The Gazette 1909-10

DECEMBER, 1909] The Gazette of the Incorporated Law Society of Ireland.

1843, and Section 6 of the Attornies and Solicitors (Ireland) Act, 1849, provide, that payment shall not preclude a Court or Judge from referring a bill to taxation, if, in the opinion of the Court or Judge, the special circumstances of the case appear to require same, provided the application for such reference be made within twelve calendar months after payment. The Company alleged various grounds which, in their view, constituted " special circumstances." The chief of these was that in the bills as delivered large sums were included as disbursements. For instance, one bill as delivered amounted to £631 3s., of which £469 consisted of dis bursements— e.g., Counsel's fees and printers' bill. It was admitted that a larger part of these disbursemeats had not in fact, been paid before delivery of the bill, though they were paid long before the application for taxation. The applicants relied upon the case of Sadd v. Griffin (24 The Times, L. R., 715 ; [1908] 2 K.B., 510), in which it was held by the Court of Appeal (England) that " disburse ments " meant actual payments before delivery of the bill, and that any sum claimed as disbursements which had not been so paid must be disallowed. It appeared in con sequence of that decision a new rule, Order 65, Rule 27 (29a) (England), had been framed, which provides that no disbursements shall be allowed which have not been made before delivery of the bill, unless the bill shall expressly state that they have not then been made, in which case they may be allowed if actually made before the commencement of the proceedings in which the taxation takes place. It appeared that the bills were delivered on October 12, 1907, and that of the disbursements in question, a printer's bill was paid on October 28, 1907, and the fees to Counsel on June 1, 1908. The bills themselves were not paid on delivery, but were satisfied by promissory notes and cheques, some of which were at first dis honoured. Ultimately, a moiety of the bills was paid on May 21, 1908, and the balance on June 23, 1908. The present summons to tax was not taken out until December 16, 1908. Mr. Justice Joyce held that there was no special circumstances in this case, and refused the application with costs. » Reported Times Law Reports, Vol. xxvi., page 68.

Sessional Bar Association. (COUNTY TIPPERARY, N.R., AND KING'S COUNTY—BIRR DIVISION.) A MEETING was held at Roscrea on 15th November, 1909, to consider the formation of the above Association and to draft rules for same. The following members of the profession were present :—Messrs. J. H. Dudley, James O'Brien, H. Shannon, P. Macgrath, of Nenagh ; Win. Bridge, Charles J. Spain, William Dwyer, E. P. Bridge, of Roscrea ; Messrs. A. H. Morgan, J. J. Ryan, J. P Carrigan, L. J. Ryan, of Thurles ; Thomas Mitchell, R. F. Barry. J. F. Power, of Birr. Mr. William Bridge presided. Mr. Henry Shannon acted as Hon. Sec. to the meeting. The Hon. Sec. read a requisition convening the meeting, to which was attached the signatures of 23 of the members of the profession practising in the County Tipperary, N.R., and King's Co., Birr Division. Letters were read from the following regretting unavoidable absence, but promising support :—Messrs. G. F. Corbett, Coughlan and Casey, James J. Kearns, J. J. Kennedy and M. J. O'Meara. Similar telegrams were received during the course of the meeting from Messrs. Michael Gleeson, C.S., Nenagh ; A. C. Houlihan, Roscrea. The Hon. Sec. stated that Messrs. A. Christie and P. V. Loughrey had conveyed to him in a personal interview their intention to support the Association. It was unanimously decided to form the above Association. Rules were submitted and adopted, together with a schedule of minimum fees to be charged by those members of the Association having their chief country office in Co. Tipperary, N.R., and King's County, for all work transacted by them in or out of said counties ; and as regards members having their chief country office out of said counties, said minimum fees to be charged for all work transacted by them for clients resident in said counties, or for work done in connection with land and other property situate therein. The Rules and fees to come into force on the 1st January, 1910.^ Deputations were appointed to wait upon members of the profession practising in Tipperary, S.R.,^Queen's, King's