47 / 116
AUG., 1907]
The Gazette of the Incorporated Law Society of Ireland.
43,
In such a case, where counsel, instead of
settling a reply, advises an alternative course
which proves more satisfactory, the costs of the
case for counsel ought to be allowed.
The costs of registering
Us pendens
against
twenty defendants after an order on further
consideration allowed.
A fee for instructions for brief on further
consideration cannot be allowed on taxation
between party and party when there has been
a primary hearing.
(Appendix S., Part I.,
item 73).
Per HOLMES, L.J.—Where a Taxing Master
has, in the exercise of his discretion, allowed
certain sums for items in a bill of costs, a
court of appellate jurisdiction ought not to
interfere unless the Taxing Master has acted
on an erroneous principle, or is mistaken as to
the facts upon which the exercise of his discre
tion is based.
As to (i) Instructions for brief; (2) costs of
a third counsel; (3) fee for advice of proofs ;,
(4) allowance for schedule for the Chief Clerk ;
(5) wide line draft statement of claim for settle
ment by senior counsel ;
(6) costs of a sur
veyor; (7) attendances both at Record Office
and Probate Office to obtain a copy of a will,
and (8) copies of documents sent to counsel
with instructions to settle pleadings, the Court,
being of opinion that the Taxing Master knew
and appreciated the difficulty and magnitude
of the case, refused to vary the sums allowed
by him.
Reported in I.L.T.R., Vol. XLI., p. 128.
CHANCERY DIVISION (ENGLAND).
(Before Kekewich, J.)
In re Buckton ;
Buckton
v.
Bucklon.
July 10, 1907—
Practice—Costs—Trustee and
cestui que tmsl—Rulesfor guidance of Court.
WHERE trustees apply by originating summons
to the Court to construe an instrument for their
guidance, and in order to ascertain the in
terests of the beneficiaries or to have deter
mined some question arising in the administra
tion of the trust, the costs are incurred for the
benefit of the estate, and the Court will, as a
general rule, direct them to be taxed as between
solicitor and client and paid out of the estate.
Again, where the -application is of the same
character, but is made by some of the benefi
ciaries, and not by the trustees, because such a
course is considered more convenient,
the
same rule as to costs applies.
But where the
application is made by a beneficiary in respect
•of a claim which is adverse to other benefi
ciaries, and the applicant takes advantage of
the procedure by originating summons to get
determined a question which, but for that pro
cedure, would properly form the subject of an
action and fall within the term " litigation," the
Court will order the unsuccessful party to pay
the costs.
Reported in T.L.R., Vol. xxin., p. 692.
Solicitors' Benevolent Association.
THE Directors met on the 3rd July, Mr.' Fry,
J.P., in the chair, and twelve other Directors
being present. The Secretary reported having
received
in annual subscriptions since
last
meeting the sum of ^21, making a total of
annual subscriptions received since the
ist
January of ^4S4 '3^
The -following grants were made: — ^10 to
the son of a solicitor; ^10 to the widow of a
solicitor ; ^£10 to the daughter of a solicitor ;
and j£s to the daughter of a solicitor. A sum
ios.,
half year's " Brooke " annuity, was
also paid to the " Brooke" annuitant.
The Directors held a special meeting on the
17th July, Mr. Fry, J.P., presiding, and seven
teen other directors
being present.
The
Secretary reported having received a life sub
scription of
J^
10 10.9. from Mr. George Carr Lett,
and a donation of ^5 5.?. from Mr. W. Milward
Jones.
The Directors made the following
grants:—
£10
to the sister of a solicitor, and
.£10 to the daughter of a solicitor.
The scrutineers' report as to the result of
the voting for the election of a " James Weir "
annuitant of ^30 was submitted, and candidate
No. 3 on the voting paper—an old solicitor
and member of
the Association — having
received the highest number of votes, was
declared elected.
The following solicitors joined the Associa
tion during the month of July :—
George Carr Lett, Dublin.
P. V. C. Murtagh, Athlone.
Henry J. Walker, Athlone.
The meetings of the Directors for the re
mainder of the year are as follows:—
October 3oth.
November 27th.
December 4th and i ith.
Solicitors desirous of becoming members of
the Association can obtain all
information