199 / 228
and authorises the holder to put in hand, without
prior sanction, the re-production of portions of
Ordnance Survey Maps and plans of all scales by
means of hand bracings prepared in his own office
required for professional purposes only, and, not
intended for re-sale. Members who wish to avail
of this scheme should make application to the Assist
ant Director, Ordnance Survey Office, Phoenix
Park, Dublin.
Workmen's Compensation
(Amendment)
Act, 1948
COPIES of this Act may be purchased from the
Government Publications Office, College Street,
Dublin. By Section 4 of the Act, a person employed
under a contract of service, other than manual
labour, is brought within the provisions of the
Act unless his yearly remuneration exceeds £500.
The Act amends the Workmen's Compensation
Act, 1934, in certain other aspects.
Determination of Tenancy at will.
IN the case of Fox v Hunter-Paterson (64. T.L.R.
451) the Defendant, who was a tenant at will to
the Plaintiff pending the drawing up of a formal lease
made delay in completing the agreement.
After
various letters had passed between the parties'
solicitors,
the plaintiff's solicitor wrote a letter
in which they said :
" Failing your client's settling
this matter satisfactorily this week we have instruc
tions to take proceedings against her for possession
and damages."
It was held by the English Kings
Bench Division that this letter was a valid determina
tion of the tenancy at will.
Circuit Court Costs (Review of Taxation)
IN the case of Pierse v O'Connor (82 I.L.T.R. 32)
which was heard by Mr. Justice Dixon on Circuit
the question arose as to the proper method of appeal
in order to have the County Registrar's taxation
of a Bill of costs reviewed by the Court in pro
ceedings in the Circuit Court in which an appeal
to the High Court on Circuit is pending.
The
original proceedings were brought by way of
equity Civil Bill in the Circuit Court and were
dismissed with costs. The plaintiff appealed to the
High Court on Circuit.
The defendant's costs
of the dismiss were lodged for taxation by the
County Registrar, but before the date of taxation
the defendant sought to withdraw the Bill and to
substitute another Bill which
included certain
witnesses' expenses which had been omitted from
the first Bill by a mistake. The County Registrar
refused to allow the second Bill to be substituted
on the ground of the decision in O'Meara v. d'Esterre
and Cox (21
L.R.Ir. 135). The Defendant appealed
to the Hig
h Court on Circuit considering that
as seisin of the case had been transferred to the
High Court when the appeal was taken that Court
was the proper Court to consider an Appeal against
the decision of the County Registrar on the taxation
of the costs. A preliminary objection was taken
by the plaintiff that the Appeal against the taxation
of Circuit Court costs by the County Registrar
should have been brought in the Circuit Court,
and not in the High Court. Mr. Justice Dixon
held that the taxation of the costs was a Circuit
Court taxation, and that any review should be
under Order 40 of the Rules of the Circuit Court,
and that the Circuit Court had not lost seisin of the
matter by the service of the Notice of Appeal
to the High Court on Circuit against the dismiss
of the proceedings by the Circuit Court Judge.
Circuit Court Appeals fees.
THE President of the High Court has made an order
with effect from ist January, 1949, directing as
follows :—
1. No notice of appeal to the High Court shall
be accepted unless
(a)
it bears a io/— judicature
stamp, impressive or adhesive or
(b)
there is
lodged with it for transmission to the High
Court a postal order for io/- payable to the
Revenue Commissioners.
2. The practice of accepting notices of appeal
without prior payment of the Court fees
shall be discontinued.
Notice to quit given to Probate Judge.
BY Section 15 of the Probate Act (Ireland) 1859, i*
is provided that after the decease of any person dying
intestate, and until Letters of Administration shall
be granted in respect of his estate and effects, the
personal estate and effects of such deceased person
shall be vested in the judge of the Court of Probate
for the time being, in the same manner and to the
same extent as theretofore vested in the ordinary.
Section 9 of the English Administration of Estates
Act, 1925 contains a provision to the same effect.
In Smith and Another v. Mather and Another
(1948 I. All E. R. 704.) a tenant of a dwelling-
house which was within the Rent Restrictions Act
died intestate, while the contractual tenancy was
subsisting. No letters of f.dministration were taken
out, and the landlord served a
i otice to quit on
the President of the Probate, Divorce and Admiralty
Division of the High Court in whom the tenant's
interest had vested under Section 9 of the Administra
tion of Estates Act 1925, and after the expiration
49