The Gazette 1907-8

[APRIL, 1908

The Gazette of the Incorporated Law Society of Ireland.

108

reference to costs of adjournments, is unreason able, and places solicitors in an invidious position before their clients and the public. The Court has full jurisdiction to refuse an application for an adjournment, but when it sees fit to grant an adjournment, the solicitor, acting in the interest of his client, and by his direction, should not be obliged to.ask for costs. The Council are of opinion that adjourn ments, especially in arrangement matters, are, generally speaking, unavoidable. The Council are of opinion that, as in the past, the question of the costs of an adjourn ment should remain with the Taxing Master, subject to any special order the Court may be pleased to make. The Council would respectfully submit that in any event the regulation as to the costs of an adjournment should be confined to a case in which they would be payable out of a fund under the control of the Court. The Council respectfully urge upon His Lordship, Mr. Justice Boyd, to rescind both of the regulations referred to in the foregoing resolution. Upon the loth March Mr. Justice Boyd received a deputation from the Council, con sisting of Mr. Lyster (President), Mr. Collins (Vice-President), Sir George Roche, Sir A. F. Baker, and Mr. Henry, accompanied by the Secretary, when the foregoing resolutions were submitted to His Lordship, and the deputation put. forward further reasons in support of the request of the Council that the regulations of the 20th December, 1907, shouW be rescinded. His Lordship intimated that the subject would receive his careful consideration. The following letter has been received by the Secretary:— "FouR COURTS, DUBLIN, " ^•$rd March, 1908. " SIR,—I beg to enclose herewith a copy of an order made by Mr. Justice Boyd in reference to the matters brought before His Lordship by the Incorporated Law Society on the roth March inst. " Yours faithfully, " R. G. DANIELL, Regr. " The Secretary, " Incorporated Law Society, " Four Courts,"

Council of this Society adhere to the opinion expressed in my letter of the 22nd January last, and to the suggestion contained therein that matters should remain as heretofore. I remain, yours faithfully, W. G. WAKELY, Secretary.

Henry Hanna, Esq., Hon. Secretary Bar Council, Law Library, Four Courts.

The attention of the Council of the Society has been called to the case of In re Harrison (L. R. Ch. [1908], i, p. 282), in which Mr. Justice Parker decided that Bar rules or etiquette cannot be relied on by a solicitor in the taxation of his costs.

Bankruptcy Regulations. THE Council, having considered the Regula tions of the 20th December, 1907, dealing with the costs on sales of mortgaged property, and also with the costs of adjournments, adopted the following resolutions:— RESOLVED—The Council of the Incorporated Law Society of Ireland are of opinion that the regulations of the 2oth December, 1907, as to costs on sales of mortgaged property, which direct that the costs, charges, and expenses of the assignees (representing as they do the bank rupt mortgagor) are to have priority, and are to be paid out of the proceeds of the sale of mortgaged property in priority to the claim of the mortgagee, are wrong in principle and are unfair to mortgagees. That no such right of preference is given to an owner or mortgagor in any division of the High Court in a sale at the instance of a mortgagee. That whilst the Council is fully satisfied that no unfair order would be made by the Court, they are of opinion that the existence of the regulations would have a deterrent effect upon mortgagees desirous of realizing through the Court, and would also seriously affect the use fulness of the Court, and prevent the rapid realization of bankrupts' estates subject to charges. COSTS OF ADJOURNMENT. The Council are further of opinion that the regulation of the 2oth December, 1907, in