BOOKS RECEIVED. Oaths and Affirmations in Great Britain and Ireland; being a collection of Statutes, Cases,,and Forms, with Notes and Practical Directions, for the use of Commissioners for Oaths, and of all Courts of Civil Procedure, and Offices attached thereto. [In succession to Braithwaite's Oaths.] By FRANCIS A. STRINGER, of the Central Office, Supreme Court of Judicature, one of the Editors of the "Annual Practice." London: Stevens and Sons, Limited, 119 & 120 Chancery-lane, Law Publishers and Booksellers. ADJUDICATIONS IN BANKRUPTCY. [The dates of Adjudications are first given, the Sillings follow in italics.] DUBLIN. Boyd, William H., of Carlow, in the county of Carlow, boot and shoe dealer, trading as "W. H. Boyd and Son." January 24; Tuesday, February 11, and Friday, February 28. Samuel Hughes, solr. Wright, James, of Clonrolla, in the county of Armagh, farmer. January 16; Friday, February 7, and Tuesday, February 25. E. D. Atkinson & Son and H. F. Leachman, solrs. ↑ 100 Dublin, W'klow, & W'ford 100 Great Northern(Ireland). too Gt.Southernand Western 100 Midland Gt. Western So Waterford and Limerick Railway Preference 100 Belfast & Nth'n Cos, 4 pe 100 Cork, Bandon & S. C., 4 p c 100 D., W., & W., 6 per cent 100 Gt. N'th'n (Irind) gtd 4 p < 100 Mid. Great Western, 4 pe 10 Wat. Dun. & Lis. Pref. 5 p c 100 Watfd. & Limerick, 4 p c 100 Do., new red, 1878, 5pc.. Do. do. 4 pc. 1873 Rys. Guaranteed City of Dublin Jun., 4 p c C. Musk. Lt. Ry., perp. 5 pc Leased at Fixed Rentals 100 Dublin and Kingstown Debenture Stocks. Belfast & Co. Down, 4 p c Belfast & Nth'n Cos, 4 pe 100 1081 1 | | | | a||g | GILMORE and CHERRY-January 29, at St. Stephen's Church, Dublin, by the Rev. Thomas R. Greene, brother-in-law of the bride, assisted by the Rev. Sterling Tomlinson, John Ed. Gilmore, Esq, Barrister-at-Law, to Maud Louisa, second daughter of the late R. W. Cherry, Esq., Solicitor, of Waterford. WRAY and REILLY-January 15, 1890, in the Catholic Church, Newtownbutler, by the Very Rev. Hugh Canon Ward, P P., John Francis Wray, Esq, LL.B., Solicitor, Enniskillen, to Kate Reilly, only daughter of the late Philip Reilly, Esq., Newtownbutler. 10 10 xd 120 108 108 108 HORTHAND WRITER SHO character would be glad to hear of situation at about £120 a year. Address" Shorthand." Office of the IRISH LAW TIMES, 53 Upper Sackville-street, Dublin. 326 less the amount of the guarantee deposits, be paid into the Bank of Ireland to the account of the Irish Land Commission and credit of this Matter, and that the claims of all persons (except the tenants or persons claiming under them) who are interested in the lands sold, whether as incumbrancers or otherwise, shall attach to the purchasemoney of such lands in like manner as immediately before the sales they attached to the lands, and shall cease to be of any validity against the lands. And whereas the said owner claims to be seized of said lands in Feesimple, subject only as is mentioned in the Originating Statement, filed in this Matter on the 3rd day of December, 1889. Let all parties Take Notice that the said application will come before me to report upon, at my Chamber, 24 Upper Merrion-street, Dublin, on Tuesday, the 11th day of February, 1890, at 11 o'clock, and will come on for hearing before Mr. Commissioner MACCARTHY, at his Court, No. 24 Upper Merrion-street, in the City of Dublin, on Tuesday, the 18th day of February, 1890, at 11 o'clock in the forenoon, when a Final Order will be made, and all persons are at liberty to inspect the said Originating Statement at my Office, and any person for any valid reason objecting to such Order being made, may enter an appearance in the Matter, and file an Affidavit of Cause against the said Order being made, and appear upon the hearing of such application. And Further Take Notice, that immediately on the making of such Order the Court will proceed to vest the said holdings in the purchasing tenants thereof, and to charge the said holdings with the annuities in respect of the said advances. Dated this 23rd day of January, 1890. HENRY C. LYNCH, Chief Clerk. N.B.