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APRIL, 19121
The Gazette of the Incorporated Law Society of Ireland.
123
upon the 15th March, 1912, at his residence
22 Fitzwilliam Place, Dublin.
Mr. FitzGerald, who served his apprentice
ship with his brother, the late Mr. David
FitzGerald, 20 St. Andrew Street, Dublin,
was admitted in Trinity Term, 1843, and was
senior partner in the firm of Messrs. D. & T.
FitzGerald, of 20 St. Andrew Street, Dublin.
Mr. FitzGerald was appointed Crown-
Solicitor
for
the Counties Donegal and
Londonderry in 1846, and filled the position
up
to
the year
1910, when he retired.
MR. ROBERT W. PEEBLES, Solicitor, died
upon the 25th March, 1912, at his residence
9 North Frederick Street, Dublin.
Mr. Peebles, who served his apprentice
ship with his father, the late Mr. William
Peebles, 9 North Frederick Street, Dublin,
was admitted in Easter Term, 1862, and
practised at 9 North Frederick Street, Dublin,
latterly in partnership with Mr. George M.
Knox (who carries on the business), under
the style of Peebles and Knox.
Mr. Peebles was a member of the Council
of the Incorporated Law Society from the
year 1895 to 1901, and filled the office of
Vice-President of the Society in 1901.
Recent Decisions affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors,
are invited from Members.)
LABOURERS (IRELAND) ORDER, 1910.
EQUITY SESSIONS.
Before.His HONOUR JUDGE ORR, K.C.
In the Matter of a Petition by THOMAS LYLE
ARMOUR
to draw money out of Court
lodged under the Trustee Act, 1898, the
Labourers (Ireland) Act, 1906, and an
Affidavit of T. B. HAMILTON.
Ballymena, Jan. 31, 1912.—
'Costs—Abstract
of title—Labourers Acts—Local Govern
ment Board Order,
1910.
The facts appear sufficiently from the
arguments and judgment.
Mr. R. R. M'Cutcheon (instructed by Mr.
Taggart), upon behalf of
the petitioner,
stated, that the money lodged in Court
represented the purchase money and com
pensation payable to Thomas Lyle Armour
in respect of la. Or. 20p. of land taken from
him compulsorily for a site for two cottages
in the townland of Knocknahinch, in the
County
of Antrim.
Mr. Armour was
requested by the Ballymoney Rural District
Council to furnish title to the said plot, and
his solicitor furnished a short statement to
the Solicitors for the said Council.
They
considered this insufficient, and wrote Mr.'
Armour's Solicitor to furnish a twenty-years'
title. He replied that he was not prepared
to do so for the fee of 10s. 6d. under the
Labourers (Ireland) Order, 1910, and, unless
the Council agreed to pay reasonable remun
eration for the work to be done, he could not
act further in the matter. After communicat
ing with the Local Government Board the
Council refused to pay any further fee. Mr.
Armour then attempted to get other Solicitors
in the town of Ballymoney to furnish title
on his behalf for the fee of 10s. 6d. allowed by
the Local Government Board, but they all
refused to do so, and told him that no
Solicitor in the town would do the work at
this fee. The compensation was then lodged
in Court.
Counsel read the petition, and
produced several documents showing his
client's title, and applied for the payment of
the sum lodged in Court, with the costs of
the application.
Mr. T. M. Greer (Solicitor) appeared for the
Ballymoney Rural District Council, and said
that he had no objection to the money being
paid to the petitioner having regard to the full
statement of title contained in the petition,
but contended that the petitioner should be
deprived of costs on account of his unreason
able conduct in not furnishing full title when
requested to do so by the Council.
He
stated that the fee of 10s. 6d. certainly seemed
inadequate, but was the amount of costs
allowed by the Local Government Board
under
the Order
referred
to
by Mr.
McCutcheon, which the Board had power to
make under S. 31 of the Labourers Act, 1906,
and had therefore all the force and effect of
an Act of Parliament. As soon as the award
fixing the amount of the purchase money
and
compensation was
completed,
the
Council, under clause 10 of the Schedule to
the Housing of the Working Classes Act,
1890, required all persons claiming to have
any right to or interest in the lands to deliver