The Gazette 1914-15

51

The Gazette of the Incorporated Law Society of Ireland.

NOVEMBER, 1914]

Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.} SUPREME COURT OF JUDICATURE (ENGLAND). COURT OF APPEAL. In re GRIGGS ; Exparte SCHOOL BOARD FOR LONDON. July 28, 31, 1914.— Costs—Compulsory taking of land — Payment of purchase money into Court—Application for payment out— Administration—Land Clauses Consoli dation Act, 1845 (8 & 9 Vict., c. 18), s. 80. The facts and the judgment in the above case (reported 1914, Weekly Notes, 221) were given in the June, 1914, number of the GAZETTE, Vol. viii., p. 25. The London County Council appealed. Freehold property was purchased by the predecessors of the London County Council under their compulsory powers, and the purchase money was paid into Court. On the death of the tenant for life it became necessary to procure administration to two of her sons, and, in the case of one of them who disappeared in 1883, an order was made dividing up the fund, and one-sixth was made payable to each of these administrators. Astbury, J., held that the London County Council must pay the costs of obtaining the letters of administration in both cases and of the order giving leave to presume the death. The Court (Lord Cozens-Hardy, M.R., Swinfen-Eady, L.J., and Pickford, L.J.) dismissed the appeal, and affirmed the decision of Astbury, J. (Reported 2 Ch. [1914] 547.) COURT OF APPEAL (ENGLAND). THE EFFECT OF THE MORATORIUM. (Before Lord Justice Buckley, Lord Justice Phillimore, and Lord Justice Pickford.) AUSTER (LIMITED) v. LONDON MOTOR COACH WORKS (LIMITED). The plaintiffs here appealed from an order made by Mr. Justice Sankey under the Proclamation of August 6, 1914, for extending the postponement of payments allowed to be

made by the Proclamation of August 2, 1914, to certain other payments. The writ in the action was issued on September 5, and was specially indorsed with a statement of claim which was as follows :— " The plaintiffs' claim is against the defendants for the sum of £61 9s. 8d., the price of goods sold and delivered. Parti culars :—1914, January 22 to July 28. To goods sold and delivered full particulars whereof have been rendered." The writ was served on the defendants on September 10. The defendants put in an appearance on September 18, and on the same day, purporting to be acting under Order 25, rule 4, of the Rules of the Supreme Court, they took out a summons asking " that the writ in this action may be set aside and that all further proceedings may be stayed on the ground that the plaintiffs' claim is not due until the expiration of the moratorium." An order was made by the Master in the terms of the summons, and that order was affirmed by the learned Judge. The plaintiffs appealed. The Proclamation of August 6, the second Moratorium Proclamation, made under'the Postponement of Payments Act, 1914, pro vided as follows :— " All payments which have become due and payable before the date of this Proclamation, or which will become due and payable on any day before the beginning of September 4, 1914, in respect of ... any contract made before that time, shall be deemed to be due and payable on a day one calendar month after the day on which the payment originally became due and payable, or on September 4, 1914, whichever is the later date, instead of on the day on which the payment originally became due. . . . This Proclamation shall not apply to :—(2) any payment in respect of a liability which when incurred did not exceed £5 in amount." A further Proclamation, of September 3, provided that the Proclamation of August 6 should have effect as if October 4 were substituted therein for September 4, and as if two calendar months were substituted therein for one calendar month. By directions issued by the Lord Chief Justice on August 12 with respect to practice in relation to the Moratorium Proclamations