81 / 116
JAN., 1908]
The Gazette of the Incorporated Law Society of Ireland.
79
Obituary.
MR. Arthur E. Vincent. Soliciior, died on the
glh December, 1907, in Dublin. Mr. Vincent,
who served his apprenticeship with the late
Mr. John Ruckley, of 9 Eustace Street, Dublin,
was admitted in Easter Sittings, 1879, and
practised at 9 Eustace Street, Dublin,
in
partnership with Mr. John J. Beattv.
Mr. Richard J. Crean, Solicitor, died at his
residence, Glenbrook, Clonmel, on the igth
December, 1907.
Mr. Crean, who served his
apprenticeship with Mr. E. N. Blood, of 53
Dame Street, Dublin, was admitted in Hilary
Sittings, 1887, and practised at Clonmel.
Solicitors' Annual Certificates.
MEM HERS are reminded that annual Certificates
for year ending 5th January, 1909, should be
taken out, and the duties paid thereon, between
the 5th day of January and the 6th day of
February, 1908.
Calendar of Incorporated Law Society, 1908.
THE Calendar and Law Directory, published
by the Society, for 1908, can be obtained in the
Secretary's office, price three shillings, or by
post three shillings and fourpence.
Recent Decisions affecting Solicitors.
(
Koles ofdecisions, whether in reported or nnreporled
cases, of interest
to Solicitors, are invited from
Members.}
CHANCERY DIVISION (ENGLAND).
(Before Neville, J.).
Cheese
v.
Keen.
November 26th,
1907.—
Mortgage—Solicitor
Mortgagee
costs — Mortgages from client —
Accounts settled—Profit costs—Overcharges for
interest—Reopening accounts—Limitation Act
(21
fac.
i,
c.
16).
A SOLICITOR since 1883 financed a client, who
was a builder, advancing him money and taking-
mortgages upon the land acquired and built
upon as security for his advances, with interest
and his costs. The client was not represented
by any other solicitor. From time to time
accounts were submitted to the client, and they
were agreed to and signed by him, some of
them more than six years before action. In the
accounts the solicitor always charged profit
costs in respect of the mortgages to himself,
but no bills of costs were rendered. There
were also certain instances of interest over
charged by error. The solicitor died in 1905.
In an action by the executors for foreclosure of
two of the mortgages the client counterdaimed
to reopen the accounts on the ground of over
charges.
Held,
that, considering the relation between
the parties and the character of the errors, from
which it might be expected that the errors
proved in some cases would appear in all, the
client was entitled to the relief claimed in re
spect of all the accounts; that the Statute of
Limitations did not apply; and that the client
was entitled to have the solicitor's costs charged
in such accounts taxed, upon the footing that
the solicitor was not entitled to'charge profit
costs in respect of. any mortgage before the
Mortgagees' Legal Costs Act, 1895, regard
being had in such taxation to any agreement as
to costs appearing by such accounts to have
been come to between the parties.
Reported in the T.L.R., Vol. xxiv., p. 138.
Allocation of Funds in the Land Commission
Scottish Investments.
SOLICITORS having carriage of sales under the
Land Purchase Acts, should bear in mind that
where the
residue of
the purchase-money
consists
of
Scottish
securities,
such
as
railway and other Scottish
stocks, and
is
payable to trustees, the Judicial Commissioner
should be requested at the time of allocation
to put a direction on the schedule, authorizing
the Accountant when preparing the transfer
deed of the Scottish security, to add after the
names of the, trustees, the words: "and the
survivors and survivor of them." There is no
implied
survivorship
in Scotlish
law,
and
unless these words are inserted at the time
when the schedule is being ruled, it will be
necessary to make a subsequent application to
the Judicial Commissioner.