57 / 114
NOVEMBER, 1913.) The Gazette of the Incorporated Law Society of Ireland.
53
reasonably be taxable as between part}' and
party.
It then deals with cases in which
special allowances are to be made, and pro
vides with regard to charges of such a nature
that they could not be taxed or recovered as
between party and party ;
that such costs
should in no case be allowed iii whole or in
part unless incurred at the special previous
request of the client, signified in writing.
That deals with a previous request for the
incurring of these charges. The second limb
deals with the ratification after the charges
have been incurred and before taxation, and
then follow
these words :—" And it shall
distinctly appear, &c."
I think it is a very
debatable question whether or not this last
condition applies to both the limbs of the
rule which immediately precede.
I do not
wish to give a definite opinion about that, but
as at present advised I rather think Mr. Wylie
is right in arguing that these words apply to
the subsequent ratification before taxation,
and do not govern the first limb of the rule.
I base my concurrence with my bi other Boyd,
however, on this, that no matter whether
there is a previous request or a subsequent
ratification there is a subsequent direction in
the rule that these charges can only be allowed
if and so far as the Taxing Master shall
consider it just and proper to allow the
same. When the client makes a special re
quest he must be taken to qualify the autho
rity given, as if he said :—" Although I give
you this authority the Taxing Master must
say it was just and proper to incur these ex
penses, and accordingly the justice and pro
priety must come before the Taxing Master."
Mr. Wylie contends that the Taxing Master
has not exercised his discretion because he
has disallowed these charges as a whole, but
it seems to me there is a discretion which he
may exercise in whole or part, and when
the Taxing Master conies to the conclusion
that they are not to be allowed it would be
an extreme thing for us to say that he has
not exercised his discretion properly. The
rule is a very strong one indeed.
At the end
it goes on to provide that no costs shall be
"taxed or allowed as between solicitor and
client save under and in accordance with the
rules of this Order.
I think the Taxing Master
has exercised his discretion.
It has been ad
mitted by Mr. Wylie that he has a discretion.
He has exercised it according to his lights.
1
thinx: the application should be refused with
costs.
(Reported
J.L.T.K.
Vol. XLVI1., p. 208).
Solicitors' Benevolent Association.
A meeting of the Directors was held upon
29th October, Sir George Koche in the chair,
and fifteen other Directors. present. The
Secretary reported having received since last
meeting the sum of £33 12s., making the total
annual
subscriptions
received
since
1st
January last £505 19s. The Directors made
grants amounting to £30, bringing (he amount
expended in relief since 1st January up to
£549 10s.
The next meeting of the Directors will be
held upon 3rd December.
County Tipperary Bar Association.
ANNUAL DINNER.
(
Communicatedfor insertion
.)
THE Annual Dinner of the County Tipperary
and King's County (Birr Division) Sessional
Bar Association was held on Thursday, 23rd
October. There was a large attendance of
members and their guests, while the invita
tions of the President and Committee were
also largely availed of.
Mr. John O'Dwyer, Solicitor (Piesident),
occupied the chair, haviiig on his right His
Honour Judge Moore, K.C.; Dr. R. R.
O'Brien, J.P.
(representing
the Southern
Medical Association),
and Major Colley,
R.M. On the left of the Chairman were Mr.
William Carrigan, K.C.; Mr. Wcldon Molony
(Judge's Registrar), and County Inspector
Langhorne, R.I.C.
The attendance included—Messrs. H. T.
Sayen, Solicitor; Lt.-Colonel Phillips, Beech-
mount ;
James Sealy, B.L.: Arnold Power,
Solr., S.S. ;
Allan H. Morgan, Solr. ; J. F.
Quirke
Solr. ;
T. A. Stephenson, Solr.;
Robert Kinahan, B.L. ;
J. P. Kenny, B.L. ;
P. E. Moynan, County Surveyor, Nenagh;
Dr. Laffan Cashel (Southern Medical Asso
ciation) ;
R. Grove White B.L. ;
J. A.
Ronayne, B.L.; G. H. Sargint, Solr. ;
R. B.
Heuston, Solr.: J. J. O'Shee, Solr.; James
O'Brien, Solr.; E. P. Bridge, Solr. ; E. Coffey,