217 / 324
or not other work had been done by the solicitor
before or after the auction in connection with an
attempted sale of the property.
As a mere matter of construction, apart from
the practical interpretation of the Rule, the same
result was reached.
Paragraph
(c)
provided for
the case where property was bought in and after
wards offered by auction by the same solicitor, i.e.,
a series of abortive auctions.
In such a case, the
solicitors only received the scale fee for the first
attempted sale and for each subsequent sale was
to charge " according to the present system as
altered by Schedule II hereto," that is to say, on
an itemised basis.
If that were the position in the
case of a series of abortive auctions, why should
the position be different and more disadvantageous
to the solicitor, where instead of a series only one
abortive auction was held ? The rule itself suggested
that that position was not contemplated. What
was contemplated was, that where property was
offered by auction and bought in, the solicitor
could charge three-fourths of the scale fee under
paragraph
(a)
irrespective of whether the auction
was preceded or followed by other attempts to
sell, unless the case came within the provisions of
another paragraph by
reason of a
subsequent
successful sale by the same solicitor by auction or
private treaty.
(Morris
v.
Alien—91 I.L.T.R. 52).
LEGAL APPOINTMENTS.
MR.
SEAN O'HUADHAIGH, Solicitor, 51 Dawson
Street, Dublin has been appointed as solicitor for the
Attorney General in charity matters.
LAND COMMISSION COURT
THE Judicial Commissioner has issued the following
direction:—
" The Allocation Schedule shall be clearly and
accurately typewitten or legibly written in round-
hand on writing large post paper."
The above direction is in lieu of the first sentence
in paragraph 10 of the directions issued by the Judi
cial Commissioner dated the 5th February, 1924.
Dated i6th day of April, 1957.
M. GAVAGAN,
Chief Examiner.
MAYO SOLICITORS. BAR ASSOCIATION
AT the Annual General Meeting of the Association,
the following Officers and Committee were elected
for the year 1957-58 :—
President,
PATRICK J. MULLIGAN ;
Vice-President,
EDMUND A. CORR ;
Hon. Treasurer,
BRIDGET M. HYNES ;
Hon. Secretary,
WILLIAM DILLON-LEETCH.
Committee:
PATRICK J. BRENNAN, LAURENCE
GILL, THOMAS D. KELLY, MICHAEL MORAN and
PATRICK U. MURPHY.
OBITUARY
MR. WILLIAM THORNHILL, Solicitor, died on the
zoth February, 1957.
Mr. Thornhill served his apprenticeship with the
late Mr. Walter Thornhill, 46 South Mall, Cork,
was admitted in Hilary Sittings, 1896, and practised
at 46 South Mall, Cork, under the style of Walter
Thornhill & Son.
MR. HUGH C. F. O'DOHERTY, Solicitor, died at his
residence 18 Hyde Park, Dalkey, Co. Dublin, on
the 29th April, 1957.
Mr. O'Doherty served his apprenticeship with
the late Mr. Hugh C. O'Doherty, Londonderry,
was admitted in Hilary Sittings, 1915, and practised
at Derry and Buncrana under the style of Hugh C.
O'Doherty & Son.
MR. CHARLES M. RUSSELL, Solicitor, died at his
residence " Rath," Dundalk, Co. Louth, on the
6th May, 1957.
Mr. Russell served his apprenticeship with the
late Mr. William Russell, Downpatrick, was admitted
in Hilary Sittings, 1902, and practised at Dundalk
under the style of MacMahon Russell & Co.
MR. T. OSBORNE DAVIS, Solicitor, died at his resid
ence Ormiston, Putland Road, Bray, Co. Wicklow,
on the 1 3th May, 1957.
Mr. Davis served his apprenticeship with the
late Mr. Robert N. Potterton, 42 Fleet Street,
Dublin, was admitted in Hilary Sittings, 1920 and
practised at Bray, Co. Wicklow.
MR. HENRY ST. J. BLAKE, Solicitor, died at his
residence " Belmount," Galway,1
on the 1 5th May,
Mr. Blake served his apprenticeship with the late
Mr. James W. Blake, Galway, was admitted in
Michaelmas Sittings, 1923, and practised at Galway.
He was member of the Council of this Society
from 1933 to the date of his death. He was Vice-
President for the year 1937-1938 and President of
the Society for the year 1946-1947.
ii