The Gazette 1907-8

FEB., 1908]

The Gazette of the Incorporated Law Society of Ireland.

87

Edward Donoghue, Clerk of Petty Sessions, Mountbellew. Edward Gallagher, Merchant, Slrabane. Robert C. Lendrum, Clerk of Petty Sessions, Clonakilty. Robt. Partridge, Commercial Clerk, Ballagh- adereen. Herbert T. Radcliffe, Clerk of Petty Sessions, Kells. John Torish, Sub-Sanitary Officer and Regis tration Agent, Strabane.

Recent Decisions affecting Solicitors. ( Notes ofdecisions, whether in reported or unreportcd cases, of interest to Solicitors, are invited from Members.} COURT OF APPEAL (IRELAND). (Before Sir S. Walker, Bart., L.C.; FitzGibbon and Holmes, L.JJ.) Mulholland and others v. M'-Parland and another. January 14, 1908.— Costs — Medical evidence— Special reports—Direction of proofs by 'senior counsel. Fees paid to medical gentlemen, not as expert witnesses, but for consultation and special reports had and made by them as to the general mental condition ofa patient ivhile under their observation, will not be alloived as part of the costs of an action, even where such consultation and special reports have been had and made in accordance ivith the advice of senior counsel when directing proofs. APPEAL by the plaintiffs from an order of Andrews, J., dated November 25, 1907, refusing the plaintiffs' application to review the taxation of the plaintiffs' costs, and to allow to the plaintiffs, as part of their costs in the action, certain items appealed from. The action was brought to establish the last will and testament of Terence M'Parland, deceased, of Newry. The testamentary capacity of the testator was impeached on the ground of insane delusions on the part of the testator as to his wife's chastity. The trial of the action took place in Dublin, before Mr. Justice Madden and a special jury, on November 28, 1906, and the following days, and resulted in the jury finding against the will. The costs having gone to taxation, objection was taken by the plaintiffs to the rulings of the Taxing Master (Master Goff) as to the following items:—"Item 78—Attending on Dr. Burke Savage and Surgeon Kennedy, arranging as to report as to operation upon, and death of, deceased, 6s. 8d. Item 80—Paid fee to Dr. Burke Savage for consultation and report, £4. 4^. Item 81—Like fee to Surgeon Kennedy, ^4 4^. Item 216—John Kean, M.D., Newry, six days' attendance, including substitute's fee, at ^"5 $s., ^'31 10^." The Taxing Master refused to allow anything in respect of items 78, 80, and 81 ; but in respect of item 216 he allowed a sum of ^3 3$. a day for three days. Andrews, J., having refused the plaintiffs' application for a review, the

Legal Appointments. MR. J. Russell Stritch, Solicitor, Dublin, has been appointed by the Town Clerk of Dublin to be one of the Registrars of the Dublin Court for the Revision of Lists of Voters.

Obituary. MR. James W. Slacke, Solicitor, died on the 25th January, 1908, at his residence, Annadale, Drumcong, Carrick-on-Shannon. Mr. Slacke, who served his apprenticeship with the late Mr. Aquila M'Mahon, of 31 College Green, Dublin, was admitted in Easter Sittings, 1889, and practised at Carrick-on-Shannon. Mr. Thomas Coulter Dickie, Solicitor, died at his residence, Clonavon, Omagh, on the 28th January, 1908. Mr. Dickie was admitted in Michaelmas Sittings, 1861, and practised at Omagh in partnership with Mr. Robert H. Carson under the style of Dickie & Carson. He filled the office of Sessional Crown Solicitor for County Tyrone for many years, and he was also local Registrar of Titles for the County Tyrone ; the former office he resigned in 1905, and his partner, Mr. Carson, was appointed to succeed him. Calendar of Incorporated Law Society, 1908. THE Calendar and Law Directory, published by the Society, for 1908, can be obtained in the Secretary's office, price three shillings, or by post three shillings and four pence.