- No application made to the Court by letter or memorial can be entertained. less the amount of the guarantee deposits be paid into the Bank of Ireland to the Account of the Irish Land Commission and the credit of this Matter, and that the claims of all persons (except the tenants or persons claiming under them) who are interested in the lands sold, whether as incumbrancers or otherwise, shall attach to the purchasemoney of such lands in like manner as immediately before the sales they attached to the lands, and shall cease to be of any validity against the lands. And whereas the said Owner claims to be seized of the said lands in Fee-simple, subject only as is mentioned in the Originating Statement filed in this Matter, on the 3rd day of December, 1889. Let all parties Take Notice, that the said Application will come before me to report upon at my Chamber, 24 Upper Merrion-street, Dublin, on Tuesday, the 11th day of February, 1890, at 11 o'clock, and will come on for hearing before Mr. Commissioner MACCARTHY, at his Court, No. 24 Upper Merrion-street, in the City of Dublin, on Tuesday, the 18th day of February, 1890, at 11 o'clock in the forenoon, when a Final Order will be made, and all persons are at liberty to inspect the said Originating Statements at my Office, and any person, for any valid reason, objecting to such Order being made, may enter an appearance in the Matter, and file an Affidavit of Cause against the said Order being made, and appear on the hearing of such Application. And Further Take Notice, that immediately upon the making of such Order the Court will proceed to vest the said holdings in the purchasing tenants thereof, and to charge the said holdings with the annuities in respect of the said advances. Dated this 23rd day of January, 1890. HENRY C. LYNCH, Chief Clerk. N.B.-No application made to the Court by letter or memorial can be entertained. WHEREAS Application has been made to the Court by the said Owner for an Order, pursuant to the 14th Section of the Land Law (Ireland) Act, 1887, that the amount of the advances sanctioned in this Matter in respect of Sales to the Tenants of the Lands of Tonreagh Lower, situate in the Barony of Trughenackmy and County of Kerry, less the amount of the guarantee deposits, be paid into the Bank of Ireland to the account of the Irish Land Commission, and credit of this Ma:ter, and that the claims of all persons (except the tenants or persons claiming under them) who are interested in the said lands sold, whether as incumbrancers or otherwise, shall attach to the purchase-money of such lands in like manner as immediately before the sales they attached to the lands, and shall cease to be of any validity against the lands. And whereas the said Owner claims to be seized of the said land in fee-farm, subject only as is mentioned in the Originating Statement in this Matter, filed the 29th day of October, 1889. Let all parties Take Notice that the said Application will come on for hearing before Mr. Commissioner LYNCH, at his Court, No. 24 Upper Merrion-street, in the City of Dublin, on Monday, the 10th day of February, 1890, at Eleven o'clock in the forenoon, when a Final Order will be made, and any person, for any valid reason, objecting to such Order being made may enter an appearance in the Matter, and file an Affidavit of Cause against the said Order being made, and appear on the hearing of such Application. And Further Take Notice, that immediately upon the making of such Order the Court will proceed to vest the several holdings in the purchasing tenants thereof, and to charge the said holdings with the annuities in respect of the said advances. Dated this 17th day of January, 1890. EDWARD O'FARRELL, Assistant Chief Clerk. N.B.-No application made to the Court by letter or memorial can be entertained. R. & T. HUGGARD, Solicitors for the said Owner, 24 15 It is this day ordered that the following Rules shall take effect as regards appeals to the Land Commission from and after the 1st day of FEBRUARY, 1890. The term " Appeal" includes a rehearing: I. Every Notice of Appeal lodged in the Office of the Irish Land Commission, in cases where the annual rent issuing out of the holding, prior to the date of the order appealed from, exceeds the sum of £10, shall bear a Land Commission stamp or stamps of the value of ten shillings. II. In cases where the annual rent issuing out of the holding, prior to the date of the order appealed from, is £10 o. less than £10, the notice of appeal lodged in the Office of the Irish Land Commission shall bear a Land Commission stamp or stamps vi one shilling, as heretofore. 13 The Irish Land Commissioners hereby give notice that on the 16th January, 1890, they made rules to take effect with regard to Appeals to the Land Commission served after the 1st February, 1890. The principal changes in procedure are as follows: Every Notice of Appeal shall specify definitely the ground upon which the Appeal is intended to be prosecuted, as indicated in the forms of notice annexed to the Rules, which are substituted for the forms in the schedule to the Rules of 12th December, 1883. A Notice of Appeal from an order of one Commissioner or a SubCommission may be served on the opposite party within two months from the date of the Order appealed from, and within ten days FROM THE DATE OF SUCH SERVICE of the original Notice of Appeal, duly stamped and endorsed with the time and mode of service on the opposite party, shall be transmitted to the Land Commission. A Notice