The Gazette 1911-12

[DECEMBER, 1911

The Gazette of the Incorporated Law Society of Ireland.

68

COURT OF APPEAL. (Before Barry, C., Holmes and Cherry, L.JJ.) Estate of Anthony MacDermott and Others. 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, L.JJ.) Estate of R. A. Macnamara. Nov., 1911.— Land Purchase—Irish Land Act, 1909, s. 12 (1)— Substituted agree ment—Direction to lodge — Old agreement

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.