The Gazette 1909-10

The Gazette of the Incorporated Law Society of Ireland,

[FEBRUARY, 1910

Notary Public. THE Lord Chancellor has appointed following to be a Notary Public :— John L. Harris, Solicitor, of the firm of Messrs. Harris & Greene, 61 Middle Abbey Street, Dublin. ———— New Solicitors. ADMISSION. DURING JANUARY, 1910. jVttr/te Served Apprenticeship to Barry, John Joseph.. Harold C. Geog'heg'an, Dublin, and Hugh Horan, Dublin. Bell, Philip S. ... John McKee, Belfast. Butler, James ... Ja nes S. Bernard, Dublin. Bernard Campbell, Andrew... Richard H. Twijfg-, Cooks- town. Clarke, David Lionel Thomas M. Kenny, Galway. Lavery, Michael ... Joseph Alien, Lisburn. JVIcCarroll, Husfh ... Joseph H.McCarroll.Wicklow. McDonnell, Philip S. John H. Walsh, Dublin. O'Dempsey, John A. Sinnott, Enniscorthv ; Michael J. and John N. Scallan, Ennis- corthy. O'Kane, John ... William O'Doherty, London derry, and Philip O'Hagan, Londonderry. Shaw, William ... Norman C. Caruth.Ballymena. Stephens, Francis Henry F. Stephen", Dublin. Edmund Thompson,Henry E. Henry F. Leachman. Dublin. Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) KING'S BENCH DIVISION (IRELAND). (Before Boyd, J.) In the Matter of an intended action, Scott v. Crawford; and in the Matter of the Attorneys and Solicitors (Ireland) Act, 1849, and in the Matter of the Legal Practitioners (Ireland) Act, 1876. 1909. -—Solicitor—Bill of Costs— Legal Practitioners (Ireland) Act, 1876— Statute Law Revision Act, 1883— Action — Reference. A SOLICITOR who has delivered his bill of costs may obtain leave of the Court, under Section 2 of the Legal Practitioners (Ireland) Act, 1876, to issue a writ for the recovery of such costs, notwithstanding that the period of a month has not expired from the date of the delivery of the bill, on proof to the satisfaction of the Judge that the party chargeable is about to quit Ireland. The Statute Law Revision Act, 1883 (46 & 47 Vict., c. 49), though repealing Section 2 the Dec. 21,

of the Legal Practitioners (Ireland) Act, 1876, preserves the established jurisdiction derived from the enactment repealed. The plaintiff was a Solicitor, and a bill of costs was owing to him by the defendant. The bill of costs was served on Dec. 10, 1909. On Dec. 15, 1909, an advertisement appeared in the newspapers stating that the defendant was selling by auction, on Dec. 20, 1909, his house property. On enquiry from the auctioneer, the plaintiff discovered, on Dec. 20, 1909, that the premises had been sold for £250, and that the sale was to be completed on Jan. 7, 1910. The plaintiff had been informed by the defendant himself, while his client, that he had made up his mind to leave Ireland and go to America, and plaintiff stated he verily believed that he intended to realise all his property and leave the country. These facts were stated on affidavit. Boyd, J., in making the order asked for, including a reference of the bill to taxation and leave to issue the writ forthwith, said :— It seems to me that the Statute Law Revision Acts, just as in this case, often repeal beneficial and convenient provisions in former Acts. I have had experience of the same in Bankruptcy. I make the order. (Reported /. L. T. R., Vol. xliv,, p. 19). Land Purchase (Ireland) Acts. THE following Provisional Rules under the Land Purchase Acts have been made :— SUPPLEMENTAL TO ORDER X. OF THE PRO VISIONAL RULES DATED 4TH DECEMBER, 1903. 26th day of January, 1910. It is this day ordered that Order X. of the Provisional Rules dated 4th December, 1903, be amended by the addition of the following rules :— 2. When a percentage is payable out of the Land Purchase Aid Fund in respect of purchase money advanced under the Land Purchase Acts, contemporaneously with the payment of such purchase money into the Bank of Ireland, or the order vesting the estate in the Land Commission, or Congested Districts Board for Ireland, as the case may be, a draft certificate specifying the amount of such percentage shall be prepared in such form as the Judicial Commissioner may direct, and shall be open to inspection in the Agreements for Purchase Office, and may be