of Appeal to the Land Commission from a decision of a Civil Bill Court may be served on the opposite party within two months from the last day of the Land Sessions at which the decision shall have been made, and the original notice, duly stamped, and a copy thereof, both endorsed with the time and mode of service on the opposite party, shall within ten days FROM THE DATE OF SUCH SERVICE be lodged with the Clerk of the Peace. The Original Notice of Appeal, when lodged with the Land Commission or the Clerk of the Peace, must be accompanied by an extract from the Revised Valuation Books, showing the valuation of all the premises comprised in the holding certified by the proper officer of the Valuation Office, Dublin. And in appeals from a Civil Bill Court, in cases where a map of the holding has not been made by a Court Valuer, the Notice of Appeal lodged with the Clerk of the Peace shall also be accompanied with the proper sheet of the Ordnance Survey Map, showing the boundary of the holding marked by a coloured line. Copies of the Rules can be purchased from Messrs. Hodges, Figgis, and Co., Grafton-street, Dublin. By Order, 24 Upper Merrion-street, Dublin, 21st January, 1890. FURNITURE, J. H. FRANKS. BEDDING, 14 rs. CARPETS. Clarendon Press Standard Law Books. By PROFESSOR POLLOCK and Mr. R. S. WRIGHT. 8vo, cloth, 8s. 6d. ELEMENTS of LAW considered with reference to Principles of General Jurisprudence. By WM. MARKBY, D.C.L., late a Judge of the High Court of Judicature, Calcutta. "One of the best works that have appeared on the subject of General Jurisprudence since the publication of Mr. Austin's Lectures."- Westminster Review. Fifth Edition, Revised, 8vo, cloth, 10s. 6d. PRINCIPLES of the ENGLISH LAW of CONTRACT, and of AGENCY in its RELATION to CONTRACT. By Sir W. R. ANSON, Bart., D.C.L,, Warden of All Souls College, Oxford. "An admirable combination of theory with the facts of English law."-Times. Second Edition, demy 8vo, cloth, 21s. INTERNATIONAL LAW. M.A., Barrister-at-Law. NEW EDITION OF HOLLAND'S JURISPRUDENCE. THE ELEMENTS OF JURISPRUDENCE. By Has, in fact, superseded Austin's treatise."-Law Magazine and Review. "A book which may fairly be regarded as one of the few triumphs of legal literature "-Albany Law Journal. 8vo, half-bound. Vol. I., 30s. Vol. 11., 358. THE ANGLO-INDIAN CODES. Edited by WHITLEY STOKES, D.C.L., late Law-Member of the Council of the Vol. I-SUBSTANTIVE LAW. Vol. II.-ADJECTIVE SUPPLEMENT TO THE ABOVE, 1887, 1889, 2s. 6d. By W. E. Hall, Part "On the whole the best treatise on the law of nations which has as yet been produced by an English writer."-Pall Mall Gazette. 8vo, cloth, 10s. 6d. LEX AQUILIA. The Roman Law of Damage Also sold in Parts, in paper covers, as follows:- T Part IV. Law of Obligations (No. 2). 4s. 6d. Full Catalogue of Clarendon Press Publications sent free on application. London: HENRY FROWDE, Clarendon Press Warehouse, Amen Corner, E. C. Demy 8vo, 1,000 pp., price 258., Cloth; or full Law Calf, 30s.; interleaved, 2s. 6d. extra. A Treatise on the Practice of the Supreme Court of Judicature in Ireland. By MICHAEL DRUMMOND, M.A., and PHILIP LAW SMITH, M.A., LL.D., Barristers-at-Law. Will be shortly published. The Jurisdiction and Practice of the County Courts in Ireland in Equity Cases. By R. E. OSBORNE, M. A., Barrister-at-Law. Med. 8vo, 600 pp., price 12s. 6d. ; interleaved, 158. The Irish Land Law and Land Purchase Acts, 1881, 1885, and 1887. By R. R. CHERRY, M.A., assisted by J. WAKELY, B.A., Barristers-at-Law. Price 6d. The County Court Appeals (Ireland) Act, 1889. Price 6d. With Index. Act, 1887. The Land Law (Ireland) Act, 1887. JOHN FALCONER, 53 Upper Sackville-street, Dublin. Printed and Published by the Proprietor, JOHN FALCONER, every Saturday, at 53 Upper Sackville-street, in the Parish of St. Thomas, and City of Dublin.-Saturday, February 1, 1890. AND VOL. XXIV. SOLICITORS' JOURNAL. SATURDAY, FEBRUARY 8, 1890. IRISH COUNTY COURT PRACTICE. -VI. THE principles which govern the costs in case of remitted actions are laid down in the 5th and 6th sections of the Common Law Procedure Act, 1870, the 36th and 50th sections of 40 & 41 Vic., c. 56, and Order XXVIII., rr. 210, 211, of the County Court Rules of 1877. The broad general principle there laid down is that the costs of the parties in respect of proceedings subsequent to the order to remit shall be according to the scale of costs in use in the County Court; and the costs of the proceedings previously had in the Superior Court shall be allowed according to the scale in use in the Superior Court. It is to be remarked that the words "according to the scale in use" in these sections does not necessarily give the full costs of the action up to the time it is remitted they are merely a direction as to the method of taxation by