The Gazette 1946-49

and authorises the holder to put in hand, without prior sanction, the re-production of portions of Ordnance Survey Maps and plans of all scales by means of hand bracings prepared in his own office required for professional purposes only, and, not intended for re-sale. Members who wish to avail of this scheme should make application to the Assist ant Director, Ordnance Survey Office, Phoenix Park, Dublin. Workmen's Compensation (Amendment) Act, 1948 COPIES of this Act may be purchased from the Government Publications Office, College Street, Dublin. By Section 4 of the Act, a person employed under a contract of service, other than manual labour, is brought within the provisions of the Act unless his yearly remuneration exceeds £500. The Act amends the Workmen's Compensation IN the case of Fox v Hunter-Paterson (64. T.L.R. 451) the Defendant, who was a tenant at will to the Plaintiff pending the drawing up of a formal lease made delay in completing the agreement. After various letters had passed between the parties' solicitors, the plaintiff's solicitor wrote a letter in which they said : " Failing your client's settling this matter satisfactorily this week we have instruc tions to take proceedings against her for possession and damages." It was held by the English Kings Bench Division that this letter was a valid determina tion of the tenancy at will. Circuit Court Costs (Review of Taxation) IN the case of Pierse v O'Connor (82 I.L.T.R. 32) which was heard by Mr. Justice Dixon on Circuit the question arose as to the proper method of appeal in order to have the County Registrar's taxation of a Bill of costs reviewed by the Court in pro ceedings in the Circuit Court in which an appeal to the High Court on Circuit is pending. The original proceedings were brought by way of equity Civil Bill in the Circuit Court and were dismissed with costs. The plaintiff appealed to the High Court on Circuit. The defendant's costs of the dismiss were lodged for taxation by the County Registrar, but before the date of taxation the defendant sought to withdraw the Bill and to substitute another Bill which included certain witnesses' expenses which had been omitted from the first Bill by a mistake. The County Registrar refused to allow the second Bill to be substituted on the ground of the decision in O'Meara v. d'Esterre Act, 1934, in certain other aspects. Determination of Tenancy at will.

and Cox (21 L.R.Ir. 135). The Defendant appealed to the High Court on Circuit considering that as seisin of the case had been transferred to the High Court when the appeal was taken that Court was the proper Court to consider an Appeal against the decision of the County Registrar on the taxation of the costs. A preliminary objection was taken by the plaintiff that the Appeal against the taxation of Circuit Court costs by the County Registrar should have been brought in the Circuit Court, and not in the High Court. Mr. Justice Dixon held that the taxation of the costs was a Circuit Court taxation, and that any review should be under Order 40 of the Rules of the Circuit Court, and that the Circuit Court had not lost seisin of the matter by the service of the Notice of Appeal to the High Court on Circuit against the dismiss of the proceedings by the Circuit Court Judge. Circuit Court Appeals fees. THE President of the High Court has made an order with effect from ist January, 1949, directing as follows :— 1. No notice of appeal to the High Court shall be accepted unless (a) it bears a io/— judicature stamp, impressive or adhesive or (b) there is lodged with it for transmission to the High Court a postal order for io/- payable to the Revenue Commissioners. 2. The practice of accepting notices of appeal without prior payment of the Court fees shall be discontinued. Notice to quit given to Probate Judge. BY Section 15 of the Probate Act (Ireland) 1859, i* is provided that after the decease of any person dying intestate, and until Letters of Administration shall be granted in respect of his estate and effects, the personal estate and effects of such deceased person shall be vested in the judge of the Court of Probate for the time being, in the same manner and to the same extent as theretofore vested in the ordinary. Section 9 of the English Administration of Estates Act, 1925 contains a provision to the same effect. In Smith and Another v. Mather and Another (1948 I. All E. R. 704.) a tenant of a dwelling- house which was within the Rent Restrictions Act died intestate, while the contractual tenancy was subsisting. No letters of f.dministration were taken out, and the landlord served a i otice to quit on the President of the Probate, Divorce and Admiralty Division of the High Court in whom the tenant's interest had vested under Section 9 of the Administra tion of Estates Act 1925, and after the expiration 49