Ex parte The Great Southern and Western Railway Company, and to The Credit of Mary Williams and Others

• Jurisdiction: Ireland
• Judgment Date: 12 July 1877
• Date: 12 July 1877
• Court: Chancery Division (Ireland)

V. C. Court.

EX PARTE THE GREAT SOUTHERN AND WESTERN RAILWAY COMPANY, AND TO THE CREDIT OF MARY WILLIAMS AND OTHERS.

In re Butterfield 9 W. R. 805.

Re Singleton's Estate 11 W. R. 871.

Picard v. MitchellENR 12 Beav. 486, 488.

Re Duke of Norfolk's Estate 22 W. R. 817.

In re Singleton 9 Jur. (N. S. ) 941; 11 W. R. 871.

Haynes v. Barton ENR1 Dr. & Sm. 483.

Re Alston's Estate 28 L. T. R. (O. S) 337, 339.

8 Vict. c. 18, s. 80 — Money lodged in Court by a Railway Company — Petition for transfer — Adverse litigants — Costs — Form of Order.

XI.) 49'7 Ex PARTE THE GREAT SOUTHERN AND W ESTERN RAIL- V. C. Court. 18'17. LIAMS AND OTHERS. July 12. 8 Viet. c.18, 8. 80-Money lodged in Court by a .Railway Company-Petition for transfer-Adverse litigants-Costs--Form of Order. A petition was presented for the transfer to the Petitioner of a sum of money lodged in Court by a Railway Company under the Lands Clauses ConÂÂsolidation Act, 1845, and several claimants to the sum appeared. The Court, having decided that the Petitioner was entitled to the whole sum, ordered the Railway Company to pay the costs of the petition and of the proceedings thereÂÂunder, except such costs as were occasioned by the litigation between the adÂÂverse claimants ; and further ordered the unsuccessful claimants to pay to the Petitioner such costs as the Taxing-master should find to have been occasioned by their adverse claims. Semb/e---Except in a clear case, the Court should not specify in the order what costs fall within the exception in the 80th section of the Lauds 'Clauses Consolidation Act, 1845 (8 Yid. c. 18), but should leave any questions on that subject to the decision of the Taxing-master. MoTIoN on behalf of Arthur Dudgeon, the Petitioner, that the sum of £257 12s. 10d. Government New 3 per cent. Stock, and the sum of £7 12$. 9d. cash, standing in the Bank of Ireland to the credit of the matter, might be transferred to the credit of a cause in which Arthur Dudgeon was plaintiff and Arthur Kemmis and. others were defendants, and that the Petitioner might be declared entitled to his costs of the petition and proceedings thereÂÂunder, and of the order of the 20th of November, 1876, and the inquiries thereby directed and the proceedings thereunder, and of the present motion and the proceedings thereunder, and that it might be declared by which of the parties in the notice of motion mentioned the costs should be paid. The Great Southern and Western Railway Company, under the authority of their Act of 1872, compulsorily purchased certain pieces of ground which formed portion of the North Lotts near the North Wall, in the city of Dublin, and amongst others a piece of ground used as a passage, containing two perches ; and the arbi VOL. XI. 2 L 498 THE IRISH REPORTS. [I. R. V. C. Court. trator awarded £160 as the purchase-money of the passage, and 1877. inserted in his final award opposite this sum the names, " Re-Ex park presentatives of Hind," " Mary Williams," " Thomas Barber," SAIL, & W. RAIL. CO. " Henry Roehford," and " Jane Dunne," as the names of the owners...