The Gazette 1913-14

The Gazette of the Incorporated Law Society of Ireland.

MAY, 1913]

to hear the said Atwell Hayes Alien as Solicitor in certain cases, and " in all such other cases and causes in the future as he the said Atwell Hayes Alien may appear before them, or any of them, as Solicitor for or on behalf of his clients in such cases and causes." On Feb. 10, 1913, Alien, a duly qualified Solicitor, was engaged professionally in a case at Queenstown Petty Sessions. During the hearing of the case Alien made certain remarks to which the Justices objected, and which they asked him to withdraw. He refused to withdraw them. The Justices then declined to hear him further as Solicitor, and requested him to leave the Court : he left the Court. On Feb. 11, 1913, the following letter was addressed to the Justices attending the Queenstown Sessions Court : " Court– house, Queenstown, Feb. 11, 1913. Dear Sir, I have been directed by the Justices sitting at Queenstown Petty Sessions on 10th to request that you will be good enough to attend a meeting of the magistrates of this Petty Sessions District to be held in the Courthouse at 10.30 a.m., on Wednesday, 12th instant, for the purpose of discussing the action of Mr. Alien, Solicitor, in making certain improper observations towards the Bench of Magistrates assembled here on Monday last and the magistrates of the district generally. I am, sir, your obedient servant, F. St. M. Heney, C,P.S." The Justices attended a meeting on Wednesday, Feb. 12, and passed a resolution that they would not allow Mr. Alien to practise as a Solicitor at the Queenstown Petty Sessions until he withdrew the statement he had made. On Feb. 17, 1913, Alien was engaged pro– fessionally at Queenstown Petty Sessions. He claimed the right to address the Court, but the Justices present refused to hear him, and he withdrew from the Court. Palles, L.C.B., in giving judgment, said that for Justices, jn face of 14 & 15 Vict., c. 93, s. 9, to say that they could exclude a Solicitor from the Court generally in futuro was unjustifiable. The form of the mandamus in the conditional order was in too general terms. The Court would grant a mandamus. KENNY, J., concurred. The. material portion of the order made by the Court was as follows: And on Counsel for the prosecutor applying that the conditional

services rendered to me by Thos. W. Wright and Chas. T. Kennedy, do charge in favour of said (plaintiffs) . . : the hereditaments . . . with the principal sum of £50 repay– able on demand, together with interest thereon at the rate of £4 per cent, per ann. ..." The defendant in her affidavit denied that she had ever been furnished with particulars of the costs, or that she had been furnished with a bill of costs on Feb. 22, 1909, and she accordingly moved for an order that the plaintiffs should deliver to her full and detailed particulars of their bills of costs for which the said deed of charge was given, and for an account. The Court made the following order : " It is ordered that it be referred to Chambers to take the following account viz., an account of what sum is due to the plaintiffs for principal and interest on foot of the deed of charge, dated Feb. 22, 1909 (&c.), and it is further ordered that the Chief Clerk in taking said account is to have regard to s. 4 of the Solicitors Act, 1870, and to ascertain if any agreement has been entered into between the plaintiffs and the defendant, and it is further ordered that in case there is any such agree– ment the Chief Clerk be at liberty to refer it to one of the Taxing Masters to determine whether such agreement is fair and reasonable." (Reported I.L.T.R., Vol. 47, p 95). KING'S BENCH DIVISION. (Before Palles, L.C.B., and Kenny, J.) REX (ALLEN) v. JUSTICES OF Co. CORK. April 17, 1913. Justices—Practising Solici tor—Refusal to hear Mandamus Form of writ—U & 15 Vict., c. 93, s. 9. A Solicitor, during the hearing of his case at Petty Sessions, made remarks to which the Justices objected. On his refusal to with– draw the remarks the Justices refused to hear him further. At the next Petty Sessions the Justices refused to allow him to address the Court: Held, mandamus lies to command the Justices to admit and hear a Solicitor engaged in a case before them. Application to make absolute a conditional order of mandamus, dated Feb. 24, 1913, directing the Justices who presided at Queenstown Petty Sessions, on Feb. 17, 1913,