The Gazette 1912-13

APKIL, 1913|

The Gazette of the Incorporated Law Society .of Ireland.

115

Section 53 of the Solicitors (Ireland) Act, 1898, against the defendant for that he did illegally and improperly wilfully and falsely pretend to be a Solicitor, and did take and assume the name and title and addition of one L. J. Hobson, an unknown person, in a certain application for debt, viz. : the sum of ten shillings to one Bridget Boyle, a creditor of the said defendant, he therein claimed the sum of 2s. 6d. costs of said application on the 9th day of December, 1912, thereby implying that he was at said date a practising Solicitor duly qualified to act as a Solicitor, contrary to the provisions of the 53rd Section of the Solicitors (Ireland) Act, 1898, and the other Acts incorporated therewith. The facts of the case were that one, Mrs. Boyle, being indebted to the Defendant in the sum of ten shillings, the Defendant sent to her, by post, a demand for payment on a blue form in print and manuscript, purporting to be signed by " L. J. Hobson. Solicitor," there being in reality no such Solicitor on the Roll of Solicitors in Ireland. The notice was in the following terms :— Preliminary Notice for Payment of Debt. To Mrs. Boyle, Wood Quay. Notice is hereby given, that unless the sum of ten shillings due from you to T. Naughton, with 2s. 6d. costs, be paid within eight days from the date hereof, an action at Law will be commenced against you for the recovery of the said sum, together with all expenses connected therewith. It is to be hoped you will deem it prudent to pay within the time specified, and thereby avoid the expenses to which you will otherwise be liable. Dated this 9 day of Deer., 1912. L. J. Hobson, Solicitor. Mr. P. J. B. Daly, Solicitor, appeared for the complainants ; Mr. Blake, Solicitor) of the firm Blake and Kenny), appeared for the defendant, and pleaded guilty on his behalf, and urged, in mitigation, that the defendant was not aware that he was infringing the law in sending the document. The Bench, under the circumstances, imposed a fine of half-a-crown and awarded two guineas costs against the defendant.

KING'S BENCH DIVISION. Before Palles, L.C.B., Kenny & Wright, JJ. REX. (MANNING) v. E. G. SWIFTK, ESQ. April 18, 25, 1910.— Local Government— Election—Charge of personation—Charge dismissed—Sum awarded as compensa tion to include costs — Consent of Solicitor binds client — Further proceedings barred —13 & 14 Vict., c. 69, <•. 96. Held (per Kenny and Wright, JJ., Palles, L.C.B., dissenting) that the action of the Solicitor amounted to a consent to accept the summary compensation, and that it bound the client under 13 & 14 Vict., c. 69, s. 96. Cerliorari to quash an order of E. G. Swifte, Esq., Divisional Magistrate, made on Feb. 5, 1910. Henry Manning was a voter on the register of voters for the Rotunda Ward, Dublin. On Feb. 4 there was an election for a town councillor for the ward, and Manning attended the booth to vote, and was given in charge by Thos. Joyce, the personation agent of Patrick Shortall, one of the candidates, on the ground that he was personating some person else, and was not the person whose name was on the register. The magistrates dismissed the charge on the ground that the man was entitled to vote. It was pointed out to the magistrate by the Solicitor for the returning officer, who had signed the charge sheet, that Mr. Swifte had power to award compensation under 13 & 14 Vict., c. 69, s. 96, and Mr. Swifte proposed to give £5. Manning's Solicitor (Mr. J. Brady) said if any penalty were to be awarded it should be the maximum under the Act, and Mr. Swifte dismissed the charge with " £10 compensa tion, to include costs." Manning was not asked by the magistrate if he would consent to accept such compensation, and neither he nor his Solicitor expressly consented, nor had the Solicitor any express authority to consent. Some days afterwards proceedings were instituted for damages for false arrest and imprisonment and malicious prosecution against the parties who had so prosecuted him, and a copy of the magistrate's order was served on Manning's Solicitor as a bar to his taking any further proceedings. It was now sought to have the said order, so far as it related to the award of £10 to Manning by way of damages and costs, quashed oh certiorar! as being made without and in excess

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