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FEBRUARY, 1911]
The Gazette of the Incorporated Law Society of Ireland.
191
John Hawthorne, Solicitor. 32 Bachelor's
Walk, Dublin.
Timothy Murray, Assistant to the Clerk of
the Crown and Peace, Dundalk,County
Louth.
Recent Decision affecting Solicitors.
(Notes of decisions, whether in reported or un-
reporte'd cases, of interest to Solicitors, are
invited from Members.}
CHANCERY DIVISION.
(Before B
arton J.)
Tench
v.
Sand.es.
Jan.
13, 1911.—
Solicit
or Mortgagee—Money
lent to client—Moneylenders Act,
1900.
This action was brought by Mr. Gerald
Tench, Solicitor, Dublin, against Mr. John
Sandcs, to have it declared that a sum of
£350, advanced by
the Plaintiff
to
the
defendant, was well charged on certain lands
in County Kerry by virtue of a deposit of a
land certificate by the defendant with the
plaintiff.
On the 13th July, 1910,
the defendant
called at the plaintiff's office and informed
the plaintiff that he urgently required £400,
and offered an equitable deposit of the land
certificate .referred
to
as
security.
The
plaintiff informed the defendant that he
would require to look into the title, and that
he would require map, valuation, certificate
and evidence of the value of the. lands. On
the following day, 14th July, defendant called
on the plaintiff and signed an undertaking or
declaration as to the value of the lands, and
the plaintiff thereupon gave the defendant a
cheque for £335, having deducted £15 to
cover interest and costs, the loan being for
£350, and the plaintiff retained the land
certificate as security, the defendant having
signed a promissory note to the plaintiff for
£350, payable within two months.
The defence was that the plaintiff was a
money-lender within the meaning of the
definition in the Money-lenders Act, 1900.
The plaintiff, in his evidence, stated that
he never lent money except in furtherance of
his business as a Solicitor ;
that he con
stantly lent money to persons for whom he
acted as Solicitor ;
and that he had previous
transactions with the defendant, who had
paid him law costs in respect of such trans
actions. The plaintiff further stated that he
had lent sums of money to farmers who were
clients of his, and that he had allowed the
moneys to remain out on loan for a consider
able time, and that he seldom had to take
proceedings for the recovery of any such
moneys.
Held,
that the onus of proof that plaintiff
was a money-lender lay upon the defendant,
and that he had not discharged that onus,
and judgment given in favour of the plaintiff
with costs.
New Solicitors.
ADMISSIONS DURING JANUARY, 1911.
Name
Collins, John Henry
Fitzpatrick, Fintan
Furlung-, Peter Claude
Huggard, William S.
King, John H.
Macaulay, Austin G.
Meagher, \Villiam
McCourt, John Edward
McKee, Samuel William
Pollock, Hugh Roger
Quirk, Michael J. O'Neill
Taylor, Brendon I.
Twoniey, David Ambrose
Served Apprenticeship to
Daniel McCartan, Down-
patrick
D. O'Connell Miley, Dublin
Bernard
J. O'Hlaherty,
Enniscorthy
Edward White, Dublin
Daniel McCartan, Down-
patrick
Peter Macaulay, Belfast
Laurence J Ryan, Thuiles
Robert H. Wallace,
Downpatiick
John W. Bell,
Down-
patrick
John G. Fottrell, Dublin
Joseph F. Quirk, Carnck-
on-Snir
Michael A. Hayden,
Ballinasloe
Henry A. Wynne, Cork
Examination Results.
AT the Preliminary Examination for persons
seeking
to be bound as apprentices
to
Solicitors, held upon the 2nd and 3rd days of
January, the following passed the examina
tion, and their names are arranged in order
of merit :—
1. Terence Byrne, Junr.
2. John O'Dwyer.
3. Robert A. Macaulay.
4. John P. MacGovern.
5. Arthur P. Orr.
6. William J. Norman.
John Cottrell passed the modified Pre
liminary Examination, for which he had
liberty to present himself.
Nine candidates attended
two were postponed.
seven passed,