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52
The Gazette of the Incorporated Law Society of Ireland.
[NOVEMBER, 1914
it was provided as follows :—(1) " Writs of
summons are to be issued as heretofore."
The Court allowed the appeal.
Lord Justice Buckley, after referring to the
Postponement of Payments Act and the Pro
clamations, and stating the facts, and pointing
out that in any case the application to set
aside the writ was wrong in form, said that
the question was not whether the action
could he maintained in its entirety, but
whether the statement of claim indorsed on
the writ disclosed a cause of action. An order
striking out the statement of claim could only
be supported if it disclosed no cause of action.
The first item in the particulars was—Goods,
£1
2s. 7d. No doubt an order was given and
goods were delivered, and on delivery a
liability arose in contract to pay
£1
2s. 7d.
That was " a-liability which when incurred
did not exceed £5
in amount."
There
followed a succession of orders and deliveries
and contractual liabilities, all resulting in a
money liability which did exceed
£5.
It was
argued for the defendants that these small
liabilities were not
excepted
from
the
moratorium. The argument really added to
clause (2) of the exceptions these words—
" but shall apply to a liability exceeding £5
being an aggregate of a number of liabilities
each of which when incurred was less than
£5." The Proclamation, however, did not so
provide, and in his opinion the words " a
liability which when incurred did not exceed
£5
in amount " must be read according to
their natural meaning. The action therefore
ought to be allowed to proceed. Six of the
items were over
£5.
As to them the defen
dants might have something to say, but that
would be matter of defence. There was no
ground for striking out the statement of
claim or staying the action. The appeal must
be allowed.
Lord Justice Phillimore and Lord Justice
Pickford delivered judgments to the same
effect.
(Reported
The Times,
20th October, 1914.)
Land Commission for hearing Appeals have
been provisionally arranged :—
Irish Land Commission.
THE following Sittings of the Court of the
Place of Sitting
Cloumel
Walerford ...
Wexford
...
Dublin
Monajfhan ..
Euniskillen...
Dublin
Dublin
Date of Sitting
1914.
Nov.
i.otli
nth
i2th
20th
24th
26th
Dec.
3rd
,,
loth
Districts Listed
Co. Tippcrarv ("part of)
Co. Waterford
Co. Wexford
Leinsler (part of)
Co. Monasjhan
Co. Fermanagh
Leinsler (part of)
Leinster (part of)
Results of Examinations.
INTERMEDIATE EXAMINATION.
AT the Intermediate Examination held upon
the 12th October, the following passed the
Examination :—
CLASS I.
•
Timothy O'Shea.
CLASS II.
Henry A. Maginess.
Thomas C. Davis.
Maurice W. Gilhooly.
Charles Magwood.
Eight candidates attended :
five passed ;
three were postponed.
Bench and Solicitors.
AN EXPLANATION.
IN the King's Bench Division, Mr. Justice
Dodd, addressing Mr. John Bartley, who was
engaged in making an
exparte
application,
said he should be sorry to have been taken as
casting any reflection upon the Solicitors of
the country in any observations he had made
in the
moratorium
cases. His observations
had been directed to the unpatriotic action of
people who had been trying, at the outbreak
of the war, to recover their money. Mr.
Justice Gibson and himself never supposed
that the Solicitors of
the country, who
yielded to the solicitations of their clients,