107 / 122
MARCH, 1912J
The Gazette of the Incorporated Law Society of Ireland.
116
statutory receipts, the aggregate compensa
tion having exceeded £60, and the case,
therefore, was one to which Section 11 of the
Labourers (Ireland) Act, 1906, did not apply.
The Rural District Council was not repre
sented at the taxation, although special notice
was given to them thereof, and of the point
raised ; but I have considered all suggestions
which have been from time to time made
at taxations of costs here in support of the
contrary view, namely, the view that no
costs should be allowed under any circum
stances in connection with a statutory receipt
the duty to give which was created by
Section 17 of the Railways Act (Ireland),
1851, and Article 19 of the Second Schedule
of the Housing of the Working Classes Act,
both which sections
together with Sec
tion 82 of the Land Clauses Act,
1845,
form part of the Labourers' Code.
I have
arrived at the conclusion that the owner
is entitled
to his
costs necessarily and
properly incurred in connection with the
thirty receipts which he was required to
execute. The statutory indemnity against
costs of conveyances and assurances granted
by Section 82 of the Land Clauses Act, 1845,
extends to costs of all instruments required by
the Rural District Council
to effect
the
transfer to them of the whole fee-simple in the
land taken, and I do not think it matters
whether these instruments are technically
speaking,'deeds of conveyance.
I do not see
any adequate ground for thinking that the
statutory indemnity does not extend to costs
(if any)
incurred in connection with the
special mode of assurance instituted by the
incorporated statutes, namely, the mode of
assurance by statutory receipt, .except, of
course, in the case of a receipt under Section
11 of the Act of 1906, where there is an
express limitation of this indemnity.
It may
be possible to argue other views as to the
construction of the code, but the one I have
adopted is the one which appears to me to
be the most eligible, and it has the merit of
being consistent with what is manifestly
intended by the code, namely, indemnity
against necessary and proper costs.
In the
majority of cases, of course, the costs which
a Vendor would properly incur in connection
with a statutory receipt would be trifling,
but in some exceptional cases, such as the
present, where there is a large number of
!
receipts, embellished with maps and so forth,
the duty which the Solicitor for the Vendor
j
has
to discharge
involves a considerable
amount of diligence and skill and entails a
considerable loss of time. The taxation will
be completed
in
accordance with
the
I
principles above expressed.
Yours faithfully,
(Signed),
EDWARD McHuan.
Messrs. O'Keeffe & Lynch, Solicitors,
30 Molesworth Street,
Dublin.
Irish Land Acts, 1903 and 1909.
SALE OF IMMATURE STOCK.
THE Treasury have sent the following letter
to the President of the Society :—
Treasury Chambers,
13th February,
1912.
SIR,
I am directed by the Lords Commissioners
of His Majesty's Treasury to acquaint you
that My Lords have now made Rules and
Regulations under Section 41
and other
Sections of the Irish Land Act, 1903, and
Section 14 and other Sections of the Irish
Land Act, 1909, under date of 24th January,
1912.
In enclosing copies herewith, I am to draw
the attention of the Council of the Incor
porated Law Society of Ireland to Rule 9 (9)
relating
to
Stock
bearing
a
fractional
dividend' (Immature Stock), which formed
the subject of a memorandum by the Council
in May last.
I am, Sir,
Your obedient Servant,
(Signed),
ROBERT CHALMERS.
The President,
Incorporated Law Society of Ireland,
Four Courts, Dublin.
Rule 9 (9), referred to in this letter, provides :
" Where
stock
bearing
a
fractional
" dividend is to be sold by Order of the
'-' Land Commission,
the stock may be
" forthwith consolidated with the similar
" stock in existence on payment to the
" Irish Land Purchase fund, through the
'' medium of the Land Commission, of a
" full half-year's dividend on such stock."