The Gazette 1930-33

[FEBRUARY, 1931

The Gazette of the Incorporated Law Society of Ireland.

36

RECENT LEGAL DECISION. HIGH COURT OF JUSTICE. (Before Meredith and Johnston, JJ.) 15th January, 1931. MCEVOY V. FlTZPATRICK. This was an appeal from the Circuit Court of County Cavan. The action had been instituted in the High Court, and Mr. Justice Hanna had trans– ferred the hearing to the Circuit Court, and directed that the defendant's costs of the proceedings in the High Court should be included in the costs of the hearing of the action, and gave n o directions about plaintiff's costs. Counsel for the appellant stated that at Bailieborough Circuit Court Judge Sheehy gave judgment in favour of the plaintiff, with costs, for £25 6s. 9d. for work done and materials supplied. The amount of the decree was paid, and the judge referred the matter to the Registrar to fix the amount of costs. The Registrar measured the costs at £17 8s. 6d., allowing High Court costs up to the date of Transfer, and Circuit Court costs from that date. The defendant submitted that the costs should not exceed £2 16s. 9d., based on the Circuit Court scale. The defendant appealed to the Circuit Court Judge, who upheld the Registrar. An appeal was then taken to the High Court. The Court held that, as there was no High Court order that the costs should be taxed on the High Court scale, they should be taxed on the Circuit Court scale. Accordingly, they

allowed the appeal, with costs, and fixed the costs of the hearing in the Circuit Court at £2 18s. 6d.

COURTS OF JUSTICE ACTS. The Report of the Joint Committee on the Courts of Justice Act, 1924, together with the proceedings of the Joint Committee, minutes of evidence and appendices, can be obtained through any bookseller, or from the Government Publications Sale Office, 5 Nassau Street, Dublin. Price five shillings. 1931. The Calendar and Law Directory of the Society for 1931 can be obtained at the Secretary's Office, 45 Kildare Street, Dublin. Price five shillings ; by post, five shillings and sixpence. APRIL EXAMINATIONS, 1931. The Final Examination will be held on the 14th and 15th days of April. Notice of intention to attend the examina– tion should be lodged in the Secretary's Office, 45 Kildare Street, Dublin, before 25th March. THE SOCIETY'S CALENDAR, The Preliminary Examination will be held on the 20th and 21st days of April. Notice of intention to attend the examina– tion should be lodged in the Secretary's Office, 45 Kildare Street, Dublin, before 30th March. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, 45 Kildare Street, Dublin, C.17.