133 / 324
Per Kingsmill Moore, J. :—" When the inquiry is
concluded the Minister is in a position to decide
how far such representation was necessary, justified,
helpful or successful and to measure his award
accordingly. But very different considerations arise
where, from the nature of the inquiry, it is desirable
that a Manager should appear and be represented
separately from the local authority. To meet the
necessities of such cases section 90 was enacted in
terms which, whatever is their true interpretation,
are completely different in form from those of section
9 1 '
Leaving aside the bracketed parenthesis, section
90 (2)
(b)
provides that the reasonable costs of the
Manager's appearance shall be paid by the local
authority.
The costs are to be reasonable—pre
sumably the taxing authority can see to this—but
the right to recover costs is given by law and is
not an ex gratk concession by the Minister.
I find
it impossible to suppose that it was intended, by
a mere parenthesis, to allow the Minister not only
to reduce a prima facie legal right to a nullity but
also to do so ex post facto when all the reasonable
costs have been incurred.
Such a power would
surely have called for a separate and carefully
drafted sub-section ;
and such a sub-section would
surely give the Minister express power to fix the
amount of costs to be paid. The use of the word
" limit " conveys not a reduction of a sum already
ascertained, but
the
imposition of a boundary
which the liability for costs,
not jet incurred,
shall
not exceed. To limit is to impose bounds outside
which a man cannot go. You cannot impose bounds
after he has gone."
(McCarthy
v.
Cavan County Council and Minister
for Local Government, 90 I.L.T.R., 77.)
In
'Libel Action, Jury entitled to return verdict after
close of plaintiff's case although no direction given by
Judge.
AT the trial of a libel action which had lasted eight
days in which the defendants pleaded justification
the plaintiff called his evidence but did not himself
give evidence; before the defence had been con
cluded the jury asked to retire and were permitted
by the court to do so. On their return they brought
in a verdict in favour of the plaintiff and awarded
him a farthing damages.
It was contended by the
plaintiff that his case was not closed since he was
entitled to withhold his own evidence and to give
it in rebuttal of the evidence to be given by the
defendants in support of their plea of justification,
and that therefore the verdict ought not to be
accepted, and that the jury ought to be discharged
and a new trial ordered.
Held by Finnemore J., that the verdict, which,
on the facts, was not unreasonable, must be accepted
because :—
(1) as a matter of law the plaintiff's case had
been closed and the jury were entitled to return
their verdict notwithstanding the fact that it was
or might be open to the plaintiff to give his own
evidence in rebuttal of the plea of justification,
particularly as no direction had been asked by the
defendant.
(2) there was no necessity for the judge to give a
direction to the jury on their retirement where,-
as in the present case, the jury had heard the plaintiff's
case and had intervened only after his case had
been concluded, for the right of a jury to stop a
case at the end of the plaintiff's, or of the defendant's
case has always been recognised.
(Beevis
v.
Dawson, 1956, 2. All E.R. 371).
LIBRARY VACATION
ARRANGEMENTS.
THE Library will be closed from Thursday, i6th
August, to Sunday, i6th September inclusive and
will reopen on Monday, i7th September.
It is
regretted that, as arrangements have been made to
redecorate the Library, it will not be possible for
members
to borrow books until Thursday 6th
September.
•
Registration of Title
Acts, 1891
and 1942.
NOTICE.
Folio 1885
Registered Owner :
Co. Kildare
OWEN BROOKS
The Registered Owner has applied for a Duplicate
of the Certificate of Title specified in the Schedule
hereto which is stated to have been lost or in
advertently destroyed.
The Duplicate will be issued unless notification
is received in this Registry within 28 days from
the date of this Notice that the said Certificate of
Title is in the custody of a person not the Registered
Owner. Such notification should state the grounds
on which the Certificate is retained.
Dated this 28th day of July, 1956.
JOSEPH O'BYRNE,
Registrar of Titles.
SCHEDULE.
•
Land Certificate of Owen Brooks to la. or. 2op.
of the lands of Leixlip situate in the Barony of Salt
North and County of Kildare being
the lands
comprised in said Folio.