103 / 110
APKIL, 1913|
The Gazette of the Incorporated Law Society .of Ireland.
115
Section 53 of the Solicitors (Ireland) Act,
1898, against the defendant for that he did
illegally and improperly wilfully and falsely
pretend to be a Solicitor, and did take and
assume the name and title and addition of
one L. J. Hobson, an unknown person, in a
certain application for debt, viz. :
the sum
of ten shillings to one Bridget Boyle, a
creditor of the said defendant, he therein
claimed the sum of 2s. 6d. costs of said
application on the 9th day of December,
1912, thereby implying that he was at said
date a practising Solicitor duly qualified to
act as a Solicitor, contrary to the provisions
of the 53rd Section of the Solicitors (Ireland)
Act, 1898, and the other Acts incorporated
therewith.
The facts of the case were that one, Mrs.
Boyle, being indebted to the Defendant in the
sum of ten shillings, the Defendant sent to
her, by post, a demand for payment on a
blue form in print and manuscript, purporting
to be signed by " L. J. Hobson. Solicitor,"
there being in reality no such Solicitor on
the Roll of Solicitors in Ireland. The notice
was in the following terms :—
Preliminary Notice for Payment of Debt.
To
Mrs. Boyle, Wood Quay.
Notice is hereby given, that unless the sum
of
ten shillings
due from you to
T. Naughton,
with 2s. 6d. costs,
be paid within
eight
days
from the date hereof, an action at Law will be
commenced against you for the recovery of the
said sum, together with all expenses connected
therewith.
It is to be hoped you will deem it
prudent to pay within the time specified, and
thereby avoid the expenses to which you will
otherwise be liable.
Dated this
9
day of
Deer., 1912.
L. J. Hobson,
Solicitor.
Mr. P. J. B. Daly, Solicitor, appeared for
the complainants ;
Mr. Blake, Solicitor) of
the firm Blake and Kenny), appeared for the
defendant, and pleaded guilty on his behalf,
and urged, in mitigation, that the defendant
was not aware that he was infringing the law
in sending the document.
The Bench, under
the
circumstances,
imposed a fine of half-a-crown and awarded
two guineas costs against the defendant.
KING'S BENCH DIVISION.
Before Palles, L.C.B., Kenny & Wright, JJ.
REX. (MANNING)
v.
E. G. SWIFTK, ESQ.
April
18,
25,
1910.—
Local Government—
Election—Charge of personation—Charge
dismissed—Sum awarded as compensa
tion to include costs
—
Consent of Solicitor
binds client
—
Further proceedings barred
—13
&
14
Vict., c.
69, <•. 96.
Held
(per Kenny and Wright, JJ., Palles,
L.C.B., dissenting) that the action of the
Solicitor amounted to a consent to accept the
summary compensation, and that it bound
the client under 13 & 14 Vict., c. 69, s. 96.
Cerliorari
to quash an order of E. G.
Swifte, Esq., Divisional Magistrate, made on
Feb. 5, 1910. Henry Manning was a voter on
the register of voters for the Rotunda Ward,
Dublin. On Feb. 4 there was an election for
a town councillor for the ward, and Manning
attended the booth to vote, and was given in
charge by Thos. Joyce, the personation agent
of Patrick Shortall, one of the candidates, on
the ground that he was personating some
person else, and was not the person whose
name was on the register. The magistrates
dismissed the charge on the ground that the
man was entitled to vote.
It was pointed out
to the magistrate by the Solicitor for the
returning officer, who had signed the charge
sheet, that Mr. Swifte had power to award
compensation under 13 & 14 Vict., c. 69,
s. 96, and Mr. Swifte proposed to give
£5.
Manning's Solicitor (Mr. J. Brady) said if any
penalty were to be awarded it should be the
maximum under the Act, and Mr. Swifte
dismissed the charge with " £10 compensa
tion, to include costs." Manning was not
asked by the magistrate if he would consent
to accept such compensation, and neither he
nor his Solicitor expressly consented, nor
had the Solicitor any express authority to
consent. Some days afterwards proceedings
were instituted for damages for false arrest
and imprisonment and malicious prosecution
against the parties who had so prosecuted
him, and a copy of the magistrate's order was
served on Manning's Solicitor as a bar to his
taking any further proceedings.
It was now
sought to have the said order, so far as it
related to the award of £10 to Manning by
way of damages and costs, quashed oh
certiorar!
as being made without and in excess