The Gazette 1955-58

Per Kingsmill Moore, J. :—" When the inquiry is concluded the Minister is in a position to decide how far such representation was necessary, justified, helpful or successful and to measure his award accordingly. But very different considerations arise where, from the nature of the inquiry, it is desirable that a Manager should appear and be represented separately from the local authority. To meet the necessities of such cases section 90 was enacted in terms which, whatever is their true interpretation, are completely different in form from those of section 9 1 ' Leaving aside the bracketed parenthesis, section 90 (2) (b) provides that the reasonable costs of the Manager's appearance shall be paid by the local authority. The costs are to be reasonable—pre sumably the taxing authority can see to this—but the right to recover costs is given by law and is not an ex gratk concession by the Minister. I find it impossible to suppose that it was intended, by a mere parenthesis, to allow the Minister not only to reduce a prima facie legal right to a nullity but also to do so ex post facto when all the reasonable costs have been incurred. Such a power would surely have called for a separate and carefully drafted sub-section ; and such a sub-section would surely give the Minister express power to fix the amount of costs to be paid. The use of the word " limit " conveys not a reduction of a sum already ascertained, but the imposition of a boundary which the liability for costs, not jet incurred, shall not exceed. To limit is to impose bounds outside which a man cannot go. You cannot impose bounds after he has gone." (McCarthy v. Cavan County Council and Minister for Local Government, 90 I.L.T.R., 77.) In 'Libel Action, Jury entitled to return verdict after close of plaintiff's case although no direction given by Judge. AT the trial of a libel action which had lasted eight days in which the defendants pleaded justification the plaintiff called his evidence but did not himself give evidence; before the defence had been con cluded the jury asked to retire and were permitted by the court to do so. On their return they brought in a verdict in favour of the plaintiff and awarded him a farthing damages. It was contended by the plaintiff that his case was not closed since he was entitled to withhold his own evidence and to give it in rebuttal of the evidence to be given by the defendants in support of their plea of justification, and that therefore the verdict ought not to be accepted, and that the jury ought to be discharged and a new trial ordered.

Held by Finnemore J., that the verdict, which, on the facts, was not unreasonable, must be accepted because :— (1) as a matter of law the plaintiff's case had been closed and the jury were entitled to return their verdict notwithstanding the fact that it was or might be open to the plaintiff to give his own evidence in rebuttal of the plea of justification, particularly as no direction had been asked by the defendant. (2) there was no necessity for the judge to give a direction to the jury on their retirement where,- as in the present case, the jury had heard the plaintiff's case and had intervened only after his case had been concluded, for the right of a jury to stop a case at the end of the plaintiff's, or of the defendant's case has always been recognised. (Beevis v. Dawson, 1956, 2. All E.R. 371). LIBRARY VACATION ARRANGEMENTS. THE Library will be closed from Thursday, i6th August, to Sunday, i6th September inclusive and will reopen on Monday, i7th September. It is regretted that, as arrangements have been made to redecorate the Library, it will not be possible for members to borrow books until Thursday 6th September. • Registration of Title Acts, 1891 and 1942. NOTICE. Folio 1885 Registered Owner : Co. Kildare OWEN BROOKS The Registered Owner has applied for a Duplicate of the Certificate of Title specified in the Schedule hereto which is stated to have been lost or in advertently destroyed. The Duplicate will be issued unless notification is received in this Registry within 28 days from the date of this Notice that the said Certificate of Title is in the custody of a person not the Registered Owner. Such notification should state the grounds

on which the Certificate is retained. Dated this 28th day of July, 1956.

JOSEPH O'BYRNE, Registrar of Titles.

SCHEDULE. • Land Certificate of Owen Brooks to la. or. 2op. of the lands of Leixlip situate in the Barony of Salt North and County of Kildare being the lands comprised in said Folio.