The Gazette 1907-8

The Gazette of the Incorporated Law Society of Ireland.

JAN., 1908]

79

mortgages upon the land acquired and built upon as security for his advances, with interest and his costs. The client was not represented by any other solicitor. From time to time accounts were submitted to the client, and they were agreed to and signed by him, some of them more than six years before action. In the accounts the solicitor always charged profit costs in respect of the mortgages to himself, but no bills of costs were rendered. There were also certain instances of interest over charged by error. The solicitor died in 1905. In an action by the executors for foreclosure of two of the mortgages the client counterdaimed to reopen the accounts on the ground of over charges. Held, that, considering the relation between the parties and the character of the errors, from which it might be expected that the errors proved in some cases would appear in all, the client was entitled to the relief claimed in re spect of all the accounts; that the Statute of Limitations did not apply; and that the client was entitled to have the solicitor's costs charged in such accounts taxed, upon the footing that the solicitor was not entitled to'charge profit costs in respect of. any mortgage before the Mortgagees' Legal Costs Act, 1895, regard being had in such taxation to any agreement as to costs appearing by such accounts to have been come to between the parties. Reported in the T.L.R., Vol. xxiv., p. 138. Allocation of Funds in the Land Commission Scottish Investments. SOLICITORS having carriage of sales under the Land Purchase Acts, should bear in mind that where the residue of the purchase-money consists of Scottish securities, such as railway and other Scottish stocks, and is payable to trustees, the Judicial Commissioner should be requested at the time of allocation to put a direction on the schedule, authorizing the Accountant when preparing the transfer deed of the Scottish security, to add after the names of the, trustees, the words: "and the survivors and survivor of them." There is no implied survivorship in Scotlish law, and unless these words are inserted at the time when the schedule is being ruled, it will be necessary to make a subsequent application to the Judicial Commissioner.

Obituary. MR. Arthur E. Vincent. Soliciior, died on the glh December, 1907, in Dublin. Mr. Vincent, who served his apprenticeship with the late Mr. John Ruckley, of 9 Eustace Street, Dublin, was admitted in Easter Sittings, 1879, and practised at 9 Eustace Street, Dublin, in partnership with Mr. John J. Beattv. Mr. Richard J. Crean, Solicitor, died at his residence, Glenbrook, Clonmel, on the igth December, 1907. Mr. Crean, who served his apprenticeship with Mr. E. N. Blood, of 53 Dame Street, Dublin, was admitted in Hilary Sittings, 1887, and practised at Clonmel. Solicitors' Annual Certificates. MEM HERS are reminded that annual Certificates for year ending 5th January, 1909, should be taken out, and the duties paid thereon, between the 5th day of January and the 6th day of February, 1908. 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 fourpence. Recent Decisions affecting Solicitors. ( Koles ofdecisions, whether in reported or nnreporled cases, of interest to Solicitors, are invited from Members.} CHANCERY DIVISION (ENGLAND). (Before Neville, J.). Cheese v. Keen. November 26th, 1907.— Mortgage—Solicitor Mortgagee costs — Mortgages from client — Accounts settled—Profit costs—Overcharges for interest—Reopening accounts—Limitation Act (21 fac. i, c. 16). A SOLICITOR since 1883 financed a client, who was a builder, advancing him money and taking-