The Gazette 1913-14

FEBRUARY, 1914] The Gazette of the Incorporated Law Society ol Ireland.

of Court for £610. The costs were taxed by the Registrar on the lower scale and certified as follows :—" In Tuite's case £6 8s. 7d., and in Reilly's case (the other Plaintiff) £7 7s 7d." Plaintiffs' solicitor argued that the costs should be taxed on the higher scale on the basis that the subject-matter of the suit amounted to £610, and the defendant's solicitor contended the taxation should be on the lower scale on the basis that the subject- matter of the suit was £196 18s. 4d., the total of the above sums. The Registrar decided in favour of the contention of the defendant's solicitor. On appeal the County Court Judge affirmed the decision of the Registrar allowing the costs on the lower scale. Ross, J., in delivering judgment, said the question in the case was whether the costs should be taxed on the " higher " or " lower " scale. The Registrar's decision that they should be taxed on the " lower " scale was confirmed by the County Court Judge, who had the same discretion in respect of the costs of an equity civil bill as a Judge of the Chancery Division. Had the learned Judge exercised that discretion no appeal would lie, but his note showed he decided the matter on the construction of the statute and rules, and from that decision an appeal lay. If the subject-matter of the suit was the mortgage debts the decision was right, but if it was the purchase money of the farm it was wrong. By s. 35 of the County Officers and Courts (Ireland) Act of 1877 the Civil Bill Court was empowered to exercise all the powers and authority of the High Court of Chancery in various suits, among others, all suits for enforcing any mortgage charge upon lands when the mortgage charge did not exceed in amount £500, and the annual value of the lands to which the suit relates does not exceed £30. In the order dealing with costs it is stated that : (I.) " In suits and proceedings relating to personalty, in suits and pro ceedings relating to lands, and in suits and proceeding relating partly to personalty and partly to lands, where the value of such personalty, or the value of such lands or the aggregate value of such personalty and lands shall respectively not exceed £200, there shall be paid to counsel and solicitors the fees, costs arid charges set forth in the column headed ' lower scale.'

hand that more than two coun'sel Were reason able or proper." These words are the only means which, on the face of r. 41. enable the party to get out of the disqualification which the first part of the clause imposes. When that certificate is not given I fail to see how the first part is limited to the costs up to the trial. The words are general, and apply to all proceedings in " causes or matters," and when the Judge gives his certificate he takes the case out of the operation of the general clause. I do not, however, for a second give the go-by to the very learned and weighty reasons given by the Judges in the Court below, but, giving them the utmost con sideration and effect, I cannot merely from personal inconvenience, or otherwise, give the words of the rule any other construction than what the words convey. Once the rule is settled no hardship can arise. Everyone will know where he is in the matter. If there is hardship the words can be altered. I do not say positively or definitely that there may not be, in exceptional cases, some way out of the difficulty, but I do not for a moment think that there is any half-way house. The Lords Justices concurred. (Reported Irish Law Times Reports, Vol. XLVIIL, p. 18.) CHANCERY DIVISION. COUNTY COURT EQUITY APPEAL (Before Ro'ss, J.) TUITE AND ANOTHER v. CULLEN. Nov. 13, 1913.— Costs—Equity Civil Bill- Mortgage debt—Subject-matter of suit— " Higher " or " lower " scale —40 <£ 41 Vict., c. 56. This suit was originally two separate equity civil bills brought in Cavan County Court, to raise the amount of two judgment mortgages on defendant's farm for £72 19s. debt and £5 16s. costs, and £112 "7s. 4d. debt and £5 16s. costs respectively. The Court con solidated the two suits, and both mortgages were declared well charged on the lands. The plaintiffs were declared entitled to their costs in the same priority as their respective demands, and said costs were ordered to be taxed by the Clerk of the Crown and Peace or Registrar, and the usual order for sale in default of payment was made. Before the costs were taxed defendant sold his farm out