Oƒ€™FARRELL v THE LIMERICK and WATERFORD RAILWAY COMPANY

• Jurisdiction: Ireland
• Judgment Date: 10 November 1849
• Date: 10 November 1849
• Court: Queen's Bench Division (Ireland)

Queen's Bench

Oƒ€™FARRELL

and

THE LIMERICK AND WATERFORD RAILWAY COMPANY.

CASES AT LAW. 365 question is one entirely of jurisdiction.]-The 167th, 174th, 179th, T. T. 1849. Queen's Bench and 184th sections are important.-[PERniN, J. You ought to R EH MA have made it part of the consent the terms as to costs ; the 174th v. section providing for the issuing a warrant to summon a jury says S. AND W. RAILWAY nothing about costs.] COMPANY. Fitzgibbon and Wall, for the Company, referred to Corrigal v. London and Rockwall Railway Company (a). BLACKBURNE, C. J. The case before the Court is not within the Act of Parliament ; for no costs are payable to the claimant. No offer was made by the Company, and Maher was not served with any notice to appear at the inquiry, which was held for the purpose of assessing compensaÂtion to other claimants. However, lie did appear, and an arrangeÂment was then entered into with him, by which he was to receive £160; so that whatever took place is founded on compact and agreement. Under the statute we have no jurisdiction to compel the officer to tax these costs. No rule. (a) 5 Man. & Gr. 219. O'FARRELL v. THE LIMERICK AND WATERFORD RAILWAY COMPANY. Nov. 10. O'CALLAGIIAN moved, on behalf of John O'Farrell, a solicitor, for an The Master of this Court has order that the Master of the Court should, pursuant to a requisition no jurisdiction under the of the Taxing-Master of the Court of Chancery, in the matter of the Lands Clauses Consolidation Act, s. 52, tc tax the costs between solicitor and client incident to a Railway inquiry. 366 CASES AT LAW. T. T. 1849. Waterford and Limerick Railway Company petitioners, and John Queen'sBench O'Farrell respondent, tax and settle the several bills of costs of O'FARRELL inquiries held before juries as to the amount of compensation under V. LIMERICK the provisions of the Lands Clauses Consolidation Act (1845), which AND said inquisition costs were portion of the several bills of costs WATER FORD RAIL- furnished to the Company by O'Farrell as between solicitor and WAY COM client, and were ordered to be...