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The Gazette of the Incorporated Law Society of Ireland.
[FEBRUARY, 1914
remuneration a proportion of the profits of
business introduced by him to the solicitor,
and if that were the construction to be placed
on the agreement it could not be impeached.
He agreed, however, that in the present case
the arrangement was clearly one under which
the business of an unqualified person was to
be carried on by a solicitor, and was
accordingly illegal under Section 32 of the
Solicitors Act, 1843. The result was that- the
evidence of the agreement ought not to have
been admitted, and there must be a new trial.
(Reported
The Times Law Reports,
Vol.
XXX., p. 24(5.)
COUNTY COURT OF TIPPERARY.
(Before HIS HONOUR JUDGE MOORE.)
WAKELY
v.
TOPPIX.
Jan. 27, 1914.—
Auctioneer acting as a con
veyancer for remuneration—
27
Victoria,
Cap. 8, penalty.
This was a civil bill brought in the name of
the Secretary of
the
Incorporated Law
Society to recover a penalty of £20 from
Mr. William Toppin, Auctioneer, of Fethard,
Co. Tipperary, under the provisions of 27
Victoria, Cap. 8,
for having acted as a
conveyancer for remuneration.
In February, 1913, the defendant sold by
public auction at Clonmel the farm of George
Richardson for £200 to Michael Bates ; Mr.
T. F. 6'Brien, solicitor, acted
for
the
purchaser.
The Vendor had no solicitor
acting for him, the conditions of sale being
prepared by the defendant. Mr. O'Brien
sent the requisitions on title to the vendor,
and received them back from the defendant,
the replies being in the handwriting of the
defendant. Mr. O'Brien sent a draft declara
tion and the draft conveyance to the defen
dant as agent of the vendor, and received
them back from him approved ;
the declara
tion being altered by the defendant. There
was delay in completing the transfer owing
j
to an administration having to be taken out,
and in consequence of the delay a half-year's
annuity became due on the farm and had to
be
paid by the vendor, and the defendant
then insisted on the purchaser paying two
guineas approval fee on the conveyance as
provided by the conditions of sale, and this
two guineas was paid by Mr. O'Brien to the
defendant, who gave a receipt for it.
For the defence, evidence was given that
the defendant gave credit to his client, the
vendor, for the two guineas, and that the
vendor declined to employ a solicitor in the
matter.
His Honour expressed the opinion that
even if the defendant never got the two
guineas, the getting by him of commission
on the sale on the understanding that the
Vendor would have no legal charges to pay,
would attract business, and would constitute
" fee, gain or reward," he gave a decree for
a penalty of ten pounds, stating he was of
opinion that defendant had brought himself
within the meaning of the. section.
The Need of Official Shorthand Notes.
The Times
of 20th January states that in
the course of the hearing in the Divisional
Court of an appeal from a County Court,
before Mr. Justice Lush and Mr. Justice
Atkin, it appeared that no note had been
taken by the Judge or by the counsel of the
proceedings in the Court below, and that no
note of any kind was available for the use of
the Court. Mr. Justice Atkin said that this
showed the importance of the question of the
appointment of an official shorthand writer
to every Court of Justice.
If the proposal to
enlarge the jurisdiction of the County Court
was carried out the High Court would often
be greatly embarrassed
by
the want
'.
of a
proper record of what had taken place in the
Court below.
Results of Examinations
AT the Preliminary Examination held upon
the 8th and 9th days of January, the following
passed the examination, and their names are
arranged in order of merit:—
1. James J. Matthews.
2. John W. T. Callan.
3. Robert Moorhead.
4. Barry I. Sullivan.
5. William J. Clerke.
The remaining candidates were postponed.