The Gazette 1967/71

freehold estate provided commence "with an the 18th October, 1845", and made between persons whose names are mentioned, and that the earlier title should not be investigated or objected to. From the abstract of title delivered by the vendors to the purchaser it appeared that the deed of 1845 was a conveyance by a person, who purported to be the absolute owner, of freehold and leasehold property to trustees, on trust for himself for life, and after his death on trust to sell the property and to hold the proceeds of sale on the trust declared by a deed of even date. An expressed power was reserved to the grantor to revoke the trust. The deed was a voluntary one, except for the consideration which resulted from the liability assumed by the trustees in respect of the lease hold :— Held, by Fry, J., and by the Court of Appeal, that, in-as-much-as the fact that the deed of 1845 was a voluntary one it would influence the purchaser in determining whether he would agree to accept a title commencing within forty years, the vendor ought to have stated in the conditions of sale the nature of the deed; that the omission to state this rendered the condition a misleading one; where the purchaser was not bound by the contract to accept a title commencing with that deed. By a deed executed in 1858 (after the death of the settlor) the trustees conveyed the property to a purchaser for value. This deed contained a recital, not being shewn to be inaccurate was conclusive evidence that the deed of 1845 had not been revoked either by an exercise by the settlor of the power of revocation, or by a sale of the property by him for value during his lifetime. During the course of the report at page 15 Fry, J., observed :— "Is not the objection that, when you limit the purchaser as to the length of title which he is to have, you ought to tell him if you intend to start with a voluntary deed? A vendor should give full information to the purchaser; he ought to state that which, if it is not stated may, make thar which he does state ambiguous or misleading; in re Banister (12 Ch. p. 131). REDUNDANCY PAYMENTS BILL, 1967 The Redundancy Payments Bill which is before the Oireachtas at the date of going to press provides for :— (a) a scheme of redundancy payments for wor kers and (b) a scheme of resettlement allowances for re dundant- and other unemployed workers who that the title should indenture dated

may have to move from their home areas to secure employment. The redundancy payments scheme will apply to workers who are employed in employment which is insurable for all benefits under the Social Wel fare Acts, with the following exceptions :— (a) Part-time workers. (b) Workers who are under 18 or over 65 years of age. An employee will be taken as having been dis missed because of redundancy if the whole or main reason for his dismissal is the fact that the job for which he was employed has ceased or is about to cease to exist [section 7 (2)]. Dismissal due to misconduct will not constitute redundancy (section 14). Solicitors will be interested in this Bill as employers of labour and members would be well advised to procure a copy of the Bill and of the Explanatory Memorandum which sets forth the objects and provisions of the Bill in detail. FINANCE (MISCELLANEOUS PROVISIONS) BILL, 1967 The Bill was introduced by the Minister for Finance to amend the law relating to Inland Revenue and to make further provisions in rela tion to finance is available from the Government Publications Sales Office, price 2/6. The first nine sections of the Bill provide for the change from Special Commissioners to Appeal Commissioners. The Bill implements the recom mendations of the Income Tax Commission that the functions of the Appeal Commissioners should be appellate only. Heretofore the Special Com missioners had exercised certain administrative functions and had, in fact, made certain assess ments. It is now provided that the Appeal Com missioners should exercise an appellate function only and would be thus further removed from the enforcement side of the Revenue. The first Appeal Commissioners will be the two Special Commissioners. All the administrative functions carried on by the Special Commissioners are to be transferred to the Revenue Commissioners who will also cease to be as they are at present ex officio Special Commissioners. Section 4 provides for the limiting of time in which assessments must be made in the absence of fraud or mistake, a like provision and time limit (ten years) is made in relation to repayment claims. Part IV of the Income Tax Act, 1967 is amended by Section 7 which contains relieving provisions in relation to the taxation of rents. Relief is now given where a person has property 53