23 / 114
JUNE, 1913]
the Gazette of the Incorporated Law Society of Ireland.
be the same for two and three-quarters per
cent, stock as for three per cent, stock, and
the proviso to that paragraph shall accord–
ingly be amended so as to read as follows :
Provided that no issue of stock shall be
made within fifteen days of the next succeed–
ing dividend day.
(Signed),
JOHN W. GULLAND.
WEDGWOOD BENN.
Recent Decisions affecting Solicitors.
(Noles of decisions, whether in reported or
unreported cases, of -interest to Solicitors, are
invited from Members.)
COUNTY COURT.
(Before His Honor Judge Orr, K.C.)
MlTCHELL AND TAGGART
V.
BALLYMONEY
RURAL DISTRICT COUNCIL.
April 18, 1913.
Labourers (Ireland) Acts and
Orders—Costs of furnishing title.
THIS was a Civil Bill proceeding to recover
two guineas costs for furnishing title to land
taken for the purposes of the Labourers Acts.
Mr. Thomas Taggart, Solicitor, appeared
for the Plaintiffs ;
Mr. J. B. Hamilton,
Solicitor (of Messrs. Greer and Hamilton),
appeared for defendants ;
and Mr. W. E.
Wiley (instructed by Messrs. T. T. Mecredy
and Son), appeared for the Local Government
Board.
In delivering judgment His Honor said :
This is an action brought to recover the sum
of two guineas for the cost of making title to
a plot of ground, part of
the plaintiff,
Mitchell's, farm, taken by the defendants for
the purpose of erecting thereon a labourer's
cottage, under the Labourers (Ireland) Acts,
1883-1906.
The case was heard at the last Ballymoney
Hilary Sessions, when Mr. Wiley appeared
and, by leave of the Court and with the
consent of the parties to the suit, argued the
case on behalf of the Local Government
Board, and as the point in dispute is of
frequent occurrence, and some important
principles of law are involved, I adjourned
the case to these present Sessions for judg–
ment, in order that I might carefully examine
and consider the various sections, orders and
authorities which were cited.
As to the facts of the case, there is no
dispute.
It appears
that
the Council,
requiring the plot in question for the purposes
of the " Ballymoney Labourers Scheme H,"
served
the necessary notices upon
the
plaintiff Mitchell, and the price was fixed,
I presume by arbitration, at £56 10s. Od. for
the value of Mr. Mitchell's interest in the
land, and £3 10s. Od.
for consequential
damage;
and
then Messrs. Greer
and
Hamilton, Solicitors for the Council, applied
to Dr. Taggart, Solicitor, for Mr. Mitchell
for a statement of his title by a letter dated
1st March, 1911, to which I shall hereafter
more particularly refer. An abstract of title
was duly furnished, by which it appeared
that John Mitchell,
father of Edmund
Mitchell, the plaintiff and now tenant in
occupation, was absolutely entitled to the
farm in 1870 ;
that by deed dated 3rd
October, 1898, John Mitchell assigned his
farm
to his son, Edmund Mitchell,
the
plaintiff,
and
his
daughter,
Elizabeth
Mitchell,
as
tenants
in
common;
that
Elizabeth Mitchell was dead, having pre–
viously made her Will, which had not been
proved, whereby she bequeathed her un–
divided share to her brother, the plaintiff,
for his life, and after his death to her nephew,
Edward Mitchell,
absolutely.
Edmund
Mitchell, the plaintiff and vendor, was there–
fore absolutely entitled to one undivided
moiety only, the other undivided moiety
being in settlement. Certain requisitions on
title were furnished and were complied with,
and then a receipt for the purchase money
and interest was signed by Edmund Mitchell
and Edward Mitchell, which had the effect,
under the provisions of the Labourers Acts,
of vesting the land in the Council for all the
estate and interest of Edmund Mitchell and
Edward Mitchell. Dr. Taggart then sent in
his Bill of Costs of making out title, amounting
to
two guineas in my opinion a most
moderate one which the Council declined to
pay, on the ground that, by .the Rules of the
Local Government Board, the sum of 10/6
only was payable for deducing title in a case
like the present, where the vendor, being a
tenant from year to year in occupation, had
had a fair rent fixed ;
and accordingly this
action was brought.
By Sec. 31 of the
Labourers (Ireland) Act, 1906, the Local
Government Board are empowered to make