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108
The Gazette of the Incorporated Law Society of Ireland.
[MAR., 1999.
v.
The County Court Judge of County Tyrone
(10 L.R.I.), and
The Secretary for War v. Go/
(z I.E..
1905), relied on by the appellants.
I asked the Solicitor-General at the end of
his argument what the remedy was, and he re
plied—" a writ of mandamus " ; but he did not
suggest the form of mandamus that would be
applicable.
I may, however, point out that if
pursuant to such a writ there was a real taxation
and another certificate, that document would
and ought to correspond with the last in even
respect except the amount; and how could the
local authority choose between them ?
There-
suit would be to introduce a new element o!
confusion. Therefore I hold that the order
appealed from is right, and that the appeal
j
must be disallowed.
I ought to add that, after j
these proceedings began, the Board made a
Rule prescribing a new scale of fees.
I say
nothing about the amounts of those fees, which
could only be properly fixed after much careful
consideration and the best expert assistance.
In some other respects, however, the order is
plainly illegal; and it would be well to have it
reviewed and corrected as soon as possible by
someone who understands that the basis of our
\
whole legal system is that no man's rights can
I
be adjudicated upon without giving him an
|
opportunity of being heard.
KINQ'S BENCH DIVISION.
(Before Gibson and Kenny, JJ.)
Gatissen and Venabhs and Byers
v.
Magherafel!
District Council.
\
Feb. 12, 1909.—
Labourers Acts—Costs of Owners
—Schemes commenced prior to \st November,
igo6—
Taxation.
THE
lands of the plaintiff (Gaussen) were
acquired by the defendants under a Provisional
Order dated the nth day of October, 1906,
!
pursuant
to
the Labourers (Ireland) Acts,
j
1883 to 1903.
!
The Labourers (Ireland) Act, 1906, came
;
into operation upon the first day of November,
i
1906, and
the Provisional Order did not j
become absolute until i ith November, 1906;
but the Acts of 1883 to 1903 were the only
Acts incorporated in the Provisional order,
and all proceedings as to
title, etc., were
carried out in the manner required by the Acts
in force prior to the Act of 1906.
The defendants refused to sign a requisition
to tax plaintiffs' costs of proving title, claiming
that they should be taxed under Rule 55 of the
Labourers (Ireland) Order, 1906, and Plaintiffs
obtained a Civil Bill Decree for the amount of
ihese costs, subject to taxation by the Registrar
of the County Court Judge of Londonderry.
Defendants appealed. Madden, J., reversed
decree, and at the request of plaintiffs, stated
a case.
The question put in the case stated for the
decision of the Court was, whether the de
fendants have the right to demand that the
costs shall be taxed under the provisions of
the Act of 1906, and the rules thereunder.
To which the Court answered—
"The Court doth answer the said question
as follows:—"That the Labourers Act, 1906,
does apply, and the plaintiffs not producing a
Certificate of the Local Government Board for
Ireland of the sum payable, are not entitled to
recover."
Solicitors' Benevolent Association,
A MEETING of the Directors was held on
of February, 1909, Mr. Wm. Fry, J.P., in the
chair, and eleven other members present.
The Secretary reported having received
,£113
Ss.
in annual subscriptions, donations
of .£5
$s.
each from Sir Augustine F. Baker
and Mr. Joseph H. Bennett, and a life sub
scription of
£10
ioj. from Mr. E. M. F. G.
Boyle.
Grants amounting to ^£47
ios.
were made
to five applicants for relief.
Mr. Fry was re-elected Chairman, Sir George
Roche, Vice-Chairman, and Mr. M. Barrington
Jellett, Hon. Secretary for the current year.
The report of the scrutineers as to the result
of the voting for the election of a candidate
to an annuity of,£15 was submitted, and Mrs.
Anne J. Johnson, having received the highest
number of votes, was accordingly elected.
The following new members were enrolled
since previous meeting :—
Richard D. Tighe, Arklow.
George C. Lepper, Belfast.
John H. Peden, Belfast.
M. Wylie, Belfast.
Maurice Staunton, Castlerea.
S. B. Edmundson, Dublin.
Frank V. Gordon, Dublin.
Arthur G. Joyce, Dublin.
A. R. O'Conor, Dublin.
J. J. O'Meara, Dublin.
George H. Parkes, Dublin.
John F. Young, Dungiven.