The Gazette 1912-13

69

The Gazette of the Incorporated Law Society of Ireland.

DECEMBER, 1912. j

The District Council having, with the consent of John Hayes, the Plaintiff, gone into possession of the plot, sought permission from the Local Government Board to pay to Mr. Pinkerton, the Solicitor for John Hayes, the fee of two guineas, being the fee fixed by Rule 52 (8) of the Labourers (Ireland) Order, 1912, as payable at the option of the Solicitor for an owner or lessee for deducing title to lands taken under the Labourers Acts, where, the purchase money does not exceed £60. The District Council were of opinion, having regard to the decision in Proctor v. Lirnavady Rural District Council (reported in GAZETTE of April, 1912, page 125), that the Solicitor for John Hayes was entitled to be paid by the District Council the fee of two guineas for the title furnished by him to the Solicitor of the District Council, but the Local Government Board refused the permission sought. The District Council then suggested that Civil Bill proceedings should be insti tuted against them for the fee. Mr. Pinkerton, Solicitor, appeared upon behalf of himself and of John Hayes, and relied upon the decision of Mr. Justice Dodd in the case of Proctor v. Limavady Rural District Council. Mr. Greer, Solicitor for the Defendants, stated that he and his clients did not consider the amount of the Plaintiffs' claim un reasonable. His Honour granted a decree for £2 2s. Od., and said the Local Government Board should waken up to the fact that 42 years ago an Act of Parliament was passed which legalised the Ulster Custom, with the result that the title of occupying tenants was just as good as that of the landlords. It was perfectly absurd to say that a tenant was nothing more than an occupier. Additions to the Library. THE following Books have been added to the* Library from August to November, 1912, inclusive :— Annual Practice. The Annual Practice, 1913. By J. B. Matthews, R. White, and F. A. Stringer. 8vo ; London, 1912.

ture, yet the tender of conduct money to the witnesses at the time when the subpoenas were served was not justifiable. I am quite satisfied, however, that no sufficient reason existed for withholding from the persons served the full amount of conduct money and travelling expenses, and I, therefore, over rule the objection. With regard to the other objection, as to the charge for preparing the brief, there is no evidence that the Taxing Master has exercised his discretion on a wrong principle. The Taxing Master is a Taxing Master of experience ; he had before him the brief and the full particulars of the in vestigations which were made, the letters which were written, and the inquiries which were instituted. These and other elements were present to the mind of the Taxing Master, and in perusing the brief and instruc tions he was able to form an opinion as to what was a reasonable and proper fee to be allowed. I do not think there is any question of principle involved, it is merely a question of amount. A well-established rule prevents me from criticising or reconsidering the amount, though I may say. that, personally, I see nothing excessive in it having regard to the difficulties which have been encountered. I, therefore, dismiss the summons with costs. (Reported The Solicitors' Journal, Vol. 57, page 97.) Labourers (Ireland) Order, 1912. (Before His Honour Judge Orr, K.C.) Hayes and Pinkerton v. Ballymoney Rural District Council. November 2, 1912.— Labourers Acts costs- Furnishing title upon behalf of a judicial tenant who had entered into a purchase agreement. LABOURERS (IRELAND) ORDER, 1912. THIS was a Civil Bill brought by John Hayes, farmer, and John W. Pinkerton, solicitor, against the Ballymoney Rural District Council to recover £2 2s. Od. for costs of furnishing title to a plot of ground, being portion of a holding of which the Plaintiff, John Hayes, was a judicial tenant, and for the purchase of which, under the Irish Land Act, 1903, he had entered into an agreement, and which plot had been acquired by the Defendants under the Labourers (Ireland) Acts.