The Gazette 1913-14

NOVEMBER, 1913.) The Gazette of the Incorporated Law Society of Ireland.

53

reasonably be taxable as between part}' and party. It then deals with cases in which special allowances are to be made, and pro vides with regard to charges of such a nature that they could not be taxed or recovered as between party and party ; that such costs should in no case be allowed iii whole or in part unless incurred at the special previous request of the client, signified in writing. That deals with a previous request for the incurring of these charges. The second limb deals with the ratification after the charges have been incurred and before taxation, and then follow these words :—" And it shall distinctly appear, &c." I think it is a very debatable question whether or not this last condition applies to both the limbs of the rule which immediately precede. I do not wish to give a definite opinion about that, but as at present advised I rather think Mr. Wylie is right in arguing that these words apply to the subsequent ratification before taxation, and do not govern the first limb of the rule. I base my concurrence with my bi other Boyd, however, on this, that no matter whether there is a previous request or a subsequent ratification there is a subsequent direction in the rule that these charges can only be allowed if and so far as the Taxing Master shall consider it just and proper to allow the same. When the client makes a special re quest he must be taken to qualify the autho rity given, as if he said :—" Although I give you this authority the Taxing Master must say it was just and proper to incur these ex penses, and accordingly the justice and pro priety must come before the Taxing Master." Mr. Wylie contends that the Taxing Master has not exercised his discretion because he has disallowed these charges as a whole, but it seems to me there is a discretion which he may exercise in whole or part, and when the Taxing Master conies to the conclusion that they are not to be allowed it would be an extreme thing for us to say that he has not exercised his discretion properly. The rule is a very strong one indeed. At the end it goes on to provide that no costs shall be "taxed or allowed as between solicitor and client save under and in accordance with the rules of this Order. I think the Taxing Master has exercised his discretion. It has been ad mitted by Mr. Wylie that he has a discretion. He has exercised it according to his lights. 1

thinx: the application should be refused with costs. (Reported J.L.T.K. Vol. XLVI1., p. 208).

Solicitors' Benevolent Association. A meeting of the Directors was held upon 29th October, Sir George Koche in the chair, and fifteen other Directors. present. The Secretary reported having received since last meeting the sum of £33 12s., making the total annual subscriptions received since 1st January last £505 19s. The Directors made grants amounting to £30, bringing (he amount expended in relief since 1st January up to £549 10s. The next meeting of the Directors will be held upon 3rd December. THE Annual Dinner of the County Tipperary and King's County (Birr Division) Sessional Bar Association was held on Thursday, 23rd October. There was a large attendance of members and their guests, while the invita tions of the President and Committee were also largely availed of. Mr. John O'Dwyer, Solicitor (Piesident), occupied the chair, haviiig on his right His Honour Judge Moore, K.C.; Dr. R. R. O'Brien, J.P. (representing the Southern Medical Association), and Major Colley, R.M. On the left of the Chairman were Mr. William Carrigan, K.C.; Mr. Wcldon Molony (Judge's Registrar), and County Inspector Langhorne, R.I.C. The attendance included—Messrs. H. T. Sayen, Solicitor; Lt.-Colonel Phillips, Beech- mount ; James Sealy, B.L.: Arnold Power, Solr., S.S. ; Allan H. Morgan, Solr. ; J. F. Quirke Solr. ; T. A. Stephenson, Solr.; Robert Kinahan, B.L. ; J. P. Kenny, B.L. ; P. E. Moynan, County Surveyor, Nenagh; Dr. Laffan Cashel (Southern Medical Asso ciation) ; R. Grove White B.L. ; J. A. Ronayne, B.L.; G. H. Sargint, Solr. ; R. B. Heuston, Solr.: J. J. O'Shee, Solr.; James O'Brien, Solr.; E. P. Bridge, Solr. ; E. Coffey, County Tipperary Bar Association. ANNUAL DINNER. ( Communicatedfor insertion .)