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£ 10 on account, and the Irish solicitor, in reply,
guaranteed payment of this amount. After the
termination of the proceedings, the English solicitor
sent to the Irish solicitor particulars o f his costs
amounting to £59 8s. 3d. on which he allowed him
agency of £ 14 9s. 9d. The Irish solicitor admitted
liability for the sum o f ten guineas only. The
Council decided that in the absence of a stipulation,
express or implied, negativing or limiting the personal
liability of the Irish solicitor, the latter solicitor is
personally liable for the costs of the English agent,
less the usual agency commission, and that on the
facts submitted, the Irish solicitor was so liable.
Lien for costs. Charging order
A member acted for the plaintiff in an action for
personal injuries, who refused, against his solicitor’s
advice, to accept less than £1,000 damages. The sum
o f £450 was lodged in Court with the defence. The
action went to trial, and the jury awarded £450.
The defendant’ s costs were deducted from the money
lodged in Court. A cheque for the balance o f the
damages, made payable to the plaintiff, was sent to
the plaintiff’s solicitor. The solicitor handed the
cheque to the plaintiff and was unable to recover
his costs. It was decided to draw the attention o f the
solicitor to the fact that in a matter of this kind he
had a general retaining lien over the cheque until his
costs had been paid, and furthermore that he could
have applied to the Court under Section 3 o f the
Legal Practitioners (Ireland) Act, 1876, for a charge
on the amount o f damages received, being property
recovered or preserved through his instrumentality,
for his taxed costs in reference to the proceedings.
Purchase o f property by public body. Costs.
T
he
Secretary reported that in the case of Lanigan
against the Carlow Mental Hospital Board, the
Taxing Master had decided that Rule n o f the
Solicitor’s Remuneration General Order, 1884, did
not apply to the costs of the purchase by public
auction of property for use as a mental hospital
under the authority o f the Mental Treatment Act,
1945, which incorporates the provisions of the Lands
Clauses Acts. An appeal had been taken on behalf
o f the Hospital Board against the decision of the
Taxing Master, and Mr. Justice Kingsmill Moore had
allowed the appeal, and directed the costs should be
taxed under Schedule 2. It was ordered that the
Society should support an appeal to the Supreme
Court against the decision o f Mr. Justice Kingsmill
Moore.
Nominations for Council and date o f ballot
W
ednesday
,
1st November, 1950, was appointed as
the final date for receiving nominations for the
Council, and Thursday 16th November, 1950, was
appointed as the date of the ballot for the Council
for the year 1950-51 pursuant to byelaw 29A.
Landlord and Tenant Acts—costs
T
he
Secretary reported that at the request of the
Circuit Court Rules Committee, the President had
appointed a special committee of the Council to
draw up a scale o f costs as between party and party
under the Landlord and Tenants Acts, to be included
in the Circuit Court Rules. The Committee had met
and prepared the draft scales of costs. The Council
approved o f the scale subject to certain alterations,
and the Secretary was directed to forward them to
the Secretary o f the Circuit Court Rules Committee.
LIBRARIAN
The Council invite applications from solicitors
and others for the position of librarian. Applications
should reach the Society before 7th September,
1950. Particulars o f the salary and conditions of
appointment may be obtained on application to
the Secretary o f the Society, Solicitors’ Buildings,
Four Courts, Dublin.
EXAMINATION RESULTS
A
t
the Intermediate Examination for apprentices
to Solicitors held on the 1st and 2nd days of June,
1950, the following passed the examination :—
Passed witb Merit
1. Edwin Russell McCloughan. 2. John Brendan
O’Flynn. 3. Edward Patrick King. 4. John A.
Greene. 5. Cecil Arthur Lavery. 6. John Anthony
O’Meara.
7. Henry Kelly.
8. Timothy Ryan.
9. Enda C. Gearty. 10. Thomas P. Kelly, n . David
Punch.
Passed
Bernard M. Brennan, Bernard Thomas Burke,
Henry W. Burleigh, Finbar F. Callanan, Patrick J.
Cody, Simon D. J. Comer, Patrick J. Cusack,
Francis B. Geary, William F. Harpur, Francis G.
Keane, Ivan William Peter Kelly, John Vincent
Kelly, James H. Mackey, Felim H. Meade, Mary
Moore, Nora Mary Murphy, Mary Noone, John
A. Phelan, William Reginald White.
The remaining candidates are postponed.
Thirty-eight candidates entered; 30 passed;
7 were postponed; one did not attend.
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