38 / 116
The Gazette of the Incorporated La* Society of Ireland.
[JULY, 1907
one counsel is entitled to appear on behalf of
each party before a Commission appointed to
take the evidence of a witness.
It is entirely a
matter in the discretion of the Taxing Master,
and we will not interfere with his exercise of
that discretion. As regards the fee of £2
2s:
paid to counsel for attendance on the taxation
of the bill of costs, the Taxing Master had
no authority to allow such fee unless some
question of principle was involved on the tax
ation. The Taxing Master has not stated in
his report that any question of principle was
involved, and we can see none. We therefore
hold that such item must be disallowed."
Reported in I.L.T.R., Vol. XLI., p. 121.
KING'S BENCH DIVISION (ENGLAND).
(Before Darling and A. T. Lawrence, JJ.)
In re a Solicitor; ex parte Hales.
May 9, 1907.—
Undertaking
to pay money—
Receipt of money from client — Undertaking
to
third person — Enforcement — Summary
Order.
THE applicant, who was a solicitor, was owed
certain costs by a client, and the client re
tained the respondent, who was also a solicitor,
to apply for an order for the taxation of the
bill of costs. An order for taxation was made,
and the client, who was an undischarged bank
rupt, placed in the respondent's hands ^£150
to meet the amount of the bill.
The re
spondent wrote to the applicant stating that
the client had placed in his hands the full
amount of the bill, " so that on completion of
the taxation we shall be in a position to pay
the amount certified by the Master due to
you." The applicant, relying on the letter,
did not press on the taxation; and when, upon
the taxation being completed, he applied to
the respondent for payment of the amount
due,
the latter declined
to pay upon
the
ground that the client, who had died, was in
debted
to him for costs.
The applicant
applied for an order on the respondent to pay
the sum due.
Held,
that the letter written by the respon
dent to the plaintiff amounted to a personal
guarantee to pay the sum when found due out
of the money placed in his hands, and consti
tuted a declaration of trust, on the faith of
which the applicant altered his position, and
the Court would, by a summary order, enforce
payment of the amount by an officer of the
Court.
Reported in T.L.R., Vol. xxiu., p. 573.
' New Rules.
LOCAL REGISTRATION OF TITLE (IRELAND)
ACT, 1891.
THE following new rule under above Act was
published in the
Dublin Gazette
of i4th June,
1907 :—
"It is
this
day ordered by
the Right
Honourable Dodgson Hamilton Madden, one
of the Judges of the King's Bench Division of
the High Court of Justice in Ireland, and
nominated as an additional Land Judge for
the purposes of the Local Registration of Title
(Ireland) Act, 1891, with the approval of the
Right Honourable Sir Samuel Walker, Bart.,
Lord Chancellor of Ireland, that Rule 63 of
the Consolidated Rules of the 24th day of
August, 1896, be amended as follows, viz.:—
By omitting the following portions of the said
rule, namely, from the beginning down to and
including the words ' as he may direct.'
" Approved,
' D. H. MADDEN.
:
S. WALKER, C."
Rule 63 of the rules of the 24th August,
1896, is as follows:—
" No more than four persons shall at any
time be registered as owners of the same land
or charge as joint tenants thereof.
If the
number of persons entitled exceed four, such
of them, not exceeding four, as they may in
writing agree upon shall be registered ; or, in
case they cannot agree, as the central register
ing authority may, upon application, decide
after such notices have been given (if any),
and proceedings
taken, as he may direct.
Where two or more persons are registered as
joint owners of the same lands, or of a charge
thereon, one certificate only of their title to
the land or charge shall be issued by the
registering authority."