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108
The Gazette of the Incorporated Law Society of Ireland.
[APRIL, 1908
Council of this Society adhere to the opinion
expressed in my letter of the 22nd January
last, and to the suggestion contained therein
that matters should remain as heretofore.
I remain, yours faithfully,
W. G. WAKELY,
Secretary.
Henry Hanna, Esq., Hon. Secretary
Bar Council, Law Library, Four
Courts.
The attention of the Council of the Society
has been called to the case of
In re Harrison
(L. R. Ch. [1908], i, p. 282), in which Mr.
Justice Parker decided
that Bar
rules or
etiquette cannot be relied on by a solicitor
in the taxation of his costs.
Bankruptcy Regulations.
THE Council, having considered the Regula
tions of the 20th December, 1907, dealing
with the costs on sales of mortgaged property,
and also with
the costs of adjournments,
adopted the following resolutions:—
RESOLVED—The Council of the Incorporated
Law Society of Ireland are of opinion that the
regulations of the 2oth December, 1907, as to
costs on sales of mortgaged property, which
direct that the costs, charges, and expenses of
the assignees (representing as they do the bank
rupt mortgagor) are to have priority, and are
to be paid out of the proceeds of the sale of
mortgaged property in priority to the claim of
the mortgagee, are wrong in principle and are
unfair to mortgagees.
That no such right of preference is given to
an owner or mortgagor in any division of the
High Court in a sale at the instance of a
mortgagee.
That whilst the Council is fully satisfied that
no unfair order would be made by the Court,
they are of opinion that the existence of the
regulations would have a deterrent effect upon
mortgagees desirous of realizing through the
Court, and would also seriously affect the use
fulness of the Court, and prevent the rapid
realization of bankrupts' estates subject to
charges.
COSTS OF ADJOURNMENT.
The Council are further of opinion that the
regulation of the 2oth December, 1907,
in
reference to costs of adjournments, is unreason
able, and places solicitors
in an invidious
position before their clients and the public.
The Court has full jurisdiction to refuse an
application for an adjournment, but when it
sees fit to grant an adjournment, the solicitor,
acting in the interest of his client, and by his
direction, should not be obliged to.ask for
costs.
The Council are of opinion that adjourn
ments, especially in arrangement matters, are,
generally speaking, unavoidable.
The Council are of opinion that, as in the
past, the question of the costs of an adjourn
ment should remain with the Taxing Master,
subject to any special order the Court may be
pleased to make.
The Council would respectfully submit that
in any event the regulation as to the costs of
an adjournment should be confined to a case
in which they would be payable out of a fund
under the control of the Court.
The Council respectfully urge upon His
Lordship, Mr. Justice Boyd, to rescind both
of the regulations referred to in the foregoing
resolution.
Upon the loth March Mr. Justice Boyd
received a deputation from the Council, con
sisting of Mr. Lyster (President), Mr. Collins
(Vice-President), Sir George Roche, Sir A. F.
Baker, and Mr. Henry, accompanied by the
Secretary, when the foregoing resolutions were
submitted to His Lordship, and the deputation
put. forward further reasons in support of the
request of the Council that the regulations of
the 20th December, 1907, shouW be rescinded.
His Lordship intimated that the subject would
receive his careful consideration.
The following letter has been received by
the Secretary:—
"FouR COURTS, DUBLIN,
"
^•$rd March,
1908.
" SIR,—I beg to enclose herewith a copy of
an order made by Mr. Justice Boyd in reference
to the matters brought before His Lordship by
the Incorporated Law Society on the roth
March inst.
" Yours faithfully,
" R. G. DANIELL,
Regr.
"
The Secretary,
" Incorporated Law Society,
" Four Courts,"