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NOVEMBER, 1914]
The Gazette of the Incorporated Law Society of Ireland.
51
Recent Decisions affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors, are
invited from Members.}
SUPREME COURT OF JUDICATURE (ENGLAND).
COURT OF APPEAL.
In re
GRIGGS ;
Exparte
SCHOOL BOARD FOR
LONDON.
July 28, 31, 1914.—
Costs—Compulsory taking
of land
—
Payment of purchase money into
Court—Application for payment out—
Administration—Land Clauses Consoli
dation Act,
1845 (8
&
9
Vict., c.
18),
s.
80.
The facts and the judgment in the above
case (reported 1914, Weekly Notes, 221) were
given in the June, 1914, number of the
GAZETTE, Vol. viii., p. 25.
The London
County Council appealed.
Freehold property was purchased by the
predecessors of the London County Council
under their compulsory powers, and
the
purchase money was paid into Court. On
the death of the tenant for life it became
necessary to procure administration to two
of her sons, and, in the case of one of them
who disappeared in 1883, an order was made
dividing up the fund, and one-sixth was made
payable to each of
these administrators.
Astbury, J., held that the London County
Council must pay the costs of obtaining the
letters of administration in both cases and of
the order giving leave to presume the death.
The Court (Lord Cozens-Hardy, M.R.,
Swinfen-Eady, L.J., and Pickford, L.J.)
dismissed
the appeal, and affirmed
the
decision of Astbury, J.
(Reported 2 Ch. [1914] 547.)
COURT OF APPEAL (ENGLAND).
THE EFFECT OF THE MORATORIUM.
(Before Lord Justice Buckley, Lord Justice
Phillimore, and Lord Justice Pickford.)
AUSTER
(LIMITED)
v.
LONDON MOTOR
COACH WORKS (LIMITED).
The plaintiffs here appealed from an order
made by Mr.
Justice Sankey under the
Proclamation of August 6, 1914, for extending
the postponement of payments allowed to be
made by the Proclamation of August 2, 1914,
to certain other payments. The writ in the
action was issued on September 5, and was
specially indorsed with a statement of claim
which was as follows :—
" The plaintiffs'
claim
is against
the
defendants for the sum of £61 9s. 8d., the
price of goods sold and delivered.
Parti
culars :—1914, January 22 to July 28. To
goods sold and delivered full particulars
whereof have been rendered."
The writ was served on the defendants on
September 10.
The defendants put in an
appearance on September 18, and on the
same day, purporting to be acting under
Order 25, rule 4, of the Rules of the Supreme
Court, they took out a summons asking
" that the writ in this action may be set aside
and that all further proceedings may be
stayed on the ground that the plaintiffs'
claim is not due until the expiration of the
moratorium." An order was made by the
Master in the terms of the summons, and that
order was affirmed by the learned Judge.
The plaintiffs appealed.
The Proclamation of August 6, the second
Moratorium Proclamation, made under'the
Postponement of Payments Act, 1914, pro
vided as follows :—
" All payments which have become due and
payable before the date of this Proclamation,
or which will become due and payable on any
day before the beginning of September 4,
1914, in respect of ... any contract made
before that time, shall be deemed to be due
and payable on a day one calendar month
after the day on which the payment originally
became due and payable, or on September 4,
1914, whichever is the later date, instead of
on the day on which the payment originally
became due.
.
.
. This Proclamation shall
not apply to :—(2) any payment in respect of
a
liability which when incurred did not
exceed
£5
in amount."
A further Proclamation, of September 3,
provided that the Proclamation of August 6
should have effect as if October 4 were
substituted therein for September 4, and as if
two calendar months were substituted therein
for one calendar month.
By directions issued by the Lord Chief
Justice on August 12 with respect to practice
in relation to the Moratorium Proclamations