The Gazette 1911-12

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68 The Gazette of the Incorporated Law Society of Ireland. [DECEMBER, 1911
Donaldson, deceased, for the recovery of
premises in the town of Newtownhamilton,
County Armagh, portion of the estate of said
deceased, from John Hawthorn.
An action of ejectment was accordingly
brought, but on the day of the trial, namely,
13th January, 1909, a consent was entered
into subject to the approval of the Master of
the Rolls, by which it was agreed that said
John Hawthorn should purchase the
premises at a price to be fixed by arbitration.
Said consent provided that any question that
should arise as between vendor and purchaser
in the carrying out to completion of the
agreement for said sale should be decided by
the Master of the Rolls on a summons
entitled in said administration suit. No
reference was made in said consent as to the
documents of title to be handed over on
completion of said purchase to the vendor.
By order dated 22nd February, 1909, the
Master of the Rolls sanctioned the above
sale.
It was arranged between the parties that
the name of Susan Hawthorn should be
substituted as purchaser for that of John
Hawthorn.
The purchase money, as fixed by arbitrator,
was paid on 28th April, 1911, and the
assignment to purchaser executed on 7th
July, 1911.
After completion the purchaser required
Court copies of the order for administration
of the estate of David Donaldson, deceased,
and said orders of 19th November, 1906, and
22nd February, 1909. The vendors refused
to supply Court copies, but offered plain
copies of said orders.
A summons was issued by the purchaser
for the determination by the Master of the
Rolls of the question whether she was
entitled to such Court copies. The vendor
alleged by affidavit that she had only one set
of Court copies of said orders, and that same
were required for the completion of said
administration proceedings.
Held, that the purchaser was entitled to
Court copies of said orders at the expense of
the plaintiff, and that the plaintiff would be
entitled to the costs of same as part of her
costs in the suit.
COURT OF APPEAL.
(Before Barry, C., Holmes and Cherry, .)
Estate of Anthony MacDermott and .
Dec. 1, 1911.—Costs—Interest on costs under
a Judgment—Charging oj lands therewith
—Interest not mentioned in Judgment.
APPEAL from an order of the Land Judge,
refusing an application by the plaintiffs in
the action of Kenney v. Band for interest on
costs from date of judgment under the
following circumstances :—
The plaintiffs in the action Kenney v. Band,
heard by the Master of the Rolls in 1905,
established the validity of a charge of £8,000
secured by a term of 500 years, and were
declared by the judgment of the Master of
the Rolls to be " entitled to their costs in the
" said action, said costs, when taxed and
" ascertained, to be charged upon and pay-
" able out of the lands and premises com-
" prised in the term of 500 years created by
" the Indenture of Settlement of 14th
" October, 1845, in the schedule hereto
" mentioned, and to be raised by the Trustees
" of the said term." Proceedings for the
purpose of sale of the said lands having been
instituted in the Land Judge's Court, and the
matter coming on for allocation, an applica
tion was made to the Land Judge for an
order that out of the proceeds of the sale the
Plaintiffs in the Chancery action might be
declared entitled to be paid interest at 4 per
cent, from date of judgment on the amount
of their costs, which had been taxed and
certified upon 27th May, 1909. The Land
Judge refused the application.
Held by the Court of Appeal, that the
Plaintiffs were entitled, under the judgment
of the Master of the Rolls, to be paid interest
at 4 per cent, upon their costs of the Chancery
action from the date of the certificate of
taxation, being the date from which, under
said judgment, the costs were ordered to be
charged upon the lands.
COURT OF APPEAL.
(Before Barry, C., Holmes and Cherry, )
Estate of R. A. Macnamara.
Nov., 1911.—Land Purchase—Irish Land
Act, 1909, s. 12 (1)—Substituted agree
ment—Direction to lodge—Old agreement