The Gazette 1915-16

The Gazette of the Incorporated Law Society of Ireland.

NOVEMBER, 1915]

43

The Irish Land Commission. THE following Sittings of the Court of the Land Commission for hearing Appeals have been provisionally arranged :—

interestTon the costs thereby awarded, as from the date of such order. Taylor v. Roe (1894), 1 Ch. 413, followed and applied. Summons by the plaintiff for payment out of the funds in Court of the amount' found due to him and costs. The funds in Court represented the proceeds of the sale of the property of the defendants which had been^old in the action, which was brought to enforce payment of the defen dants' contribution to renewal fines paid by the plaintiff for the benefit of the common property of the plaintiff and the defendants. By an attachment order dated the 28th February, 1911, the defendant, William J. Curragh, was directed to pay to the plaintiff his costs of the motion and order. The costs amounted to £11 13s. lid., and the plaintiff now claimed interest on the said amount from the date of the order. By a further attachment order dated the 5th February, 1912, the defendant, William J. Curragh, was directed to pay to the plaintiff his costs of the motion and order. These costs amounted to £17 3s. 7d., and the plaintiff now claimed interest on the said amount from the date of the order. The payment schedule comprised interest computed on the above two sums as from the dates of the orders, to be paid by the defendant, William J. Curragh, out of his share of the residue of the funds. To this the defendant objected, upon the ground that interest was only chargeable from the date of the certificate of taxation of the costs. Barton, J.— Lidwell v. Lidwell no longer regulates the practice in Ireland, which now depends upon Order XLIL, Rules 13 and 15. The corresponding English Order XLIL, Rules 14 and 16, was considered in Taylor v. Roe, where it was held by Stirling, J., that an interlocutory order directing the payment of costs by one person to another carries interest from the date of the order. There is no distinction between that case and the present one, and there is no reason why the practice should not be the same in the two countries, nor why the decision of Stirling, J., should not be followed and applied here. In my opinion the plaintiff is entitled to interest upon these two sums of costs from the dates of the two orders respectively. Reported (1915) 1 I.R., 273.

Districts Listed

Date of Sitting

Place of Sitting

19I5-

Co. Mayo Co. Roscommon Co. Tipperary (part of) and Co. Waterford (part of) Co. Waterford (part of) and Co. Kilkenny (part of) Co. Wexford

gth nth i6th

Nov.

Castlebar . .. Roscommon Clonmel

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1 7th

Waterford ...

iqth

,,

...

Wexford

Results of Examinations. AT the Preliminary Examination held upon 7th and 8th October, the following passed the examination, and their names are arranged in order of merit:— 1. Cecil P. Moore. 2. Vincent P. McMullin. 3. Eric C. Doogan. The remaining candidates are postponed. Five candidates attended : three passed ; two were postponed. At the Intermediate Examination held upon October llth, the following passed the examination, and their names are arranged in order of merit:—CLASS I. 1. Patrick J. Ruttledge. 2. John M. Cronin. 3. James J. Matthews. CLASS II. Albert Woodcock. The remaining candidates are postponed. Six candidates attended : four passed ; two were postponed. Dates of Examinations. THE following are the dates of the January, 1916, Examinations :— January 3rd, 4th and 5th.—Final Examina tion (notice to be lodged in Secretary's Office before 17th December). January 6th and 7th.—Preliminary Ex amination (notice to be lodged in Secretary's Office before 17th December). ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin.