The Gazette 1908-9

The Gazette of the Incorporated Law Society of Ireland.

[DEC., 1908

Recent Decisions affecting Solicitors. (Notes ofdecisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.'] KING'S BENCH DIVISION. (Before Gibson, Madden, and Kenny, JJ.) The King (Moivbray and Sfourton) v. Local Government Boardfor Ireland. Nov. 10, n, 16, 1908— Local Government— Labourers Acts—Costs—Taxation of-—Solicitor. THE Local Government Board for Ireland made a Rule (No. 55 of the Labourers (Ireland) Order, 1906) under s. 31 of the Labourers (Ireland) Act, 1906, in the following terms :— "Where costs are payable by a council to an owner or lessee of land in respect" of giving proof of title to any plot by such owner or lessee such costs shall be referred to the Local Government Board, who shall arrange for the taxation of the same, and the sum which, after taxation, the Board may certify shall be the sum payable in respect of such costs." The Board claimed that they were entitled under and by virtue of such Order and the Labourers (Ireland) Act, 1906, to refer the costs incurred by an owner in making title to land, com- pulsorily taken in pursuance of the Act, to their solicitor for taxation, and not to the Taxing Master of the High Court; and further, that they were not bound to permit the solicitor for such owner to be present at such taxation, or to furnish him with any particulars as to the items of deduction, -or the manner in which such were made. Held, that even assuming that s. 31 of the Labourers (Ireland) Act, 1906, includes con veyancing and title costs, and authorizes the Local Government Board to appoint a new taxing authority—(i) it does not authorize the Board to retain the taxation in their own hands, and refer to their solicitors for advice and assistance in such taxation, and that the order was therefore ultra vires ; (2) in any taxa tion conducted in pursuance of s. 31 of the Act of 1906 the vendor's solicitors are entitled to be present, if they so choose, to explain or defend the various items of their bill of costs ; (3) the Local Government Board have no right in a taxation of title costs to give directions to the taxing authority as to how he shall tax, as such taxing authority should be independent; (4) the certificate of taxation in this case being in the nature of an order for payment was a proper subject of certiorari.

Motion to make absolute a conditional order. In the year 1907 the Dunshaughlin Rural District Council, by virtue of a Provisional Order under the Labourers (Ireland) Acts, 1883 to 1906, took compulsorily two acres of the land of Branstown as sites for labourers' cottages. These lands belonged to Mary Margaret Lady Mowbray and Stourton. The arbitrator awarded the sum of £ji Bs. as com pensation. The vendor's solicitors furnished, by request, an abstract of title to the solicitor for the council. When the conveyance was ready for completion, the vendor's solicitors notified the solicitor for the council that they were prepared to complete on receipt of a cheque for the amount of compensation and their costs, and at the same time enclosed their bill of costs for showing title to the lands. The amount of this bill was ^8 13^. 6d. On March 30, 1908, the solicitor to the rural council replied, acknowledging receipt of bill of costs, and stating that the bill of costs would be submitted to the Local Government Board in accordance with Rule 55 of the Labourers Order, 1906. On April 3, 1908, Messrs. T. T. Mecredy & Sons, solicitors to. the Local Government Board, wrote to the vendor's solicitors stating that the bill of costs had been referred to them for taxation by the Local Government Board, and that they were prepared to certify the said bill on receipt of a sum of ~js. 6d., their fee for taxation. Messrs. Wm. Roche & Son (vendor's solicitors) replied to this letter on April 3, 1908, enclosing cheque for the amount demanded, and request ing that, before certifying the costs, if any deductions should be made, they might have an opportunity of dealing with them, and further protesting against the arrangement, made by the Local Government Board, under which landlords' costs were taxed without affording the solicitor whose bill was being taxed an opportunity of explaining any of the- items. Messrs. Mecredy replied to this letter on April 4, 1908, by a communication in which they acknowledged receipt of the 7.?. 6