The Gazette 1908-9

[MAR., 1999.

The Gazette of the Incorporated Law Society of Ireland.

108

Labourers (Ireland) Order, 1906, and Plaintiffs obtained a Civil Bill Decree for the amount of ihese costs, subject to taxation by the Registrar of the County Court Judge of Londonderry. Defendants appealed. Madden, J., reversed decree, and at the request of plaintiffs, stated a case. The question put in the case stated for the decision of the Court was, whether the de fendants have the right to demand that the costs shall be taxed under the provisions of the Act of 1906, and the rules thereunder. To which the Court answered— "The Court doth answer the said question as follows:—"That the Labourers Act, 1906, does apply, and the plaintiffs not producing a Certificate of the Local Government Board for Ireland of the sum payable, are not entitled to recover." Solicitors' Benevolent Association, A MEETING of the Directors was held on of February, 1909, Mr. Wm. Fry, J.P., in the chair, and eleven other members present. The Secretary reported having received ,£113 Ss. in annual subscriptions, donations of .£5 $s. each from Sir Augustine F. Baker and Mr. Joseph H. Bennett, and a life sub scription of £10 ioj. from Mr. E. M. F. G. Boyle. Grants amounting to ^£47 ios. were made to five applicants for relief. Mr. Fry was re-elected Chairman, Sir George Roche, Vice-Chairman, and Mr. M. Barrington Jellett, Hon. Secretary for the current year. The report of the scrutineers as to the result of the voting for the election of a candidate to an annuity of,£15 was submitted, and Mrs. Anne J. Johnson, having received the highest number of votes, was accordingly elected. The following new members were enrolled since previous meeting :—

v. The County Court Judge of County Tyrone (10 L.R.I.), and The Secretary for War v. Go/ (z I.E.. 1905), relied on by the appellants. I asked the Solicitor-General at the end of his argument what the remedy was, and he re plied—" a writ of mandamus " ; but he did not suggest the form of mandamus that would be applicable. I may, however, point out that if pursuant to such a writ there was a real taxation and another certificate, that document would and ought to correspond with the last in even respect except the amount; and how could the local authority choose between them ? There- suit would be to introduce a new element o! confusion. Therefore I hold that the order appealed from is right, and that the appeal j must be disallowed. I ought to add that, after j these proceedings began, the Board made a Rule prescribing a new scale of fees. I say nothing about the amounts of those fees, which could only be properly fixed after much careful consideration and the best expert assistance. In some other respects, however, the order is plainly illegal; and it would be well to have it reviewed and corrected as soon as possible by someone who understands that the basis of our \ whole legal system is that no man's rights can I be adjudicated upon without giving him an | opportunity of being heard. KINQ'S BENCH DIVISION. (Before Gibson and Kenny, JJ.) Gatissen and Venabhs and Byers v. Magherafel! District Council. \ Feb. 12, 1909.— Labourers Acts—Costs of Owners —Schemes commenced prior to \st November, igo6— Taxation. THE lands of the plaintiff (Gaussen) were acquired by the defendants under a Provisional Order dated the nth day of October, 1906, ! pursuant to the Labourers (Ireland) Acts, j 1883 to 1903. ! The Labourers (Ireland) Act, 1906, came ; into operation upon the first day of November, i 1906, and the Provisional Order did not j become absolute until i ith November, 1906; but the Acts of 1883 to 1903 were the only Acts incorporated in the Provisional order, and all proceedings as to title, etc., were carried out in the manner required by the Acts in force prior to the Act of 1906. The defendants refused to sign a requisition to tax plaintiffs' costs of proving title, claiming that they should be taxed under Rule 55 of the

Richard D. Tighe, Arklow. George C. Lepper, Belfast. John H. Peden, Belfast. M. Wylie, Belfast. Maurice Staunton, Castlerea. S. B. Edmundson, Dublin. Frank V. Gordon, Dublin. Arthur G. Joyce, Dublin. A. R. O'Conor, Dublin. J. J. O'Meara, Dublin. George H. Parkes, Dublin. John F. Young, Dungiven.