38 / 120
The Gazette of the Incorporated Law Society of Ireland,
[JULY, 1914
Sargant, J., considered the facts leading up
to the action, and came to the conclusion
that there was such a reasonable probability
of Benetfink and Co. differentiating their case
at the trial from that of A. W. Carriage
and Co. as to justify them in putting in a
separate defence and employing a separate
leading Counsel at the trial, although as the
result of the evidence at the trial the case for
differentiation mainly
disappeared.
If,
therefore, it lay with him he should hold that
Benetfink and Co. were well advised
in
putting in a separate defence and employing
a separate leading Counsel;
but it was
contended on behalf of the plaintiffs that
under Order LXV., r. 27, regulation 8, he
was precluded from interfering with the
discretion of the Taxing Master on the point,
and a decision to that effect by Bacon, V-C.,
in
Beattie
v.
Lord Elbury
(1873), 29 L.T. 419,
(1873) W.N.
194,
on
the corresponding
twelfth rule of the old Consolidated Order
XL. was relied on ; but in the later case of
Ager v. Blacklock & Co.
(1887), 56 L.T. 890,
Kekewick, J., decided that the question was
not purely a question for the discretion of the
Taxing Master, and directed a review of the
taxation, and His Lordship preferred to
follow the later authority.
Boswell
v.
Coaks
(1887), 36 Ch. D. 444, was also referred to,
but that was not a decision under the rule
now in question but was a case in which the
House of Lords had in fact delegated its
own jurisdiction as to costs to the Taxing
Master. His Lordship accordingly directed a
review of the taxation on the lines he had
indicated.
(Reported [1914]
Weekly Notes,
293.)
Actions concerning Charities.
THE Master of
the Rolls
recently drew
attention to the provisions contained in
Section 4 of 30 and 31 Victoria, Cap. 54,
which directs that no action can be com
menced by any person concerning any relief,
order, or direction relating to any charity,
without giving notice in writing to the
Commissioners of Charitable Donations and
Bequests. His Lordship stated that in future
he would deprive the plaintiff's Solicitor of
costs in any case in which it was necessary to
serve the notice and notice had not been
served.
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
sale and purchase of property, loans, securities
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 theProfession.
Communications as to advertisements should
be addressed
to Messrs. Hely's Limited,
28 Dame Street, Dublin.
MR. W. P. KELLY,
SOLICITOR,
Has changed his Registered Address
FROM
61 BLESSINGTON STREET
TO
1 4 FLEET STREET, DUBLIN.
Dublin: Printed by HELY'S LIMITED, at the Acme Works, Dame Court, Dublin.