The Gazette 1914-15

The Gazette of the Incorporated Law Society of Ireland.

[NOVEMBER, 1914

52

it was provided as follows :—(1) " Writs of summons are to be issued as heretofore." The Court allowed the appeal. Lord Justice Buckley, after referring to the Postponement of Payments Act and the Pro clamations, and stating the facts, and pointing out that in any case the application to set aside the writ was wrong in form, said that the question was not whether the action could he maintained in its entirety, but whether the statement of claim indorsed on the writ disclosed a cause of action. An order striking out the statement of claim could only be supported if it disclosed no cause of action. The first item in the particulars was—Goods, £1 2s. 7d. No doubt an order was given and goods were delivered, and on delivery a liability arose in contract to pay £1 2s. 7d. That was " a-liability which when incurred did not exceed £5 in amount." There followed a succession of orders and deliveries and contractual liabilities, all resulting in a money liability which did exceed £5. It was argued for the defendants that these small liabilities were not excepted from the moratorium. The argument really added to clause (2) of the exceptions these words— " but shall apply to a liability exceeding £5 being an aggregate of a number of liabilities each of which when incurred was less than £5." The Proclamation, however, did not so provide, and in his opinion the words " a liability which when incurred did not exceed £5 in amount " must be read according to their natural meaning. The action therefore ought to be allowed to proceed. Six of the items were over £5. As to them the defen dants might have something to say, but that would be matter of defence. There was no ground for striking out the statement of claim or staying the action. The appeal must be allowed. Lord Justice Phillimore and Lord Justice Pickford delivered judgments to the same effect. (Reported The Times, 20th October, 1914.)

Land Commission for hearing Appeals have been provisionally arranged :—

Districts Listed

Place of Sitting

Date of Sitting

1914.

Cloumel Walerford ... Wexford ... Dublin Monajfhan .. Euniskillen...

Co. Tippcrarv ("part of) Co. Waterford Co. Wexford Leinsler (part of)

Nov.

i.otli nth i2th 20th 24th 26th 3rd loth

Co. Monasjhan Co. Fermanagh Leinsler (part of) Leinster (part of)

Dublin Dublin

Dec.

,,

Results of Examinations. INTERMEDIATE EXAMINATION.

AT the Intermediate Examination held upon the 12th October, the following passed the Examination :— CLASS I. • Timothy O'Shea. CLASS II. Henry A. Maginess. Thomas C. Davis. Maurice W. Gilhooly. Charles Magwood. Eight candidates attended : five passed ; three were postponed. AN EXPLANATION. IN the King's Bench Division, Mr. Justice Dodd, addressing Mr. John Bartley, who was engaged in making an exparte application, said he should be sorry to have been taken as casting any reflection upon the Solicitors of the country in any observations he had made in the moratorium cases. His observations had been directed to the unpatriotic action of people who had been trying, at the outbreak of the war, to recover their money. Mr. Justice Gibson and himself never supposed that the Solicitors of the country, who yielded to the solicitations of their clients, Bench and Solicitors.

Irish Land Commission. THE following Sittings of the Court of the