55 / 116
Nov., 1907]
The Gazette of the Incorporated Law Society of Ireland.
if the proceeding had been an equity suit in
the County Court, and the statutory provisions
and rules for the time being in force as to the
allowance and taxation of costs in such action
and as to the objections and review of taxation
by the Clerk of the Peace shall apply accord
ingly ;
and any taxation shall be subject to
review by the Judge in accordance with the
provisions of Rule 59.
,
(9.) Where the subject-matter of the arbi
tration is not a capital sum, the Committee,
Arbitrator, or Judge shall determine what, for
the purpose of the allowance and taxation of
such costs, shall be considered to be the amount
of the subject-matter of the arbitration.
62. Where an order
is made by a Com
mittee, Arbitrator, or Judge awarding costs to
a solicitor or agent, and declaring such solici
tor or agent to be entitled to recover such costs
from the person for whom he acted, or to be
entitled to a lien for such costs on any sum
awarded or agreed as compensation, or to be
entitled to deduct such costs from any such
sum, the following provisions shall apply:—
(rt) The Clerk of the Peace shall, on appli
cation made to him, tax such costs.
(£) A copy of the order, and, when the
amount to which such solicitor or
agent is entitled has been ascertained
by taxation, a memorandum of such
amount shall, at the request and cost
of the solicitor or agent, be issued by
the Clerk of the Peace for service on
the party liable to pay the sum awarded
or agreed on as compensation ;
and
service thereof may be effected on
such party in accordance with Rule 15.
(c)
A memorandum of such order, and when
such amount has been ascertained a
memorandum of such amount shall be
recorded in the register in which the
memorandum or award under which
the sum awarded as compensation is
payable is recorded, and such last-men
tioned memorandum or award shall
have effect subject to such order and
memorandum.
(</) The party liable to pay such compen
sation
shall on demand pay to the
solicitor or agent the amount to which
he is entitled, but so that such party
shall not be liable to pay any amount
in excess of that which he is liable to
pay for compensation, or to pay such
amount by any other instalments than
those by which he is liable to pay such
compensation.
(e~)
If the party liable to pay such compen
sation fails on demand to pay any
amount which he is liable to pay to
such solicitor or agent, the Judge may,
on application made to him, on notice
to such party
in accordance with
Rule 45 and on proof of the order
having been served on and demand for
payment made to such party, order such
party to pay such sum ;
and in default
of payment the Judge may order exe
cution to issue to levy such amount.
(_/") Payment made by or execution levied
on the party liable to pay such com
pensation shall be a valid discharge to
him, as against the party* entitled to
such compensation, to the amount paid
or levied.
(g)
Where the sum awarded as compensation
has been paid into Court, the amount
to which the solicitor or agent is
entitled shall be paid to him out of
such sum.
Affidavits to Memorials for Registry of
Deeds Office.
OWING to the provisions of section 6 of the
Finance Act of 1907, an affidavit verifying the
execution of a deed and memorial for the
registration of a deed in the Registry of Deeds
Office, is now exempt from the half-crown
stamp duty, whether it be sworn before a Com
missioner of Oaths or a Justice of the Peace.
Winter Assizes.
THE Lord Lieutenant has made the following
orders with regard to the forthcoming Winter
Assizes:—
The Ulster Winter Assizes shall be held
in Belfast.
The County of Antrim,
the
County of the City of Belfast, the County
of Down, the County of Armagh, the County of
Monaghan, the County-of Donegal, the County
of Londonderry, the County of the City of
Londonderry, the County of Fermanagh, the
County of Tyrone, and the County of Cavaiv
shall be united together, and form one county
under the name of the Ulster Winter Assize
County.
The Munster Winter Assizes shall be held
in Cork.
The County of Waterford,
the
County of the City of Waterford, the County-