the Clerk of the Peace or the Registrar of the County Court. This is clear, because in cases where the action might have been brought originally in the County Court, and where less than £20 is ultimately recovered, the Common Law Procedure Act, 1856, s. 97, deprives the plaintiff, though successful, of the costs in the action in the Superior Court, unless he obtains a special order declaring him entitled to them. In remitted cases costs are almost invariably given as portion of the costs in the cause to the successful party-a specific sum being often named: 7 Ir. L. T. 507. It is to be noticed that these provisions of the Common Law Procedure Act give no directions as to the costs of the motion to remit; they merely provide for the costs previous and subsequent to that motion. The point of separation between the two scales of costs is the motion to remit. The costs of the motion to remit on both sides to be "costs in the cause is the usual form of the order. This, it appears, does not necessarily entitle a successful plaintiff to the costs of the remitting motion. Where the sum claimed exceeds £20 it is impossible to know what costs the plaintiffs may be entitled to until the hearing of the action; therefore the costs of the motion to remit are made costs in the action according as the parties may become entitled to costs in the action. The meaning of giving costs in the action is merely a declaration that the costs of the motion shall follow with the other costs as the parties may be eventually entitled. Where the action is for a trifling sum, clearly within the County Court jurisdiction, the plaintiff has no right to bring it in the Superior Court, and may be deprived of the costs of the motion to remit, and may even be ordered, in the Chancery Division, to pay such costs, and all additional costs incurred owing to his having proceeded in the High Court: Campbell v. Whiteside and No. 1,202 Orr, 19 Ir. L. T. R. 65. In the case of Joice v. Townley, 19 Ir. L. T. 296, 19 L. R. Ir. 296, the action was brought for a sum under £20, and the Exchequer Division, whilst allowing the defendant's costs of the remitting motion to be costs in the action, refused to make a similar order with respect to the plaintiff's costs. As regards the defendant's costs of an action incurred in the Superior Courts before an order for remittal, the High Court has no discretion, but by the statute his costs must be costs in the cause, even if the action be beneath the dignity of the Court: Mulligan v. Grimes, 15 Ir. L. T. R. 7. It would appear that the County Court Judge, where costs are made "costs in the cause," has power either to give or withhold the costs in a remitted action of contract where less than £20 is recovered: see Sherry v. Mulligan, 19 Ir. L. T. R. 27, where the costs were allowed, the plaintiff having recovered £19 6s. 8d. out of a claim for £26: see also Taylor v. Cass, 4 L. R. C. P. 614; 20 L. T. 667; 17 W. R. 860; and Farmer v. May, 50 L. J. Q. 295; 44 L. T. 148; 29 W. R. 612. Thus where an action of contract for £48 was remitted for trial before the County Court, and it was ordered that the costs of the motion to remit on both sides should be costs in the cause, and the plaintiff recovered only £1 17s., it was held that the plaintiff, having recovered less than £20, was not entitled to the costs of the motion to remit: Hill v. M'Kinstry, 22 Ir. L. T. R. 75. The parties can, however, consent that the plaintiff, if he recovers less than the sum required by the Act, shall be entitled to the costs of the remitting order. Thus, where an action for disturbance of a right of way was remitted to the County Court it was further provided by the order for remittal that, the defendant's counsel so consenting, in the event of the plaintiff recovering a sum under £5, he should be entitled to all the costs of his proceedings in the Superior Court, including the costs of the motion to remit the action (Morris, L.C.J.): M'Thomas v. Prentice, 11 Ir. L. T. R. 74. Where an order to remit for trial before the County Court miscarried through neglect to lodge the plaint and the order in that Court in the time prescribed by its practice, the High Court held that they still had jurisdiction to remit the case and with special directions as to costs-viz., that the defendant be declared entitled to the sums of £3 3s. as the costs of the original order to remit, and to £4 4s. for the costs of the second motion, making together £7 7s., to be part of the defendant's costs in the cause, which, together with the rest of the defendant's costs in the cause, are to abide the result of the trial, and that the plaintiff, in any event, to abide his own costs of both motions: Green v. Byrne, Ir. R. 9 C. L. 208. This case, however, was not followed in a more recent case before |