9 / 116
MAY, 1907]
The
Gazette
of
the
Incorporated Law
Society
of Ireland.
Solicitor, to be Chief Clerk to
the Lord
Chancellor, in room of Mr. William Graham
Brooke, B.L., deceased. Mr. MacLaughlin was
admitted in Hilary Sittings, 1881 ; he served
his
apprenticeship with Mr. -Richard
S.
Reeves,
J.P., obtained
a Silver Medal at
his Preliminary Examination, and a Special
Certificate at his Final Examination. He filled
the office of President of the Incorporated
Law Society of Ireland from July, 1904,
to
December, 1905.
New Commissioners to administer Oaths.
THE following, since the
ist January, 1907,
have been appointed by the Lord Chancellor
to be Commissioners to administer oaths :
Denis F. M'Carthy, Castlelownbere.
John Fogarty, Carlow.
George Given, Omagh.
David Joseph Brenan, Dungnrvan.
William T. M'Gillicuddy, Killorglin.
Charles Mitchell, Ramelton.
' Michael Bannon, Bawnboy.
Alfred John Pateshall, Tipperary.
Thomas C. Ross, Solicitor, Dublin.
James Brady, Solicitor, Dublin.
John M. M'Dowell, Solicitor, Dublin.
William Buckley, Solicitor, Dublin.
Denis Murphy, Gorey.
Vacation.
THE Easter Sittings terminate on Saturday, the
18th May, and Trinity Sittings commence on
Saturday, the ist June.
On Whit Monday, the 20th May, which is
a Bank Holiday, all the offices of the Supreme
Court will be closed.
Members are reminded that Order LXIV,
R. 3, prescribes
that where the time for
doing any act or
taking any proceedings
expires on a Sunday, or any other day on which
the offices are closed, and by reason thereof
such act or proceeding cannot be done or taken
on that day, such act or proceeding shall, so far
as regards the time of doing or taking the same,
be held to be duly done or taken if done or
taken on the day on which the offices shall
next be open.
Recent Decisions affecting Solicitors.
(Noles ofdecisions, whether in reported or unreporlcd
cases, of interest to Solicitors are invited from
Members,
,)
COURT OF APPEAL.
Before Walker, C.; FitzGibbon and Holmes,
L..TJ.
In re Patrick Ryan, a Bankrupt.
Costs.
Order LXXXVIII, R. 105.
Gross
proceeds realized.
THIS was an appeal from an order of Boyd, J.,
refusing to allow the Solicitor for the Assignees
full costs where the gross proceeds of the
assets, exclusive of amount realized by sale of
mortgaged property of the Bankrupt, did not
exceed ;£ioo, but which, inclusive of theamount
realized by sale of the mortgaged property, did
exceed ^"100. Order LXXXVIII, R. 105, of
the Rules of Supreme Court of 1905
is as
follows: "When the gross proceeds of the
assets realized in any bankruptcy or arrange–
ment do not exceed .£100, the disbursements,
together with three-fifths only of the profes–
sional charges, shall be allowed, unless the
Court otherwise specially directs."
Held, confirming Order of Boyd, J., that the
term "assets" in the order is restricted to
property
distributable
amongst
unsecured
creditors, and the Court refused to interfere
with the discretion of the Judge exercised
under the latter part of the rule.
Reported in I.L.T.R., Vol. XLI, page 78.
KING'S BENCH DIVISION.
(Before Madden and Boyd, JJ.)
Brandon
v.
Hanna.
Costs.
Consultation prior to motion for new trial.
THIS was an appeal by the defendant from the
disallowance by the Taxing Master as between
party and party of the costs of a consultation
between Counsel before a motion for a new
trial, for the reason that he had allowed the
defendant, as between party and party, the
costs of a consultation prior to the trial.
The consultation in question had been certi–
fied by Senior Counsel as being necessary and
as having been held. Held, reversing the
Taxing Master, that the reason given for the
disallowance was insufficient, and based upon
a wrong principle, and that the action being
one of some
importance,
the consultation
should be allowed, and that the bill should be
referred back to the Master for this purpose.
Reported in I.L.T.R., Vol. XLI, page 75.