The Gazette 1967/71

succeeded the executors and trustees of this my will (and I express the wish that two and only two of them will prove my will and act initially in its trusts)"; the words in brackets being precatory only. Q.B.D. 29/11/69 In Re Horgan (deceased) Words and Phrases The interrelation between space and time was discus sed in the Divisional Court when a police prosecutor appealed unsuccessfully from Carlisle justices' dismissal in November because they concluded that he had not been given a breath test "there or nearby" as provided by section 2(1) of the Road Safety Act, 1967, which gives jolice power to require a breath test from a "person driving or attempting to drive". Ct. of Appeal 7/7/69 Donegani v. Ward. The phrase "personal washing facilities" in section 15 of the Housing Act, 1961, which empowers local authori ties to require landlords to carry out certain work to their premises, is capable of including the provision of a piped supply of hot water. Ct. of Appeal McPhail v. Islington London Borough Council. This handy book achieves its purpose admirably, as there are, specialist contributors to explain the intricacies of the law to the novice. Professor Graveson in his introduction states that the pur pose for which law is used is basically to make social life possible; a philosopher might dispute this. Professor Chloros in discussing "Law is an indispensable function of society", rightly insists that a scale, of values is decisive in shaping the kind of state in which we live. Professor Kiralfy in discussing "The Structure of a Legal System" severely criticises judge-made law as "imposing liability or inflicting punishment after the facts for something which was not obviously wrong before it". Mr. Davies, in stressing the "Relation, ship between the law and the Constitution" treats of the unwritten English conventions and rules, but ignores written Constitution. Professor Guest distinguishes between "Common Law and Equity" and finds this division cumbersome. Mr. Hughes deals with "Sale of Goods", and Mr. Boule explains briefly the intricacies of Company Law. 90 to and carries on its practice to be BOOK REVIEWS 1. Law — An Outline for the Intending Student — Editor, PROFESSOR. R. H. GRAVESON, Q.C., 8vo., pp. vi, 207, London, Routledge and Kegan Paul, 1967, 13/-.

liability to capital gains tax, within section 44 (3) of the Finance Act, 1965. Ch.D. 5/12/69 Hinchcliffe (Inspector of Taxes) v. Crab- tree. Time The Minister of Housing and Local Government has a descretion to extend beyond six months the time within which a local authority must submit a compulsory pur chase order. Though section 43(4) of the Housing Act, 1957, provides that the submission shall be within such longer period as the Minister may "in the circumstances of the particular case allow", those words do not fetter his absolute discretion or impose on him the duty to inform himself of all the circumstances of the case so as to include the circumstances of a particular land owner, and ascertain his views. Q.B.D. 7/12/69 Aristides and Another v. Greater Lon don Council and Another. When a notice of intended prosecution posted by registered post the day after a motoring offence did not arrive until more than 14 days after the offence, the Court held that the notice should be deemed to have been served within been served within 14 days if it was sent to the drivers last known address, notwithstanding that it was not received. The 14-day period within which a notice had to be sent under section 241(2) of the Road Troffic Act, 1960, was to be included in a later provision in the section that the notice should be deemed to have been served (within 14 days) if it was sent to the driver's last known address by registered post or recorded delivery. Ct. of Appeal 27/11/69 Groome v. Driscoll. The date for assessing compensation for land com- pulsorily acquired under the rule applicable where the owner wishes to reinstate his property elsewhere is no longer to be the date of the notice to treat but the earliest date at which a reasonable owner could have begun reinstatement. House of Lords 16/7/69 Birmingham Corporation v. West Midlands Baptist (Trust) Association. Wills The testatrix, Mrs. Marjorie Morris, of Workingham, Berkshire, was not bound by a slip made by her solicitor in the preparation of a codicil which she raed before executing. His Lordship said that the testatix's solicitor, who drafted her last testamentary instrument, made a slip. Q.B.D. In Re Morris (deceased). A clause in a will which read "I appoint the firm Rodgers, Horsley & Burton . . . who may act through any partner or partners of that firm or their successors in business at the date of my death not exceeding two in number to be the executors and trustees of this my winll . . ." was held not to be void for uncertainty His Lordship agreed with counsel that the formula sug gested by Mr. R. T. Oerton in an article in the Law Society Gazette was probably the best which could be devised and was greatly to be preferred to the one under consideration. The suggested clause was: "I appoint the partners at the date of my death in the firm of —— of —— or the firm whcih at that date has