The Gazette 1914-15

MARCH, 1915]

The Gazette of the Incorporated Law Society of Ireland.

97

" (3) That the sending of letters, circulars or circular letters by a Solicitor to persons other than their clients, offering to do business, is unprofessional. " (4) That the sending of lists of Sessions to clients or to members of the Solicitors' Profession is not unprofessional." Recent Decision affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) , HIGH COURT OF JUSTICE. KING'S BENCH DIVISION. Costs under Courts (Emergency Powers) Act, 1914. Watson and Co. (Belfast) v. Joyce. (Before Gibson, Kenny, and Molony, J.J.) THIS was an appeal brought at the request of the Council of the Society, to the Divisional Court from an order of Mr. Justice Boyd refusing costs against the Defendant on a summons brought for liberty to issue execu tion under the Courts (Emergency Powers) Act in respect of a judgment for £42 obtained against the defendant, who did not appear. The Judge had refused to allow costs, stating that he did so in accordance with the practice settled by the Judges not to allow plaintiffs any costs of such summonses as against defendants. It was contended on behalf of the plaintiff that the Judge had acted on a wrong principle in so refusing to allow costs. Mr. Justice Gibson, in giving judgment, said that hitherto the practice the Judges had acted upon was the view that the legisla tion being founded on a financial crisis arising out of the calamity of the.war, the extra expense resulting from the statutory protec tion might fairly in ordinary circumstances be treated as a loss, to be borne by the creditor where the defendant did not appear, and thus got no benefit from the statute. It was contended on behalf of the plaintiffs that the costs of any new procedure required to enforce a judgment should be paid by the debtor, whose non-payment of the judgment, in respect of which he could not, or did not, claim the statutory protection, made the summons necessary. This contention, in the

opinion of the Court, was of much weight. In England it was the practice to allow costs in such cases—a fixed sum, applicable to normal cases, having been settled, so as to save taxation. The Court, having regard to the English practice and the rules under the statute, was of opinion that in the type of case before them costs should be allowed, subject, of course, to the Irish Judicature Rules regulating and limiting costs. The practice in future, therefore, would be to allow, as the case might be, in default of appearance full costs at the rate of £1 10s., and half costs at the rate of 15s. These costs did not contemplate the employment of Counsel, nor was it intended to restrict the discretion of the Judge when he might think fit in the particular circumstances to refuse or increase costs as the case might be.

New Solicitors. ADMISSIONS DURING FEBRUARY, 1915. Served Apprenticeship to Na

Cox, Arthur C. J.

..

Francis J Scallan, Dub lin.

Keuiian, John Joseph

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Daniel

X.

Keenan,

Monag'han.

Masfec, Robert S. ... William P. Moody, Stra- bane : Slack, Robert E. Milliard Mm I hew J. Byrne, Li.-s- towel. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin. THE GAZETTE will accept advertisements for sale and purchase of property, loans, securities offered, and money for investments on mort gages, partnerships, clerkships, and generally such advertisements as would be of service to the members of the Society and the Profession. Communications as to advertisements should be addressed to Messrs. Hely's Limited, 28 Dame Street, Dnblin.