1968. Brucellosis in Cattle (Disease—Free Area) Order 112/1968. Brucellosis in Cattle (Movement Control) (Amend ment) (No. 2) Order amending a similar order of 1967 and providing for the movement of eligible animals from certified herds—113/1968. Brucellosis in Cattle (Control of Vaccinations) Order— revokes a similar order S.I. No. 199 of 1966—160/ 1968. Committees of Agriculture (Salaries of Officers) Re gulations. 65/1968. Cork District Milk Board (Election Day 1968) Order— 167/1968. Dublin District Milk Board (Election Day 1968) Order —119/1968. Foot and Mouth Disease (Restriction on the Movement of Persons Order (Amendment) Order 1968— 59/1968. Foot and Mouth Disease (Restriction of Import of Vehicles, Machinery and other Equipment) Order (Revocation) Order—60/1968. Foot and Mouth Disease (Restriction of Sports and Sales) Order (Revocation) Order—61/1968. Foot and Mouth Disease (Merchant Shipping) Orders (Revocation) Order, 62/1968. Foot and Mouth Disease (Restriction on Entry of Persons into the State) Order (Revocation) Order 1968— 78/1968. Foot and Mouth Disease (Restriction on the Movement of Persons (No. 2) Order, 1968—79/1968. Foot and Mouth Disease (Importation of Animals) Order (Revocation) Order, 1968—149/1968. Game Birds Protection Order 1968—extends in respect of the period 1968/69, the annual close seasons prescribed in the Game Preservation Act 1930 for the Game birds listed in the order—136/1968. Game Birds Protection (Lough Carra, County Mayo) Order, 1968—prohibits the killing or taking of any game birds on the water surface or on the islands of Lough Carra, Co. Mayo for the period of one year from the making of the order (20/8/1968)— 176/1968. Hares Protection (County Cork) Order, 1968—93/ 1968. Protection of Animals (Approved Spring Traps) Order 1968—116/1968. 57 AGRICULTURE, LAND AND FISHERIES

Made with