The Gazette 1907-8

105

The Gazette of the Incorporated Law Society of Ireland.

APRIL, 1908]

the defendant his costs only on the terms that he undertakes to bring no action in respect of the signing of the judgment or the issuing execution thereon. The following is the curial part of the order made by the Court:—"The said defendants, by their counsel, hereby undertaking not to bring any action against the sheriff or the plaintiff's solicitor by reason of the entry of the said judgment or the issue and levy of execution thereunder, but without prejudice to their right to bring an action against the plaintiff for same, it is ordered that the said judgment be set aside as having been over- marked and marked contrary to good faith, and that the said defendants be at liberty to defend this action." Reported in I.L.T.R., Vol. XLII., page 86. Result of Intermediate Examination. AT the Intermediate Examination, held upon the znd March, the following apprentices passed the examination: — Currie, William.

Reported Cases on Costs. THIS book, published by the Society some years ago, contains a collection of verbatim reprints of the Reports of cases relating to costs decided in Ireland from 1867 to 1891 ; and also of such of the English cases on the Solicitors' Re muneration Act up to 1891 as are applicable to the law in Ireland. It consists of 735 pages. The remaining copies will be sold at the re duced price of $s., postage 6d. extra, and can be obtained from the Secretary of the Society, Four Courts. Recent Decisions affecting1 Solicitors. (Notes ofdecisions,whether in reported or tmreported cases, of interest to Solicitors, are invited from Members.'} , KING'S BENCH DIVISION. (Before Boyd, Kenny, and Wright, jj.) In the Matter of an Arbitration between William Small and The Scottish Live Stock Insurance Co. Feb. 10, 1908.— Practice—Costs—Arbitration — Costs of second counsel — Taxing Master's discretion. IN an arbitration (arising out of an insurance policy) which was held during the Belfast Assizes after the ordinary court work was over, and which occupied about three and a half hours, seven witnesses being examined, the insured was awarded a sum of ^93 6s. Bd. with costs. On the taxation of costs the Taxing Master disallowed the fee of a second counsel who appeared for the insured at the arbitration, on the ground that the case was a small one, and that one counsel was enough : Held, that the Taxing Master had failed to appreciate the importance of the case, and that the matter should be remitted back to him with a direction to him to allow the costs of the second counsel:. Semble, although it is a general rule in England that, save under exceptional circum stances, the costs of only one counsel will be allowed on an arbitration, there is no such general rule in Ireland. Reported in I.L.T.R., Vol. XLII-, page 85. (Before Palles, L.C.B., Johnson, and Boyd,JJ.) Wells v. M'Gregor and Another. Feb. 5, 1908. — Practice—Irregularly marked judgment — Setting aside — Costs — Power to impose a condition. IN setting aside a judgment for irregularity it is now the settled practice of the Court to allow

Porter, Robert K. Taylor, Brandon I. Four candidates attended ;

three passed;

one was postponed.

New Solicitors. ADMISSIONS DURING MARCH, 1908. Name.

Served apprenticeship to . Hugh C. O'Doherty, Lon donderry. . William A. Parke, Clones.

McCormick, Charles,

Parke, James Cecil,

Sittings and Court Holidays. THE Easter Sittings begin upon Wednesday, the isth April, and terminate on Monday, the 18th May. The following days in Easter Sittings will be Court holidays :— Good Friday, i7th April. Saturday, 18th April. Easter Monday, 2oth April. Tuesday, 2ist April.

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