The Gazette 1913-14

[FEBRUARY, 1914

The Gazette of the Incorporated Law Society of Ireland.

86

remuneration a proportion of the profits of business introduced by him to the solicitor, and if that were the construction to be placed on the agreement it could not be impeached. He agreed, however, that in the present case the arrangement was clearly one under which the business of an unqualified person was to be carried on by a solicitor, and was accordingly illegal under Section 32 of the Solicitors Act, 1843. The result was that- the evidence of the agreement ought not to have been admitted, and there must be a new trial. (Reported The Times Law Reports, Vol. XXX., p. 24(5.) COUNTY COURT OF TIPPERARY. (Before HIS HONOUR JUDGE MOORE.) WAKELY v. TOPPIX. Jan. 27, 1914.— Auctioneer acting as a con veyancer for remuneration— 27 Victoria, Cap. 8, penalty. This was a civil bill brought in the name of the Secretary of the Incorporated Law Society to recover a penalty of £20 from Mr. William Toppin, Auctioneer, of Fethard, Co. Tipperary, under the provisions of 27 Victoria, Cap. 8, for having acted as a conveyancer for remuneration. In February, 1913, the defendant sold by public auction at Clonmel the farm of George Richardson for £200 to Michael Bates ; Mr. T. F. 6'Brien, solicitor, acted for the purchaser. The Vendor had no solicitor acting for him, the conditions of sale being prepared by the defendant. Mr. O'Brien sent the requisitions on title to the vendor, and received them back from the defendant, the replies being in the handwriting of the defendant. Mr. O'Brien sent a draft declara tion and the draft conveyance to the defen dant as agent of the vendor, and received them back from him approved ; the declara tion being altered by the defendant. There was delay in completing the transfer owing j to an administration having to be taken out, and in consequence of the delay a half-year's annuity became due on the farm and had to be paid by the vendor, and the defendant then insisted on the purchaser paying two guineas approval fee on the conveyance as provided by the conditions of sale, and this

two guineas was paid by Mr. O'Brien to the defendant, who gave a receipt for it. For the defence, evidence was given that the defendant gave credit to his client, the vendor, for the two guineas, and that the vendor declined to employ a solicitor in the matter. His Honour expressed the opinion that even if the defendant never got the two guineas, the getting by him of commission on the sale on the understanding that the Vendor would have no legal charges to pay, would attract business, and would constitute " fee, gain or reward," he gave a decree for a penalty of ten pounds, stating he was of opinion that defendant had brought himself within the meaning of the. section. The Need of Official Shorthand Notes. The Times of 20th January states that in the course of the hearing in the Divisional Court of an appeal from a County Court, before Mr. Justice Lush and Mr. Justice Atkin, it appeared that no note had been taken by the Judge or by the counsel of the proceedings in the Court below, and that no note of any kind was available for the use of the Court. Mr. Justice Atkin said that this showed the importance of the question of the appointment of an official shorthand writer to every Court of Justice. If the proposal to enlarge the jurisdiction of the County Court was carried out the High Court would often be greatly embarrassed by the want '. of a proper record of what had taken place in the Court below. Results of Examinations AT the Preliminary Examination held upon the 8th and 9th days of January, the following passed the examination, and their names are arranged in order of merit:—

1. James J. Matthews. 2. John W. T. Callan. 3. Robert Moorhead.

4. Barry I. Sullivan. 5. William J. Clerke. The remaining candidates were postponed.