Commencement CC

Cases

Sir John Carden,

Richard Meagher and others v Stephen Kenny

Irish Land Commission.

23 February 1926

[1926] 60 I.L.T.R 39
Hanna, O’Byrnf JJ.

Hanna, J. in giving judgment, said:—This is an unusual point but a very important one It appears that the ejectment process was stamped with an adhesive stamp, which is not in conformity with provisions of the County Officers and Courts (Ireland) Act, 1877, and the Treasury Order made thereunder and published in the Dublin Gazette of 28th February, 1879, which lays down that the process must be stamped with an impressed stamp. Therefore we must hold that the course taken by the learned Circuit Court Judge in admitting the civil bill was irregular, and that in pursuance of 14 & 15 Vic., c. 57, s. 62, he should have forthwith dismissed the civil bill and have directed that the original process, notice or copy thereof so wanting the said stamp required by this Act be held and impounded by the Clerk of the Peace. We accordingly direct that this be done. We have no power to amend the civil bill, and we therefore allow the appeal with costs above and below.

O’Byrne, J., concurred.