The Gazette 1940-44

The Gazette of the Incorporated Law Society ol Ireland

April, 1943]

51

•overruled by the English Court of Appeal, Greene, M. R. protesting against the idea that Judges are liable to have their minds prejudiced by considerations, of the kind described. It was, he stated, the duty of the- Judge, which would be fulfilled, not to allow the result of one issue to affect his mind in considering the result of another. In an earlier case of Carpenter v. Ebbelwhite (1939 I.K.B. 347 ), one of the Judges, Greer, L. J., expressed the view that the reason for the Rule no longer exists in the case of trial of motor accident cases before Juries having regard to the fact that every Juror must be known to be aware of the Statutory provis ions concerning compulsory insurance by motorists against third party liability. On the question of judicial practice it is worth noting that the two Circuit Judges in Dublin several years ago made a rule that in cases being tried before either of them without a Juty in which money has been paid into Court with the defence, the amount paid into Court is to be left blank by the Court Officials in the copy of the defence attached to the file of pleadings in Court, so that the amount paid into Court is not brought to the attention of the Judge before judgment has been delivered. Statutory Notice to Creditors. We have received a letter from Mr. James R. Ryan of 9 Harcourt Street, Dublin, stating that the prevalent practice of pub lishing the Statutory Notice to Creditors in the Iris OifigiuiHs based on a misapprehen sion of the law and is, in fact, an unauthorised expenditure of funds by an Executor or Administrator. He points out that the method of publication is laid down in 22 and 23 Vie. cap. 35, Section 29. By this Section it is provided that where an Executor or Administrator shall have given such or the like notice as in the opinion of the Court would have been given by the Court of Chancery in an Administration suit for creditors and others to send in their claims against the estate, such Executor or Adminis trator shall at the expiration of the time named in the said Notice be at liberty to distribute the assets having regard only to the claims of which he shall have received notice. The present practice of the High Court in Administration Suits, is to direct publication twice each at intervals of one week in one Dublin and one local news­

paper. Publication is not directed in Iris Oifigiuil. Mr. Ryan further states that in a . Bill of Costs in which his firm was concerned some years ago the expenses of publication in Iris Oifigiuil were opposed on taxation and disallowed by the Taxing Master. The legal position as to the proper method of publication appears to be as stated by our member, but those interested in the matter will, no doubt, take an opportunity of verify ing it for themselves. Whether publication in Iris Oifigiuil is, as he states, an unauthor ised expenditure of funds by a personal representative is a point which seems to be The District Court Rules Committee, with the concurrence of the Minister for Justice, has made new Rules entitled District Court Rules, 1942 (S. R. & O., 1942, No. 299) regulating the procedure under the Enforce ment of Court Orders Act, 1926 and 1940. The District Court Rules, 1941 (No. 2) (S. R. & 0., No. 337 of 1941) are revoked. The Committee has also made new Rules entitled District Court Rules, 1942 (No. 2) (S. R. & O., 1942, No. 144) prescribing forms to be used in proceedings under Children Acts, 1908-1941, in lieu of the forms contained in the Schedules to the Rules made on 31st July, 1909, under the Children's Act,' 1908. Decision on Costs—Workmens' Compensation Rules, 1942. In the recent case of Behan v. Grand Canal Company (77.I.L.T.R.36) Judge Davitt had to decide on an application under Rule 51(7) of the Workmen's Compensation Rules, 1942, for additional remuneration over and above the applicant's scale costs, in view of additional work entailed in the preparation and institution of the proceedings due to the fact that the workman was a person of unsound mind. The Respondents at first denied liability, but after service of the originating summons had filed a defence admitting liability to make the maximum weekly payment and had paid into Court the full amount of the arrears with the applicant's appropriate scale costs. Judge Davitt held that Rule 51(7) contemplates an award of costs to a party as a condition precedent to the allowance of additional remuneration and that as the applicant was open to argument. District Court Rules.