The Gazette 1914-15

The Gazette of the Incorporated Law Society of Ireland.

[AUGUST, 1914

40

Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.)

Dates of October Examinations. THE following are the dates upon which the October Examinations will be held :— Octobc r 8th and 9th.—Preliminary. (Notices of intending candidates to be lodged in Secretary's Office on or before 22nd September.) (Notices of intending* candidates to be lodged in Secretary's Office on or before 28th September.) October 13th, 14th and 15th.—Final Exami nation, also Special Examination for Findlater Scholarship. (Notices of in tending candidates to be lodged in Secretary's Office on or before 28th Sep tember.) Michaelmas Sittings Lectures, PROFESSOR MAYNE will deliver lectures to the Senior Class upon the subjects of Real Property, Equity, and Conveyancing on the following dates in Michaelmas Sittings, 1914:— October 27. 30. November 3, 6, 10, 13, 17, 20, 24, 27. December 1, 4. Books.— Strahan's Law of Property; Snail's Principles of Equity; Davidson's Concise Precedents in Conveyancing. PROFESSOR WHITE will deliver lectures to the Junior Class upon Common Law upon the following dates in Michaelmas Sittings :— October 26, 29. November 2, 5, 9, 12, 16, 19, 23, 26, 30. December 3. Books.— Anson on Contracts ; Ringwood on Torts. The lectures to both classes will be delivered at 4 o'clock p.m.,.in the Lecture Theatre of the Society, Solicitors' Buildings, Four Courts. Apprentices desirous of attending either lecture class should give notice to the Secretary before the 19th October. October 12th.—Intermediate.

COURT OF APPEAL.

(Before O'Brien, L.C. ;

Palles, C.B., and

Holmes, L.J.) In the Matter of the Estate of Lord Inchiquin. April 20, 21, 23.— Land Purchase Acts- Compulsory purchase—Costs of Sale— Jurisdiction of Judicial Commissioner to award costs—Land Law (Ireland) Act, 1881, s. 50— Irish Land Act, 1909, Part IV.—Land Commission Rules of l&lh March, 1897, Order XLVI., Rule 1. THIS was an appeal by the owner, Lord Inchiquin, from the order of Mr. Justice Wylie, made on the ruling of the final schedule, of incumbrances on 9th March, 1914, refusing the application of the owner that the costs of sale properly and necessarily incurred by him in the proceedings herein, when taxed and ascertained, up to and including all costs of and incidental to the distribution of the purchase money, be ordered to be paid by the Land Commission. Lord Inchiquin was entitled, as tenant for life in possession, to certain estates situate in Co. Clare. On the 17th April, 1911, the Estates Commissioners wrote to him making a proposal for the purchase, under Sec. 6 of the Act of 1903, as amended by the Act of 1909, of portions thereof, consisting of certain tenanted and untenanted lands, at the sum of £6,658. The owner objected to this proposal on several grounds. On the 14th June, 1911, the Estates Commissioners sent two final offers under Sec. 43 of the Act of 1909 at the same price. These offers were not accepted, and were duly published in the Dublin Gazette. The owner served notice of objection to the offers. Before the applica tions came on for hearing, the Estates Com missioners withdrew their final offers, and made new proposals, foregoing their previous proposal for some of the lands mentioned therein, and proposing to take the remainder of these lands and some additional lands at the sum of £10,022. The owner objected on the ground of inadequacy of price. The