The Gazette 1913-14

the Gazette of the Incorporated Law Society of Ireland.

JUNE, 1913]

be the same for two and three-quarters per cent, stock as for three per cent, stock, and the proviso to that paragraph shall accord– ingly be amended so as to read as follows : Provided that no issue of stock shall be made within fifteen days of the next succeed– ing dividend day. (Signed), Recent Decisions affecting Solicitors. (Noles of decisions, whether in reported or unreported cases, of -interest to Solicitors, are invited from Members.) COUNTY COURT. (Before His Honor Judge Orr, K.C.) MlTCHELL AND TAGGART V. BALLYMONEY RURAL DISTRICT COUNCIL. April 18, 1913. Labourers (Ireland) Acts and Orders—Costs of furnishing title. THIS was a Civil Bill proceeding to recover two guineas costs for furnishing title to land taken for the purposes of the Labourers Acts. Mr. Thomas Taggart, Solicitor, appeared for the Plaintiffs ; Mr. J. B. Hamilton, Solicitor (of Messrs. Greer and Hamilton), appeared for defendants ; and Mr. W. E. Wiley (instructed by Messrs. T. T. Mecredy and Son), appeared for the Local Government Board. In delivering judgment His Honor said : This is an action brought to recover the sum of two guineas for the cost of making title to a plot of ground, part of the plaintiff, Mitchell's, farm, taken by the defendants for the purpose of erecting thereon a labourer's cottage, under the Labourers (Ireland) Acts, 1883-1906. The case was heard at the last Ballymoney Hilary Sessions, when Mr. Wiley appeared and, by leave of the Court and with the consent of the parties to the suit, argued the case on behalf of the Local Government Board, and as the point in dispute is of frequent occurrence, and some important principles of law are involved, I adjourned the case to these present Sessions for judg– ment, in order that I might carefully examine and consider the various sections, orders and authorities which were cited. JOHN W. GULLAND. WEDGWOOD BENN.

As to the facts of the case, there is no dispute. It appears that the Council, requiring the plot in question for the purposes of the " Ballymoney Labourers Scheme H," served the necessary notices upon the plaintiff Mitchell, and the price was fixed, I presume by arbitration, at £56 10s. Od. for the value of Mr. Mitchell's interest in the land, and £3 10s. Od. for consequential damage; and then Messrs. Greer and Hamilton, Solicitors for the Council, applied to Dr. Taggart, Solicitor, for Mr. Mitchell for a statement of his title by a letter dated 1st March, 1911, to which I shall hereafter more particularly refer. An abstract of title was duly furnished, by which it appeared that John Mitchell, father of Edmund Mitchell, the plaintiff and now tenant in occupation, was absolutely entitled to the farm in 1870 ; that by deed dated 3rd October, 1898, John Mitchell assigned his farm to his son, Edmund Mitchell, the plaintiff, and his daughter, Elizabeth Mitchell, as tenants in common; that Elizabeth Mitchell was dead, having pre– viously made her Will, which had not been proved, whereby she bequeathed her un– divided share to her brother, the plaintiff, for his life, and after his death to her nephew, Edward Mitchell, absolutely. Edmund Mitchell, the plaintiff and vendor, was there– fore absolutely entitled to one undivided moiety only, the other undivided moiety being in settlement. Certain requisitions on title were furnished and were complied with, and then a receipt for the purchase money and interest was signed by Edmund Mitchell and Edward Mitchell, which had the effect, under the provisions of the Labourers Acts, of vesting the land in the Council for all the estate and interest of Edmund Mitchell and Edward Mitchell. Dr. Taggart then sent in his Bill of Costs of making out title, amounting to two guineas in my opinion a most moderate one which the Council declined to pay, on the ground that, by .the Rules of the Local Government Board, the sum of 10/6 only was payable for deducing title in a case like the present, where the vendor, being a tenant from year to year in occupation, had had a fair rent fixed ; and accordingly this action was brought. By Sec. 31 of the Labourers (Ireland) Act, 1906, the Local Government Board are empowered to make