The Gazette 1907-8

MAY, 1907]

The Gazette of the Incorporated Law Society of Ireland.

Solicitor, to be Chief Clerk to the Lord Chancellor, in room of Mr. William Graham Brooke, B.L., deceased. Mr. MacLaughlin was admitted in Hilary Sittings, 1881 ; he served his apprenticeship with Mr. -Richard S. Reeves, J.P., obtained a Silver Medal at his Preliminary Examination, and a Special Certificate at his Final Examination. He filled the office of President of the Incorporated Law Society of Ireland from July, 1904, to December, 1905. New Commissioners to administer Oaths. THE following, since the ist January, 1907, have been appointed by the Lord Chancellor to be Commissioners to administer oaths : Denis F. M'Carthy, Castlelownbere.

Recent Decisions affecting Solicitors. (Noles ofdecisions, whether in reported or unreporlcd cases, of interest to Solicitors are invited from Members, ,) COURT OF APPEAL. Before Walker, C.; FitzGibbon and Holmes, L..TJ. In re Patrick Ryan, a Bankrupt. Costs. Order LXXXVIII, R. 105. Gross proceeds realized. THIS was an appeal from an order of Boyd, J., refusing to allow the Solicitor for the Assignees full costs where the gross proceeds of the assets, exclusive of amount realized by sale of mortgaged property of the Bankrupt, did not exceed ;£ioo, but which, inclusive of theamount realized by sale of the mortgaged property, did exceed ^"100. Order LXXXVIII, R. 105, of the Rules of Supreme Court of 1905 is as follows: "When the gross proceeds of the assets realized in any bankruptcy or arrange– ment do not exceed .£100, the disbursements, together with three-fifths only of the profes– sional charges, shall be allowed, unless the Court otherwise specially directs." Held, confirming Order of Boyd, J., that the term "assets" in the order is restricted to property distributable amongst unsecured creditors, and the Court refused to interfere with the discretion of the Judge exercised under the latter part of the rule. Reported in I.L.T.R., Vol. XLI, page 78. KING'S BENCH DIVISION. (Before Madden and Boyd, JJ.) Brandon v. Hanna. Costs. Consultation prior to motion for new trial. THIS was an appeal by the defendant from the disallowance by the Taxing Master as between party and party of the costs of a consultation between Counsel before a motion for a new trial, for the reason that he had allowed the defendant, as between party and party, the costs of a consultation prior to the trial. The consultation in question had been certi– fied by Senior Counsel as being necessary and as having been held. Held, reversing the Taxing Master, that the reason given for the disallowance was insufficient, and based upon a wrong principle, and that the action being one of some importance, the consultation should be allowed, and that the bill should be referred back to the Master for this purpose. Reported in I.L.T.R., Vol. XLI, page 75.

John Fogarty, Carlow. George Given, Omagh.

David Joseph Brenan, Dungnrvan. William T. M'Gillicuddy, Killorglin.

Charles Mitchell, Ramelton. ' Michael Bannon, Bawnboy.

Alfred John Pateshall, Tipperary. Thomas C. Ross, Solicitor, Dublin. James Brady, Solicitor, Dublin. John M. M'Dowell, Solicitor, Dublin. William Buckley, Solicitor, Dublin. Denis Murphy, Gorey.

Vacation. THE Easter Sittings terminate on Saturday, the 18th May, and Trinity Sittings commence on Saturday, the ist June. On Whit Monday, the 20th May, which is a Bank Holiday, all the offices of the Supreme Court will be closed. Members are reminded that Order LXIV, R. 3, prescribes that where the time for doing any act or taking any proceedings expires on a Sunday, or any other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open.