The Gazette 1914-15

MARCH, 1915]

The Gazette of the Incorporated Law Society of Ireland.

" (3) That the sending of letters, circulars or

circular letters by a Solicitor to persons

other than their clients, offering to do

business, is unprofessional.

" (4) That the sending of lists of Sessions to

clients or to members of the Solicitors'

Profession is not unprofessional."

Recent Decision affecting Solicitors.

(Notes of decisions, whether in reported or

unreported cases, of interest to Solicitors,

are invited from Members.)

HIGH COURT OF JUSTICE.

KING'S BENCH DIVISION.

Costs under Courts (Emergency Powers)

Act, 1914.

Watson and Co. (Belfast)

Joyce.

(Before Gibson, Kenny, and Molony, J.J.)

THIS was an appeal brought at the request of

the Council of the Society, to the Divisional

Court from an order of Mr. Justice Boyd

refusing costs against the Defendant on a

summons brought for liberty to issue execu

tion under the Courts (Emergency Powers)

Act in respect of a judgment for

£42

obtained

against the defendant, who did not appear.

The Judge had refused to allow costs, stating

that he did so in accordance with the practice

settled by the Judges not to allow plaintiffs

any costs of such summonses as against

defendants.

It was contended on behalf of

the plaintiff that the Judge had acted on a

wrong principle in so refusing to allow costs.

Mr. Justice Gibson, in giving judgment,

said that hitherto the practice the Judges

had acted upon was the view that the legisla

tion being founded on a financial crisis arising

out of the calamity of the.war, the extra

expense resulting from the statutory protec

tion might fairly in ordinary circumstances

be treated as a loss, to be borne by the

creditor where the defendant did not appear,

and thus got no benefit from the statute.

was contended on behalf of the plaintiffs that

the costs of any new procedure required to

enforce a judgment should be paid by the

debtor, whose non-payment of the judgment,

in respect of which he could not, or did not,

claim the statutory protection, made the

summons necessary. This contention, in the

opinion of the Court, was of much weight.

In England it was the practice to allow costs

in such cases—a fixed sum, applicable to

normal cases, having been settled, so as to

save taxation. The Court, having regard to

the English practice and the rules under the

statute, was of opinion that in the type of

case before them costs should be allowed,

subject, of course, to the Irish Judicature

Rules regulating and limiting costs.

The

practice in future, therefore, would be to

allow, as the case might be, in default of

appearance full costs at the rate of £1 10s.,

and half costs at the rate of 15s. These costs

did not contemplate the employment of

Counsel, nor was it intended to restrict the

discretion of the Judge when he might think

fit in the particular circumstances to refuse

or increase costs as the case might be.

New Solicitors.

ADMISSIONS DURING FEBRUARY, 1915.

Served Apprenticeship to

Cox, Arthur C. J.

Francis J Scallan, Dub

lin.

Keuiian, John Joseph

Daniel

Keenan,

Monag'han.

Masfec, Robert S.

... William P. Moody, Stra-

bane :

Slack, Robert E. Milliard Mm I hew J. Byrne, Li.-s-

towel.

ALL communications connected with THE

GAZETTE (other than advertisements) should

be addressed to the Secretary of the Society,

Solicitors' Buildings, Four Courts, Dublin.

THE GAZETTE will accept advertisements for

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offered, and money for investments on mort

gages, partnerships, clerkships, and generally

such advertisements as would be of service to

the members of the Society and the Profession.

Communications as to advertisements should

be addressed

to Messrs. Hely's Limited,

28 Dame Street, Dnblin.