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24

The Gazette of the Incorporated Law Society of Ireland.

[JUNE, 1907

RECORDER'S COURT.

(Before the Recorder of Dublin.)

May nth, 1907.

Sheriff's Fees.—Dunm and Clancy

v.

Blood,

Findlater, & Co.

Seizure ofgoods the property of the Execution

Creditor.

THIS was an action for £3

gs. 6d.,

being fees

claimed by the Sheriff of Dublin against the

defendants as solicitors for an execution credi

tor in execution of a writ of

fi. fa.

and a writ

of ^delivery in a case of the

National Cash

Register Company, Limited,

v.

Nolan.

The de

fendants had lodged a writ

offi.fa

.

with the

sheriff for execution, and the

sheriff

informed

them that the debtor's wife, claimed the goods

on the premises, but that the bailiff had seized

a cash register, which he was advertising for

sale. Defendants cautioned the sheriff against

selling the cash register, which was the pro

perty of the execution creditor, same being in

debtor's possession under a hire-purchase

agreement, and called upon the sheriff to make

his return, as they were applying for a writ of

delivery. The return to the_/f. _/a. was one of

"nullabona," "wife claims," and the writ of

delivery was lodged with the sheriff, who de

livered the cash register under same. The

sheriff claimed

£2 6s.,

poundage fees and

expenses on execution of the writ of

fi. fa.,

in

addition to

£i i,s. 6d.

fees for execution of the

writ of delivery. The latter fees were admitted

as payable, and same were tendered and lodged

in Court:

Held,

that the sheriff had not seized any

goods of the judgment debtor, the cash register

having been the execution creditor's own pro

perty, and the sheriff accordingly was not

entitled to fees in respect of such seizure, but

was entitled only to the fees payable under the

writ of delivery.

Annual Certificate Duty.

THE following appears in the Parliamentary

papers of the isth May, 1907:—

Q. Mr. O'Doherty,—To ask Mr. Chancellor

of the Exchequer, if he can say whether he

has received a copy of a resolution from the

Northern Law Society in Ireland protesting

against the continuance of the licence duty

payable by solicitors in Ireland ;

if so, whether

it is his intention to abolish this tax ; and, if

not, why.

\_\^th May,

1907.]

Q. Mr. O'Doherty,—To ask Mr. Chancellor

of the Exchequer, if he can say whether he

has received a memorial from the Council of

the Incorporated Law Society of Ireland, pray

ing that the annual duties payable by solicitors

in Ireland, under the provisions of the Stamp

Act of 1891, be abolished from and after the

5th day of January, 1908 ; and whether he

proposes to take steps to do

so. [_i^.th May,

1907.]

Q. Mr. Vincent Kennedy, — To ask Mr.

Chancellor of the Exchequer, if his attention

has been called

to a resolution from

the

Northern Law Society of Ireland praying for

the abolition of the licence duty payable by

solicitors; and, if so, will he consider the

advisability of removing this tax, which is not

paid by any other profession.

[14^

May,

1907.]

A.

Mr. Asquith. —

I have

received

the

memorial and the resolution referred to, and

I have given careful consideration to the argu

ments advanced in favour of the abolition of

this licence duty.

Nothing has, however, been urged against

the duty which is not in my opinion equally

applicable to 'many other licence duties of a

more or less similar character, nor is there any

sufficient reason for treating Ireland differently

as regards this matter from other portions of

the United Kingdom.

I do not, therefore, see my way to taking

any steps unless and until an opportunity

arises of revising local taxation licences as

a whole.

[15^/2

May,

1907.]

Workmen's Compensation Act, 1906.

ATTENTION is directed to the following para

graphs of sections 16 and 13 of this Act, which

extends the liability of employers to

(inter alia)

those engaged in clerical work :—

Section 16. (i) This Act shall come into

operation on the first day of July, nineteen

hundred and seven, but, except so far as it

relates to references to medical referees, and