The Gazette 1933-36

The Gazette of the Incorporated Law Society of Ireland.

JULY, 1934]

11

CIRCUIT COURT COSTS. The case of " McKenna v. Ledwidge," heard in the Dublin Circuit Court, was one of ejectment for overholding. The premises were held under a weekly tenancy at the weekly rent of £1 11s. Od. On taxation of Plaintiff's Bill of Costs of ejectment and an application for summary judgment, the County Registrar disallowed charges for attending to fib Civil Bill, drawing affidavit of Plaintiff to groundmotion for sum– mary judgment, attending to file ; affidavit of service of Notice to Quit, attending to file same ; attending to file Notice of Motion for Summary Judgment ; perusing affidavit of Defendant ; drawing affidavit of Plaintiff in reply, attending to file ; attending to file Notice of Trial ; perusing notice to produce ; attending to file costs. Plaintiff applied to the Court to vary or set aside the dis– allowances, and that the charges be allowed Plaintiff as reasonable and proper and in accordance with Scale of Fees in the Third Schedule to the Rules of the Circuit Court, and particularly in Parts III. and X. thereof ; or, in the alternative, that same be referred back to the County Registrar for review. The application came before Judge Davitt on the 17th May, 1934, when the following judgment was delivered : " This came before me by way of appeal from the taxation of the County Registrar in taxing a Bill of Costs (Plaintiff's bill) in ejectment for overholding. The point at issue really amounts to this : that the County Registrar disallowed certain items in that bill which were charged, not under the scale actually relating to Ejectments for Overholding, but from the Miscellaneous Costs Scale. These items mainly consist of attendances to file documents and to serve documents, and the point really at issue is : as to whether the scales under Schedule III. of the Rules under various headings like ' Costs of Action,' ' Contract, Costs of Action,' ' Tort, and Costs of Ejectment Proceedings,' are intended to be exhaustive or not. There is very little to go on in the interpretation of the Rules in this point, and I have given my best consideration to it, and have come to the conclusion that these Schedules of Costs are intended to be exhaustive, and in their case resort should not be had to the Miscellaneous Costs Schedule for the purpose of increasing costs. I cannot go further than that. I agree with the County Registrar in the whole of his taxation."

INTERMEDIATE EXAMINATION RESULT At the Intermediate Examination held on 2nd June, the following passed the examina– tion : PASSED WITH MERIT. 1. Matthew Purcell. 2. Desmond L. McAllister. 3. Patrick Fitzgibbon.

4. Myles P. Gavagan. 5. Liam J. Lysaght. 6. Thomas J. Kirwan. 7. Margaret Carey. 8. John D. Guinan. 9. Emily M. J. Cosgreave. 10. Lucas O'Dubhghaill. 11. Edward E. Emerson. 12. George P. Andrews. 13. Richard O'Brien, Jim. PASSED. George C. V. Brittain.

John E. G. Byrne. Daniel J. Carbery. John B. Farrell. Shane P. Flynn. William Fry. John J. G. Gilmartin. James R. C. Green. Joseph G. Groarke. Leonard Hayden. James P. Hegarty. Raymond G. Kenny.

Ernest 0. Knapp. Joseph S. Martin. Patrick T. Monahan. William B. Montgomery.. Patrick J. Mulcahy. Brian S. Murphy. James W. A. M. McCabev Patrick J. Neilan, Jun. Edward J. O'Brien. Caoimhghin A. R. O'Cuinn.. Francis A. J. O'Hare. James Rowlette. Brian P. G. Taylor. Patrick J. Walsh. Esmonde T. White. Benjamin J. deB. Whyte. Forty-eight candidates attended :

forty-

one passed ; seven failed.

ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin, N.W.8.