33 / 114
JULY, i910]
The Gazette of the Incorporated Law Society of Ireland.
133
Mr. Patton, B.L., on behalf of the petitioner,
pointed out that the rule of the Court has
always been to apportion the costs of sale
according to the amounts produced by the
various lots supporting the principle to be
adopted by the Solicitors having carriage ;
and Mr. Dunne, Solicitor for the National
Bank, also supported Mr. Patton's conten
tion, which Mr. Robinson admitted to be the
usual practice of the Court, but pointed out
that in this case the proportion of the costs
which it was proposed should be placed on
the 12 lots affected by his mortgage would
be over £800, and the portion on the 13 lots
in which he was not interested would only
be about £300.
Mr. Justice Ross stated that although it
was the practice of the Court for upwards
of fifty years to apportion costs as mentioned
by Mr. Patton, and such practice had hitherto
been
found most convenient, he should
decide the question according to law and
equity, and as he thought it would be in
equitable to direct the costs to be appor
tioned, as suggested, he referred the matter
to the Taxing Master to ascertain the proper
proportion of costs
to be borne by the
premises comprised in the various lots.
(Communicated by Messrs. A. and J.
Robinson).
Register of Changes in Firms of Solicitors.
FROM time to time great difficulty has been
experienced by members of the Profession
in tracing the custody of deeds and documents
prepared by firms no longer in existence. To
assist
the Profession
in
this matter the
Council are anxious to compile a Register
containing
information as
to changes of
membership
in
Solicitors'
firms
from
time
to
time, and also of businesses of
deceased or retired Solicitors. which have
been acquired and carried on by other
Solicitors.
It is intended that this Register
should be kept in the Secretary's office, so
that members of the profession seeking in
formation relative to papers formerly in the
custody of Solicitors now either deceased or
retired may be afforded assistance in tracing
such papers. The Council would be glad if
members would assist in the compilation of
the Register by writing to the Secretary
informing him of any such changes in firms,
or of the acquiring of businesses in the past
as they may be aware of.
Local Registration of Title (Ireland) Acts.
THE following Order has been issued :—
. High Court of Justice in Ireland,
Land Registry of Ireland,
Local Registration of Title (Ireland)
Act, 1891.
" EX-PARTE " AND OTHER MOTIONS.
IN cases of Ex-parte motions, a motion paper
should be lodged in the Central Office two
clear days before the day on which the
motion is to be moved, with an affidavit or
affidavits of any facts to be brought under
the notice of the Court in support of the
motion.
The motion paper must contain (1) a short
outline of the principal facts upon which the
motion is grounded, and (2) conclude with
the terms in which the motion is to be made.
This statement should comprise no facts
which are not supported by affidavit or
official documents.
Any rule made by a Registrar on the
subject of the motion must be mentioned in
the motion paper with the name of the
Registrar.
The form of the motion paper should
follow as nearly as may be the form now in
use in the Probate Division. Costs of motion
papers will not be allowed unless the require
ments of this direction are complied with.
Solicitors
are
requested when
filing
affidavits or other documents to be used on
ex-parte motions or motions on notice, to
lodge at the same time certified copies of
such affidavits or other documents and
notices of motion for the use of the Court.
These copies will be returned when the
motion has been disposed of.
By Order,
R. MANDERS,
Registrar.
10th May,
1910.
Results of Examinations,
AT the Preliminary Examination held on
the llth and 12th days of May, the following