The Gazette 1961 - 64

Order n, rule n, of the County Court Rules, 1936, provides : " If a plaintiff fails to give notice of acceptance within the time limited by Rule 7 or Rule 9 of this Order, he may give notice of acceptance subsequently, but the money in court shall not be paid out without an order of the court and the court may order the plaintiff to pay any costs reasonably incurred by the defendant since the date of payment into court, including the costs of attending court to obtain the order." The Master of the Rolls said that on August 7, 1962, Mr. Gold brought an action in the County Court against the defendant company claiming commission of £307 is. 3d. based on commission of £8 for each pig sold by him to customers in Kenya and the Rhodesias. The defendants, within eight days, on August 15, paid into court a sum of £59 is. 3d. together with £5 scale costs, and put in a defence that the commission of £8 a pig was payable only when the pigs were paid for, so that the amount claimed by the plaintiff was not due. The plaintiff did not take that sum out of court. The action went on; there were applications for particulars by each side; and as time went on the defendants paid more money into court, until they had paid £83 altogether, admitting liability. The plaintiff did not take it out within the four days' limit provided under Order n, rule 9, of the County Court Rules; and the action continued, particulars being delivered by each side. Then, on November 29, the plaintiff gave notice that he accepted the sum of £83 in satisfaction of his claim. The whole question was, that having been done, to what costs was the plaintiff entitled ? It was plain that under Order n, rule 11, the court could order— as it had ordered—that the plaintiff should pay the defendants' costs from the date of the payment in to the date when the money was taken out. But it was said that the plaintiff could not recover any costs—not even his scale costs of £5—and the Judge had so held, deciding that the effect of rule 11 was to enable the court to award costs to the defendant but not award costs to the plaintiff where notice of acceptance had not been given within four days. If that was right, it would be a surprising result, for it would mean that a plaintiff who had brought his action quite properly and carried it on for a long time with a payment eventually being made into court, could not get the costs up to the date of the payment in. But looking at the rules in Order n, his Lordship thought that that was not the result. In his view rules 7 and 9 should be imported into rule 11, so that if a plaintiff gave notice of acceptance after the four days everything had to happen as it would have done under rule 9 ; and under that rule the plaintiff might lodge for taxation a bill of the

MAYO SOLICITORS' BAR ASSOCIATION At the annual general meeting of the association held in Castlebar on April 3rd, the following officers were elected :—President: J. MacHale ; Vice President: P. J. Durcan; Hon. Secretary : D. Lambe ; Hon. Treasurer : B. Hynes. Committee : Messrs. E. A. Corr, J. King, P. Brennan, W. Dillon-Leetch and T. V. O'Connor. THE CIRCUIT COURT. DUBLIN CIRCUIT. SERVICE OF DOCUMENTS. An order has been made by Judge Conroy pursuant to order 10, rule 3 of the Circuit Court Rules, 1950, as amended, directing service of Circuit Court civil bills and other originating documents in the Swords area by registered post for a period of three months from the date of the order (i9th April 1963) or until appointment of a summons server whichever event shall first happen. THE DISTRICT COURT, DISTRICT NO. 10. SERVICE OF SUMMONSES An order has been made by District Justice O'Donoghue under rule 46(2) of the District Court Rules 1948 as substituted by rule 5 of the District Court Rules (No. i) 1962 providing for service of summonses in the Balbriggan area by registered post. The order remains in force until a summons server is appointed. The order is dated for 23rd April 1963. BOOK-KEEPING EXAMINATION The book-keeping examination will be held on Monday, June 24th. The last day for giving notice of intention to enter for the examination is Monday, May 27th. DECISIONS OF PROFESSIONAL INTEREST County Court costs—money paid into court The Court of appeal allowed an appeal by a plaintiff, Mr. Sol Gold, salesman, of Willesden Lane, N.W., from the decision of the County Court, which had held that it had no power under the County Court Rules, 1936, to award the plaintiff any costs where a payment was made into Court by the defendants, Introductions Ltd., of Shaftesbury Avenue,W.,in respect of the plaintiff's claim and the plaintiff did not serve a notice of acceptance until more than four days after receiving notice of the' payment in.