The Gazette 1907-8

The Gazette of the Incorporated Law Society of Ireland.

[AUG., 1907

42

Kingdom in relation to bankruptcy, deeds of arrangement, and composition by insolvent debtors with their creditors, and the pre vention and punishment of frauds by debtors on their creditors, and the points and matters in which those laws and the procedure and administration under them require amendment. Miscellaneous Costs in Administration Suits. THE Right Hon. the Master of the Rolls, on the hearing of a matter which came recently before him on further consideration of the Chief Clerk's certificate, stated that in future he would strictly enforce the rule of his Court, that the Solicitor for the executor or adminis trator should have in Court on the hearing on further consideration for presentation to the Judge, the detailed particulars of any miscel laneous costs claimed by the executor or administrator, and that, failing the production of such detailed bill, no miscellaneous costs would be allowed. Recent Decisions affecting Solicitors. (Noles ofdecisions, whether in reported or unreported cases, of interest to Solicitors are invited from Members.} COURT OF APPEAL. (Before Walker, C. ; FitzGibbon and Holmes, MJO Allison and Another v. Jenkins and Others. June 4th, 5th, 1907.— Appeal from an order of Meredith, M. R.-—Cssts—Taxation—Discretion of Taxing Master—Right of appeal—Error in principle—Mistake in fact—Case for counsel to settle reply—No reply filed—Costs ofregistering Us 'pendens—Instructionsfor brief-—Instructions for brief on further consideration — Fee for advice of proofs — Costs of third counsel — Schedulefor Chief Clerk—Attendances to obtain copy of a ivill—Surveyor s fee—Copies of docu ments for counsel with instructions to settle pleadings— Wide line draft statement of claim for settlement by senior counsel—Or. LXV, r. 65 (2); Appendix S., Part I., items 73 and i 13 (note). WHERE a case has been sent to counsel to consider defences and, if necessary, settle a reply, the fact that no reply has been filed does not, per se, disentitle a plaintiff to the costs of such a case.

Visit to Ireland of Their Majesties the King and Queen. AN Address of Welcome from the Society, on the occasion of Their Majesties' visit last month to Ireland, was presented to Their Majesties at the Vice-Regal Lodge on the roth July. The Address was presented by the President, who was accompanied by the Secre tary. His Majesty handed to the President a copy of his general reply to the Addresses presented. Prevention of Corruption Act, 1906. THE Council having obtained the advice of counsel as to the effect of this Act upon the division of profits between solicitors out of costs received by them, intimate to the mem bers of the Society that counsel are of opinion that such division of profits between solicitors may, in certain cases, come within the Act, and, in order to avoid all questions, the Council •are of opinion that clients should have notice of the receipt or payment, as the case m'ay be, and solicitors should render their accounts or issue their receipts in such form as will show that such a division of profits has taken place. Labourers (Ireland) Act, 1906. The Joint Committee of members of the Council of the Society, and of members ap pointed at the meeting of District Council Solicitors held in February last, recommend solicitors who act for District Councils in the promotion of schemes under the Labourers (Ireland) Act, 1906, to seek to obtain their remuneration from the District Council by entering into agreements with the District Council to be paid at the rate of Six pounds per site, such sum to include the obtaining of evidence for inquiries, attendances at inquiries, attendances at Council meetings, attendances on hearing of appeals, investigation of titles, and preparation and completion of receipts, conveyances, and bonds. Bankruptcy Law Amendment. THE President of the Society (Mr. William S. Haves) gave evidence in London, on the 17th July, before the Committee appointed by the President of the Board of Trade to inquire into and report on the effect of the provisions of the laws at present in force in the United