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32
The Gazette of the Incorporated Law Society of Ireland.
[JANUARY, 1926
Dublin, the property of Defendant, by his
agents
and
servants.
The Defendant
obtained an Order of 8th July, 1925, trans–
ferring the Plaintiff's action for trial to the
Circuit Court, and that the costs ol
the
motion be costs in the action. The case Was
heard by the Assistant Circuit Judge, sitting
with a common jury, when the jury found
for the Plaintiff ^120 damages, and judgment
was entered accordingly, whereupon the case
was adjourned for the consideration of the
question of costs.
The Judge, having heard Counsel for both
parties on the question of the scale under
which the Plaintiff's costs should be drawn,
dealt with the provisions of Sections 22, 48
and 51 of the Courts of Justice Act, 1924,
and stated that he could not think that it
would be a right view to take that the
Taxing Officer of the Circuit Court should
tax the costs on the same scale as costs
would be taxed in a High Court action, but
that he regarded Section 51 as giving a larger
power to the Circuit Court and to its officers
in dealing with taxation than was possessed
by the County Court and its officers, and he
directed the Clerk of the Peace to tax the
costs on a reasonable basis, having regard to
the fact that the action was remitted from
the High Court to the Circuit Court to reduce
the incidence of costs.
(Reported I.L.T.K Vol. I..IX., 169.)
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