The Gazette 1908-9

The Gazette of the Incorporated Law Society of Ireland.

[MAR., 1909

accompanying memorandum,

containing

statement of the matters which your Council

desire to discuss with him. The Chief Secre

tary directs me to say, in reply, that he will

give full consideration to the subject of the

memorandum, and will then cause a further

communication to be addressed to you with

reference to the proposed deputation.

" I am, Sir,

" Your obedient servant,

" C. T. BEARD.

" The Secretary,

" Incorporated Law Society of Ireland."

Recent Decisions affecting Solicitors.

i^Nofes ofdecisions, ivhetherin reported or unreported

cases, of interest to Solicitors are

invited from

Members.}

COURT OF APPEAL.

(Before Sir Samuel Walker, Bart.,

C. ; P

alles,

C.B.; FitzGibbon and Holmes, L.JJ.)

The King (Moivbray and Stourlon)

The Local

Government Boardfor Ireland.

January

20, 21, 27, 1909—

Local Government—

Labourers Acts—Costs—Taxation of-—Fixing

of Fees.

APPEAL by the Local Government Board against

Order of King's Bench Division, dated i6th

November, 1908, making absolute a conditional

order for a writ of

certiorari

quashing a certi

ficate given by the Local Government Board

under Rule 55

of tne Labourers (Ireland)

Order, 1906, made under section 31 of the

Labourers (Ireland) Act, 1906.

Order appealed against confirmed.

The facts are fully stated in report of pro

ceedings before the King's Bench Division,

contained

in December,

1908, number of

GAZETTE.

THE LORD CHANCELLOR :—

There were three questions argued in this

case,

(i) Whether

certiorari

lay to bring up

and quash the order of the Local Government

Board, which certified an amount of ^4 11

s. ^d.

as the sum payable for the costs of the owner,

but this question really comes in more appro

priately last in order.

The great question is the true construction

of the 3ist sect, of the Labourers Act, and

what might be done under it. The question

whether the section has been carried out law

fully in this case hardly requires discussion,

because the Solicitor-General admitted that if

certiorari

lay he could not support the order im

peached ; but he said that on account of the

reasons given by the Judges ofthe King's Bench

Division, and the

dicta

and doubts appearing

in the judgments, the Local Government Board

was forced to obtain the opinion of this Court

on the construction of the section, and ask for

its guidance in acting under the section.

think he is entitled to obtain our opinion for

the guidance of this great public body, and he

contended, and I think rightly, that if

the

reasons for the judgments below remained un

challenged, the 3ist sect, would be rendered

wholly inoperative. The important question is

that which the Local Government Board has

brought this appeal for the purpose of having

decided—the true construction of sect. 31 of

the Labourers Act, 1906. Does it apply to the

costs of owners of land whose lands are being

compulsorily taken ? Does it enable the Local

Government Board to frame a scale of costs

applicable to owners' costs ?

And does

enable the Local Government Board to appoint

an independent authority to tax those costs,

having regard to the scale which they may

frame, the amount of which, when measured,

the Board will certify for the payment of by the

local authority ?

The erection of labourers' cottages and

acquisition of sites for them has, since 188 3, been

the object and subject of numerous legislative

provisions ending with the Labourers Act of

1906.

There are two stages quite distinct dealt with

by the code—one the obtaining of the power to

acquire the sites, and the other the acquisition

of sites from the owners when the power had

been obtained. The first of these processes

underwent many changes

in the course of

simplification

and

struggle

for

economy.

Beginning with what was equivalent to an Act

of Parliament, it finally, by the provisions of

sect. 6 of the Act of 1906, only needs now an

order of confirmation by the Local Government

Board after inquiry had, in order to obtain the

effect of an Act of Parliament.

The costs incident to this first stage were

considered burdensome, and the lessening of

them was provided for by sect. 12 of the Act of

1885, which enacts :

[His Lordship read sub-

sects. 6 and 7.]

„.

Sub-s. 7 is carried out by an Order in Council

of 29th January, 1897, which provides:—"If

the Lord Lieutenant in Council order costs to

be paid by any party, a sum may be fixed by

such order as and for the said costs, or such