The Gazette 1907-8

The Gazette of the Incorporated La* Society of Ireland.

[JULY, 1907

one counsel is entitled to appear on behalf of each party before a Commission appointed to take the evidence of a witness. It is entirely a matter in the discretion of the Taxing Master, and we will not interfere with his exercise of that discretion. As regards the fee of £2 2s: paid to counsel for attendance on the taxation of the bill of costs, the Taxing Master had no authority to allow such fee unless some question of principle was involved on the tax ation. The Taxing Master has not stated in his report that any question of principle was involved, and we can see none. We therefore hold that such item must be disallowed." Reported in I.L.T.R., Vol. XLI., p. 121. KING'S BENCH DIVISION (ENGLAND). (Before Darling and A. T. Lawrence, JJ.) In re a Solicitor; ex parte Hales. May 9, 1907.— Undertaking to pay money— Receipt of money from client — Undertaking to third person — Enforcement — Summary Order. THE applicant, who was a solicitor, was owed certain costs by a client, and the client re tained the respondent, who was also a solicitor, to apply for an order for the taxation of the bill of costs. An order for taxation was made, and the client, who was an undischarged bank rupt, placed in the respondent's hands ^£150 to meet the amount of the bill. The re spondent wrote to the applicant stating that the client had placed in his hands the full amount of the bill, " so that on completion of the taxation we shall be in a position to pay the amount certified by the Master due to you." The applicant, relying on the letter, did not press on the taxation; and when, upon the taxation being completed, he applied to the respondent for payment of the amount due, the latter declined to pay upon the ground that the client, who had died, was in debted to him for costs. The applicant applied for an order on the respondent to pay the sum due. Held, that the letter written by the respon dent to the plaintiff amounted to a personal guarantee to pay the sum when found due out of the money placed in his hands, and consti­

tuted a declaration of trust, on the faith of which the applicant altered his position, and the Court would, by a summary order, enforce payment of the amount by an officer of the Court. Reported in T.L.R., Vol. xxiu., p. 573.

' New Rules. LOCAL REGISTRATION OF TITLE (IRELAND) ACT, 1891. THE following new rule under above Act was published in the Dublin Gazette of i4th June, 1907 :— "It is this day ordered by the Right Honourable Dodgson Hamilton Madden, one of the Judges of the King's Bench Division of the High Court of Justice in Ireland, and nominated as an additional Land Judge for the purposes of the Local Registration of Title (Ireland) Act, 1891, with the approval of the Right Honourable Sir Samuel Walker, Bart., Lord Chancellor of Ireland, that Rule 63 of the Consolidated Rules of the 24th day of August, 1896, be amended as follows, viz.:— By omitting the following portions of the said rule, namely, from the beginning down to and including the words ' as he may direct.' " Approved, ' D. H. MADDEN. : S. WALKER, C." Rule 63 of the rules of the 24th August, 1896, is as follows:— " No more than four persons shall at any time be registered as owners of the same land or charge as joint tenants thereof. If the number of persons entitled exceed four, such of them, not exceeding four, as they may in writing agree upon shall be registered ; or, in case they cannot agree, as the central register ing authority may, upon application, decide after such notices have been given (if any), and proceedings taken, as he may direct. Where two or more persons are registered as joint owners of the same lands, or of a charge thereon, one certificate only of their title to the land or charge shall be issued by the registering authority."