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The Gazette of the Incorporated Law Society of Ireland.
[APRIL, 1913
of jurisdiction, inasmuch as the said Henry
Manning did not consent to nor declare to
the said Justice his consent to accept the said
sum by way of damages and costs.
Wright, J., in giving judgment, said that,
in his opinion, taking the whole of s. 96 of
the Act, 13 & 14 Vict., c. 69, it meant that
the magistrate could only make an order for
payment of compensation by a consent given
in Court. Mr. Brady had ample authority,
not only to defend the man, but also to deal
with all the consequences of the findings of the
Court. One of the consequences was the
question of awarding compensation, which
could only be awarded if there was the consent
of the client or a person who had authority
to represent him. His Lordship held that
Mr. Brady had authority to represent the man,
and that in exercise of that authority he
consented to accept the £10, and that the
order of the Court, which was sufficient in
form, was based on that consent. The con
ditional order ought,
therefore,
to
be
discharged.
Kenny, J., concurring, held that the order
was good.
The affidavits of the officials
support the view that the consent of the
applicant was given by his Solicitor, Mr.
Brady, and everything done in the case was
done in presence of the applicant.
The
consent was that the applicant accepted the
order of Mr. Swifte to take the £10, and
agreed to go no further.
Palles, L.C.B., was of opinion that there
was a consent given, but the circumstances
must be borne in mind. The incidents of
this particular proceeding must be con
sidered. Whether this consent was given
within the section of the Act was the point
upon which he differed from the majority of
the Court. Under the section there should
be first an adjudication by the magistrate,
and then there was to be the consent of the
person to whom it was awarded.
It was not
necessary that there should be two orders
made by the magistrate, both adjudications
could appear in the same document. The
applicant should have had the option given
him by the statute.
The conditional order was discharged.
The Court allowed Mr. Joyce his costs, but
refused costs to the Town Clerk.
(Reported I.L.T.R., Vol. XLVIL, 63.)
Land Judges' Rules.
FINANCE (1919-10) ACT, 1910.
RULES respecting duties under the Finance
(1909-10) Act, 1910, chargeable upon lands
the subject of proceedings for sale before
the Land Judge, or on lands over which a
Receiver has been appointed, and in respect
of which
the Receiver's Accounts are
passed before the Receiver Examiner.
1. All forms necessary to enable the Com
missioners of Inland Revenue to make valua
tions under Part I. of the Finance (1909-10)
Act, 1910, and all provisional valuations may
be sent to the Receiver Examiner ;
but each
form or provisional valuation so sent must
identify the lands to which it refers by giving
the title of the suit or matter in which pro
ceedings in relation to such lands are pending.
2. Each such form or provisional valuation
when so received shall be forwarded by the
Receiver Examiner to the Solicitor having
carriage of the proceedings in the matter to
which it relates.
All forms issued by the Commissioners of
Inland Revenue in relation to lands circum
stanced as above shall be filled in by the
Solicitors having carriage of the proceedings
in the respective suits or matters to which
they relate. And the Receivers in the said
several suits and matters respectively shall be
bound to furnish to the Solicitors having
carriage of the proceedings in said several
suits and matters all the information in their
power to enable such forms to be accurately
filled in. All such forms, when filled in, shall
be returned to the Commissioners of Inland
Revenue or to the Commissioner of Valua
tion, as the case may be, by the Solicitor who
shall have filled in such form.
When a provisional valuation is sent to the
Solicitor having carriage of the proceedings
in the matter to which it relates such Solicitor
shall consider such valuation carefully in order
to determine whether it is satisfactory or not.
If an amendment is considered necessary he
shall give notice of objection to the pro
visional valuation under Section 27 of the
Act, and shall, when required, attend before
the Commissioner of Valuation for the con
sideration of such objection.
If the Commissioner of Valuation shall
refuse to amend the provisional valuation in