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Vol. 39
No. S
November
1945
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
President:
PATRICK F. O'REILLY
^ice-Presidents:
WILLIAM S. HUGGARD
HUGH p. O'DONNELL
Secretary:
ERIC
A.
PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETING OF THE COUNCIL.
OCTOBER 5th. The President in the chair. Present:
Messrs. Hugh O'Donnell, Vice-President; P. R.
Boyd, C. G. Stapleton, D. O'Connell, J. R.
Quirke, W. J. Norman, E. M. FitzGerald, J. S.
O'Connor, R. Greene, A. Cox, S. 6 hUadhaigh,
J. T. Wolfe, J. J. Smyth, J. P. Carrigan, W. S.
Hayes, H. P. Mayne, J. B. Hamill, J. J. Lynch.
Mr. A. E. Bradley, deed.
THE Council passed in silence a vote of condolence
with the relatives of the late Mr. Arthur E.
Bradley who was a member of the Council from
1905 to 1921 and a former President of the
Society.
Costs Query.
THE Council considered a report from a Committee
on the following query: "Acting for an unsuccess
ful Plaintiff in a Circuit Court action we were duly
summoned to attend before the County Registrar
to oppose the taxation of the Defendant's costs.
The County Registrar, as Taxing Master, allowed
us a fee and same was added to Defendant's bill
and the bill then certified by the County Regis
trar. Defendant's solicitor contends that he will
only pay our fee on payment of his bill of costs
by our client. We maintain that our fee for
opposing the Defendant's costs should have been
discharged before the bill had been certified as is
the case on the taxation of costs in the High
Court." The Committee reported that it is not the
ordinary practice of the Taxing Master of the-
High Court, on party and party Taxations, to
add to the bill of costs being taxed, the opposing
solicitor's fee for attending the taxation. In the
opinion of the Committee, on the facts before it,
in the absence of an undertaking by the solicitor
taxing the costs that he would pay the opposing
solicitor's fee in any event there was no obligation
on him to pay this fee until he should have re
ceived the amount of the certified costs from the
unsuccessful plaintiff. The Council adopted the
report.
Irish Legal Terms Act, 1945.
THE Secretary read a letter from the Department
41