The Gazette 1907-8

The Gazette of the Incorporated Law Society of Ireland.

Nov., 1907]

(e~) If the party liable to pay such compen sation fails on demand to pay any amount which he is liable to pay to such solicitor or agent, the Judge may, on application made to him, on notice to such party in accordance with Rule 45 and on proof of the order having been served on and demand for payment made to such party, order such party to pay such sum ; and in default of payment the Judge may order exe cution to issue to levy such amount. (_/") Payment made by or execution levied on the party liable to pay such com pensation shall be a valid discharge to him, as against the party* entitled to such compensation, to the amount paid or levied. (g) Where the sum awarded as compensation has been paid into Court, the amount to which the solicitor or agent is entitled shall be paid to him out of such sum. Affidavits to Memorials for Registry of Deeds Office. OWING to the provisions of section 6 of the Finance Act of 1907, an affidavit verifying the execution of a deed and memorial for the registration of a deed in the Registry of Deeds Office, is now exempt from the half-crown stamp duty, whether it be sworn before a Com missioner of Oaths or a Justice of the Peace. Winter Assizes. THE Lord Lieutenant has made the following orders with regard to the forthcoming Winter Assizes:— The Ulster Winter Assizes shall be held in Belfast. The County of Antrim, the County of the City of Belfast, the County of Down, the County of Armagh, the County of Monaghan, the County-of Donegal, the County of Londonderry, the County of the City of Londonderry, the County of Fermanagh, the County of Tyrone, and the County of Cavaiv shall be united together, and form one county under the name of the Ulster Winter Assize County. The Munster Winter Assizes shall be held in Cork. The County of Waterford, the County of the City of Waterford, the County-

if the proceeding had been an equity suit in the County Court, and the statutory provisions and rules for the time being in force as to the allowance and taxation of costs in such action and as to the objections and review of taxation by the Clerk of the Peace shall apply accord ingly ; and any taxation shall be subject to review by the Judge in accordance with the provisions of Rule 59. , (9.) Where the subject-matter of the arbi tration is not a capital sum, the Committee, Arbitrator, or Judge shall determine what, for the purpose of the allowance and taxation of such costs, shall be considered to be the amount of the subject-matter of the arbitration. 62. Where an order is made by a Com mittee, Arbitrator, or Judge awarding costs to a solicitor or agent, and declaring such solici tor or agent to be entitled to recover such costs from the person for whom he acted, or to be entitled to a lien for such costs on any sum awarded or agreed as compensation, or to be entitled to deduct such costs from any such sum, the following provisions shall apply:— (rt) The Clerk of the Peace shall, on appli cation made to him, tax such costs. (£) A copy of the order, and, when the amount to which such solicitor or agent is entitled has been ascertained by taxation, a memorandum of such amount shall, at the request and cost of the solicitor or agent, be issued by the Clerk of the Peace for service on the party liable to pay the sum awarded or agreed on as compensation ; and service thereof may be effected on such party in accordance with Rule 15. (c) A memorandum of such order, and when such amount has been ascertained a memorandum of such amount shall be recorded in the register in which the memorandum or award under which the sum awarded as compensation is payable is recorded, and such last-men tioned memorandum or award shall have effect subject to such order and memorandum. (

solicitor or agent the amount to which he is entitled, but so that such party shall not be liable to pay any amount in excess of that which he is liable to pay for compensation, or to pay such amount by any other instalments than those by which he is liable to pay such compensation.