The Gazette 1952-1955

discontinuance o f the Index o f Lands in the Registry

o f Deeds. A letter on the subject from the Registrar

o f Titles was considered. It was decided that the

representations should be made to the Registrar

that the Index o f Lands should not be discontinued.

Sale o f Lands held on a Tenancy from the

Land Commission.

e m b e r s

enquired whether the commission scale

fee is chargeable on the sale o f lands held on a

tenancy from the Irish Land Commission and the

Secretary was directed to reply that in the opinion

o f the Council the commission scale fee is chargeable

provided that the work prescribed by the General

Orders is substantially performed.

Courts o f Justice Bill, 1953.

h e

o u n c il

on a report from a Committee decided

that a letter should be written to the Secretary,

Department o f Justice, expressing the opposition

o f the Council to a number o f amendments put

down on the Committee stage o f the Bill. The

amendments if passed would increase the jurisdiction

o f the District Court to £ 100 in Contract and Tort

and would increase the jurisdiction o f the Circuit

Court in Contract, and Tort to £1,000. Other

amendments sought to confer jurisdiction in title

and defamation in the District Court. A memor

andum from the Council approving o f the increased

jurisdiction proposed in the B ill as introduced has

already been sent by the Society to the

M in is ter.

ORDERS OF TH E CH IEF JU ST IC E

u r s u a n t

to order o f the Chief Justice the name of

Frederick J. Wright, formerly practising at Naas,

County Kildare, has been struck off the roll on a

report from the Statutory Committee

fin d in g

him

guilty o f professional misconduct.

By order o f the Chief Justice dated 24th July

1953 Reuben J. Dodd o f 33 Lower Ormond Quay,

Dublin, was censured and ordered to pay the costs

o f the Society and the applicant before the Statutory

Committee on whose report he had been found to

have committed professional misconduct.

By order o f the Chief Justice dated 24th July

953, William E. Godfrey o f Gorey, Co. Wexford,

was censured and ordered to pay the costs o f the

Society and o f the applicant before the Statutory

Committee on whose report he had been found to

have committed professional misconduct.

READM ISSION

ursuant

to Order o f the Supreme Court dated

3rd day o f Ju ly 1953 affirming on appeal an order

o f the Chief Justice the name of John Joseph

Kennedy o f 51 Whitworth Road, Dublin, has been

restored to the Roll o f Solicitors.

DECISIONS OF PROFESSIONAL IN TER E ST

In an action in the Circuit Court in which the principal

relief sought was an injunction to restrain the wrongful

user o f a right o f way so that f o r the purpose o f costs the

action was an equity proceeding within the meaning o f

C.C.R.,

1950 0.58,

(II). should the subject

matter o f the action pursuant to Rule

o f the Order he

valued by reference to the market value o f the servient

tenement or by the market value, i f ascertainable, o f the

right o f way itself ?

Per, His Hon. Judge Binchy the value o f the

right o f way, the subject matter o f the action, must

be taken as being the market value o f the servient

tenement and the costs must be taxed accordingly.

In the case before the Court the right o f way was

granted in 1943 in consideration o f a lump sum of

£ 150 . The market value o f the serviant tenement

was admitted to exceed £500 (O’Meara

Ryan •

87 I.L .T .R . (1953) 143.)

Beneficiaries under a w ill commenced an action by writ

against the trustees claiming an account o f remuneration

received by the trustees as directors o f a limited company,

on the footing that such remuneration was trust moneys.

The Court found in favour o f the beneficiaries, on some

points and in favour o f the trustees on others, and ordered

that the costs o f all parties should be taxed as between

solicitor and client and retained and pa id by the trustees

out o f the trust fund. On taxation the Taxing Master

disallowed on the trustees' bill o f costs sums amounting to

£437,

most o f which was represented by counsels' fees.

Were the trustees nevertheless entitled to raise the fu ll

amount o f their costs including the sum o f

£437

out of

the trust fund, on the basis that as trustees they were

entitled to an indemnity against costs

No. Per, Vaisey, J ., “ It is said that the trustees

are prima facie entitled to have their costs provided

to such an extent and in such manner as to afford

them a complete indemnity . . . I think that although

this action was, perhaps, to some extent for the

benefit o f the estate, it was still more an action which

was concerned with the rights o f the trustees

personally to obtain moneys for their own personal

use . . . . I find no sufficient indication that he

(the trial judge) intended the trustees to have

more than costs as between solicitor and client.”

The distinction between costs as between solicitor

and own client and costs as between solicitor and

client is well known, the former giving the recipient

the right to a complete indemnity against all costs

paid, the latter being something between a complete

indemnity and party and party costs. (Re Dargie,

1933 2 A ll E. R. 577).

The plaintiffs, a firm o f chartered accountants, claimed

damages from the defendant who has been in their employ-