The Gazette 1910-11

FEBRUARY, 1911]

The Gazette of the Incorporated Law Society of Ireland.

191

John Hawthorne, Solicitor. 32 Bachelor's Walk, Dublin. Timothy Murray, Assistant to the Clerk of the Crown and Peace, Dundalk,County Louth. Recent Decision affecting Solicitors. (Notes of decisions, whether in reported or un- reporte'd cases, of interest to Solicitors, are invited from Members.} CHANCERY DIVISION. (Before Barton J.) Tench v. Sand.es. Jan. 13, 1911.— Solicitor Mortgagee—Money lent to client—Moneylenders Act, 1900. This action was brought by Mr. Gerald Tench, Solicitor, Dublin, against Mr. John Sandcs, to have it declared that a sum of £350, advanced by the Plaintiff to the defendant, was well charged on certain lands in County Kerry by virtue of a deposit of a land certificate by the defendant with the plaintiff. On the 13th July, 1910, the defendant called at the plaintiff's office and informed the plaintiff that he urgently required £400, and offered an equitable deposit of the land certificate .referred to as security. The plaintiff informed the defendant that he would require to look into the title, and that he would require map, valuation, certificate and evidence of the value of the. lands. On the following day, 14th July, defendant called on the plaintiff and signed an undertaking or declaration as to the value of the lands, and the plaintiff thereupon gave the defendant a cheque for £335, having deducted £15 to cover interest and costs, the loan being for £350, and the plaintiff retained the land certificate as security, the defendant having signed a promissory note to the plaintiff for £350, payable within two months. The defence was that the plaintiff was a money-lender within the meaning of the definition in the Money-lenders Act, 1900. The plaintiff, in his evidence, stated that he never lent money except in furtherance of his business as a Solicitor ; that he con stantly lent money to persons for whom he acted as Solicitor ; and that he had previous transactions with the defendant, who had paid him law costs in respect of such trans actions. The plaintiff further stated that he

had lent sums of money to farmers who were clients of his, and that he had allowed the moneys to remain out on loan for a consider able time, and that he seldom had to take proceedings for the recovery of any such moneys. Held, that the onus of proof that plaintiff was a money-lender lay upon the defendant, and that he had not discharged that onus, and judgment given in favour of the plaintiff with costs.

New Solicitors. ADMISSIONS DURING JANUARY, 1911.

Name Collins, John Henry Fitzpatrick, Fintan Furlung-, Peter Claude Huggard, William S. King, John H. Macaulay, Austin G. Meagher, \Villiam McCourt, John Edward McKee, Samuel William Pollock, Hugh Roger Quirk, Michael J. O'Neill Taylor, Brendon I. Twoniey, David Ambrose

Served Apprenticeship to Daniel McCartan, Down- patrick D. O'Connell Miley, Dublin Bernard J. O'Hlaherty, Enniscorthy Edward White, Dublin Daniel McCartan, Down- patrick Peter Macaulay, Belfast Laurence J Ryan, Thuiles Robert H. Wallace, Downpatiick John W. Bell, Down- patrick John G. Fottrell, Dublin Joseph F. Quirk, Carnck- on-Snir Michael A. Hayden, Ballinasloe Henry A. Wynne, Cork

Examination Results. AT the Preliminary Examination for persons seeking to be bound as apprentices to Solicitors, held upon the 2nd and 3rd days of January, the following passed the examina tion, and their names are arranged in order of merit :— 1. Terence Byrne, Junr. 2. John O'Dwyer.

3. Robert A. Macaulay. 4. John P. MacGovern. 5. Arthur P. Orr. 6. William J. Norman.

John Cottrell passed the modified Pre liminary Examination, for which he had

liberty to present himself. Nine candidates attended two were postponed.

seven passed,