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The Gazette of the Incorporated Law Society of Ireland,
[JULY, 1910
1876, and practised at Carrick-on-Suir up to
the year 1891, when he retired.
Legal Appointments.
MR. JAMES G. FRANKS, Solicitor, Dublin, has
been appointed an Examiner to the Irish
Land Commission.
Mr. Franks was admitted in Hilary Sittings,
1901, and practised at 18 Stephen's Green,
Dublin.
The Lord Lieutenant has appointed Mr.
Patrick S. Brady, Solicitor, to be a Resident
Magistrate for the County of Galway, under
the provisions of the Act Wm. IV., Cap. 13.
Mr. Brady was admitted a Solicitor in
Hilary Sittings,
1901,
and practised at
Belfast.
The Lord Lieutenant has appointed Mr.
Joseph Carroll, Solicitor, to be a Resident
Magistrate under the provisions of the Act
Wm. IV., Cap. 13.
Mr. Carroll was admitted a Solicitor in
Hilary Sittings, 1891, and practised at Newry.
Mr. William J. Dunlea, LX.D., Solicitor, has
been appointed Professor of Law of Contracts,
of Personal Property and of Torts, to the
University College, Cork.
Mr. Dunlea obtained the Findlater Scholar
ship, and was admitted in Trinity Sittings,
1888, and practises at 59 South Mall, Cork.
Commissioners to Administer Oaths.
THE Lord Chancellor has appointed
the
following to be Commissioners to administer
Oaths :—
Edmund W. Kelly, Clerk of Petty
Sessions, Kilkelly, Co. Mayo.
Edmond Moore, Solicitor's Assistant,
Tralee.
Recent Decision affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors, are
invited from Members.)
CHANCERY DIVISION, LAND JUDGES.
(Before Ross, J.)
ESTATE OF ASSIGNEES OF PILKINGTON.
July
4, 1910.—
Costs of sale—Apportionment
over lots for sale.
AN application was made by Mr. James
Robinson, Solicitor, one of the trustees of
the Will of Mr. Archibald Robinson, senior,
deceased, for directions as to the apportion
ment of the costs of the proceedings for sale
in this matter, the estate being an insolvent
one.
Mr. Robinson stated that the property
consisted of houses and premises situate in
Dublin and Wicklow, on portion of which
the executors of the late Mr. Archibald
Robinson had a charge, and the petitioner
and other incumbrancers had
puisne
charges
on the portion affected by the executors'
mortgage as well as on other portions of the
property not affected by such mortgage.
The premises were put up for sale in Novem
ber last, the property being divided into
25 lots, some of which were then sold, others
having since been sold and the residue still
remaining unsold.
The Solicitors having carriage estimated
the value of the premises subject to the
Robinson Mortgage,
including
in
such
estimate the value of the unsold lots affected
thereby, at something over £2,500, and the
value of the premises not affected by this
mortgage at about £1,000, and on this basis
proposed that about 25-35ths of the costs
should be paid out of the proceeds of the sale
of the premises subject to the executors'
mortgage, and the remaining 10-35ths out
of
the proceeds of the sale of the other
properties. Mr. Robinson objected to this
mode of apportioning the costs, pointing out
that assuming the work in connection with
each of the lots was equal, as his mortgage
only affected 12 out of 25 lots, the property
thereby affected should bear less than half
the costs. He also stated that there were
various applications from time to time during
the proceedings for sale (the costs of which
were included in the petitioner's costs) which
related exclusively to property not affected
by his mortgage, and consequently it would
be inequitable to apportion the costs as
suggested, and he also pointed out that if
the costs were apportioned according to the
annual rental, he would only have to bear
22-50ths instead of upwards of two-thirds of
the costs, as proposed by the Solicitors having
carriage, and contended that the costs should
be segregated as between the various lots,
having regard to the work necessary
in
connection with same.