63 / 110
DECEMBER, 1912. j
The Gazette of the Incorporated Law Society of Ireland.
69
ture, yet the tender of conduct money to the
witnesses at the time when the
subpoenas
were served was not justifiable.
I am quite
satisfied, however, that no sufficient reason
existed for withholding from the persons
served the full amount of conduct money and
travelling expenses, and I, therefore, over
rule the objection. With regard to the other
objection, as to the charge for preparing the
brief, there is no evidence that the Taxing
Master has exercised his discretion on a wrong
principle. The Taxing Master is a Taxing
Master of experience ; he had before him the
brief and the full particulars of the in
vestigations which were made, the letters
which were written, and the inquiries which
were instituted. These and other elements
were present to the mind of the Taxing
Master, and in perusing the brief and instruc
tions he was able to form an opinion as to
what was a reasonable and proper fee to be
allowed.
I do not think there is any question
of principle involved, it is merely a question
of amount. A well-established rule prevents
me from criticising or
reconsidering
the
amount, though I may say. that, personally,
I see nothing excessive in it having regard to
the difficulties which have been encountered.
I, therefore, dismiss the summons with costs.
(Reported
The Solicitors' Journal,
Vol. 57,
page 97.)
Labourers (Ireland) Order, 1912.
(Before His Honour Judge Orr, K.C.)
Hayes and Pinkerton v. Ballymoney Rural
District Council.
November 2, 1912.—
Labourers Acts costs-
Furnishing title upon behalf of a judicial
tenant who had entered into a purchase
agreement.
LABOURERS (IRELAND) ORDER, 1912.
THIS was a Civil Bill brought by John Hayes,
farmer, and John W. Pinkerton, solicitor,
against
the Ballymoney Rural District
Council to recover
£2
2s. Od. for costs of
furnishing title to a plot of ground, being
portion of a holding of which the Plaintiff,
John Hayes, was a judicial tenant, and for
the purchase of which, under the Irish Land
Act, 1903, he had entered into an agreement,
and which plot had been acquired by the
Defendants under the Labourers (Ireland)
Acts.
The District Council having, with the
consent of John Hayes, the Plaintiff, gone
into possession of the plot, sought permission
from the Local Government Board to pay to
Mr. Pinkerton, the Solicitor for John Hayes,
the fee of two guineas, being the fee fixed by
Rule 52 (8) of the Labourers (Ireland) Order,
1912, as payable at the option of the Solicitor
for an owner or lessee for deducing title to
lands taken under the Labourers Acts, where,
the purchase money does not exceed £60.
The District Council were of opinion, having
regard to the decision in
Proctor v. Lirnavady
Rural District Council
(reported in GAZETTE
of April, 1912, page 125), that the Solicitor
for John Hayes was entitled to be paid by
the District Council the fee of two guineas
for the title furnished by him to the Solicitor
of
the District Council, but
the Local
Government Board refused the permission
sought. The District Council then suggested
that Civil Bill proceedings should be insti
tuted against them for the fee.
Mr. Pinkerton, Solicitor, appeared upon
behalf of himself and of John Hayes, and
relied upon the decision of Mr. Justice Dodd
in the case of
Proctor
v.
Limavady Rural
District Council.
Mr. Greer, Solicitor for the Defendants,
stated that he and his clients did not consider
the amount of the Plaintiffs' claim un
reasonable.
His Honour granted a decree for £2 2s. Od.,
and said the Local Government Board should
waken up to the fact that 42 years ago an
Act
of
Parliament was
passed which
legalised the Ulster Custom, with the result
that the title of occupying tenants was just
as good as that of the landlords.
It was
perfectly absurd to say that a tenant was
nothing more than an occupier.
Additions to the Library.
THE following Books have been added to the*
Library from August to November, 1912,
inclusive :—
Annual Practice.
The Annual Practice, 1913.
By J. B.
Matthews, R. White, and F. A. Stringer.
8vo ;
London,
1912.