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not pay if they lose ? The justices need not have
appeared. At one time this court very seldom
ordered costs, and I think that the reason was that
the Act of 1872 got overlooked. For at least three
years now I have been trying to remind justices of
the presence of this Act on the Statute Book.
I
have said over and over again that, if justices are
not content with exercising
the power which
Parliament has given them but will insist on appear-
and arguing the case, they will make themselves
parties to a lis and will have to pay costs if they lose,
and if they win they will receive them.
Note:—
Although
the
Review
of
Justices
Decisions Act, 1872, does not appear to have been
formally repealed in Ireland, it would appear to have
been impliedly repealed by the Courts of Justice Acts,
because it is understood that if a decision of a District
Justice is impugned the Attorney-General instructs
the Chief State Solicitor and nominates Counsel to
appear on the Justice's behalf. The question of the
District Justice having to pay costs personally would
not thus normally arise.
(R. v. Llanidloes Licensing Justices—Ex parte
Davies—(1957) 2 All E.R. 6iol))
Solicitor, practising on his own tinder the name of a firm\
can deliver a bill of costs signed in the name of the firm.
The Case of Carroll v. Ryan heard by Judge Deale
at Trim Circuit Court in June, 1937, gave rise to
an interesting legal point. Judge Deale declined
to follow the English decision of Goodman v. Eban
(1954, I.Q.B. 550), as the wording of the English
Solicitors Act was different, and held that in a claim
by a solicitor against a client for non-payment of
his bill of costs amounting to £131, that, owing
wording of Section 2 of the Solicitor's (Ireland) Act,
1849, t^6 solicitor should have signed the bill of
costs in his own name, and not in the firm name
where he was the sole owner of the firm. Section 2
of the Act provides inter alia " that the bill shall
be subscribed with the proper hand of .
.
. such
solicitor." As Judge Deale was of opinion that the
bill had not been subscribed in accordance with the
Act, he dismissed the action.
An appeal was taken to the High Court on circuit.
Haugh, J., in allowing the appeal held that, while
he was not bound to follow the reasoning in
Goodman v. Eban, he thought nevertheless it would
be preferable to do so in this case and held that the
bill which had been signed by the solicitor with the
firm name had been properly subscribed. By way
of
obiter dictum,
Haugh, J., stated that it would be
preferable as far as possible for the solicitor con
cerned to sign the bill of costs in his own name,
instead of in the name of the firm.
SMALL DWELLINGS ACQUISITION
ACT, 1957
THIS Act amends the definition of market value of
a house for the purpose of the Small Dwellings
Acquisition Act 1899, previously set out in Section
32 of the Housing (Amendment) Act 1950. This
market value is now to include the cost of building
the house (including all reasonable incidental ex
penses), and the value of the interest of the person
to whom the advance is made in respect of the site.
Where the ownership of the house is occupied by
the person to whom the advance is made, he shall be
entitled to all reasonable expenses incidental to such
acquisition. This provision is retrospective to the
24th December, 1956.
If an applicant is dissatisfied with the amount
awarded by the local authority under this Act, such
applicant may, upon payment of the prescribed fee
laid down by regulations, submit his contention
that he is entitled to a greater amount. The Com
missioner, after having made the necessary inquiries,
shall state whether or not he considers the conten
tion well founded, and, if applicable,will state the
amended amount which should be awarded. A
statement from the Commissioner of Valuation
shall not, however, affect the discretion of the local
authority in the matter.
MARRIED WOMENS STATUS ACT, 1957
The Married Womens' Status Act 1957 came into
force on ist June, 1957, and briefly places a married
woman, in respect of owning property, or making
contracts, or committing torts, on the same footing
as if she were unmarried ; for most of these purposes
she is henceforth to be treated as a separate person
from her husband. The doctrine of restraint upon
anticipation is abolished.
It is understood that copies of the Act which
contains 21 sections, will be shortly on sale in the
Government Publications
Sale Office, G.P.O.
Arcade, Henry Street, Dublin.
INDUSTRIAL AND COMMERCIAL
PROPERTY (AMENDMENT) ACT, 1957
THIS Act
implements
the
Industrial Property
Convention of London of 1934, and the Copyright
Conventions of Brussels in 1948, and of Geneva in
1952. Amendments are made to the 1927 Act in
respect of the following matters :—
(a) Granting and sealing of patents.
(b)
Prevention of abuse of monopoly rights.
(i)
Patents of vessels, aircraft, and land vehicles
accidentally landing in the State.
(*/) Cancellation of registration of designs.
40