The Gazette 1912-13

[APRIL, 1913

The Gazette of the Incorporated Law Society of Ireland.

116

Land Judges' Rules. FINANCE (1919-10) ACT, 1910.

of jurisdiction, inasmuch as the said Henry Manning did not consent to nor declare to the said Justice his consent to accept the said sum by way of damages and costs. Wright, J., in giving judgment, said that, in his opinion, taking the whole of s. 96 of the Act, 13 & 14 Vict., c. 69, it meant that the magistrate could only make an order for payment of compensation by a consent given in Court. Mr. Brady had ample authority, not only to defend the man, but also to deal with all the consequences of the findings of the Court. One of the consequences was the question of awarding compensation, which could only be awarded if there was the consent of the client or a person who had authority to represent him. His Lordship held that Mr. Brady had authority to represent the man, and that in exercise of that authority he consented to accept the £10, and that the order of the Court, which was sufficient in form, was based on that consent. The con ditional order ought, therefore, to be discharged. Kenny, J., concurring, held that the order was good. The affidavits of the officials support the view that the consent of the applicant was given by his Solicitor, Mr. Brady, and everything done in the case was done in presence of the applicant. The consent was that the applicant accepted the order of Mr. Swifte to take the £10, and agreed to go no further. Palles, L.C.B., was of opinion that there was a consent given, but the circumstances must be borne in mind. The incidents of this particular proceeding must be con sidered. Whether this consent was given within the section of the Act was the point upon which he differed from the majority of the Court. Under the section there should be first an adjudication by the magistrate, and then there was to be the consent of the person to whom it was awarded. It was not necessary that there should be two orders made by the magistrate, both adjudications could appear in the same document. The applicant should have had the option given him by the statute. The conditional order was discharged. The Court allowed Mr. Joyce his costs, but refused costs to the Town Clerk. (Reported I.L.T.R., Vol. XLVIL, 63.)

RULES respecting duties under the Finance (1909-10) Act, 1910, chargeable upon lands the subject of proceedings for sale before the Land Judge, or on lands over which a Receiver has been appointed, and in respect of which the Receiver's Accounts are passed before the Receiver Examiner. 1. All forms necessary to enable the Com missioners of Inland Revenue to make valua tions under Part I. of the Finance (1909-10) Act, 1910, and all provisional valuations may be sent to the Receiver Examiner ; but each form or provisional valuation so sent must identify the lands to which it refers by giving the title of the suit or matter in which pro ceedings in relation to such lands are pending. 2. Each such form or provisional valuation when so received shall be forwarded by the Receiver Examiner to the Solicitor having carriage of the proceedings in the matter to which it relates. All forms issued by the Commissioners of Inland Revenue in relation to lands circum stanced as above shall be filled in by the Solicitors having carriage of the proceedings in the respective suits or matters to which they relate. And the Receivers in the said several suits and matters respectively shall be bound to furnish to the Solicitors having carriage of the proceedings in said several suits and matters all the information in their power to enable such forms to be accurately filled in. All such forms, when filled in, shall be returned to the Commissioners of Inland Revenue or to the Commissioner of Valua tion, as the case may be, by the Solicitor who shall have filled in such form. When a provisional valuation is sent to the Solicitor having carriage of the proceedings in the matter to which it relates such Solicitor shall consider such valuation carefully in order to determine whether it is satisfactory or not. If an amendment is considered necessary he shall give notice of objection to the pro visional valuation under Section 27 of the Act, and shall, when required, attend before the Commissioner of Valuation for the con sideration of such objection. If the Commissioner of Valuation shall refuse to amend the provisional valuation in