67 / 112
DECEMBER, 1909] The Gazette of the Incorporated Law Society of Ireland.
1843, and Section 6 of the Attornies and
Solicitors (Ireland) Act, 1849, provide, that
payment shall not preclude a Court or Judge
from referring a bill to taxation, if, in the
opinion of the Court or Judge, the special
circumstances of the case appear to require
same, provided
the application for such
reference be made within twelve calendar
months
after payment.
The Company
alleged various grounds which, in their view,
constituted " special circumstances."
The
chief of these was that in the bills as delivered
large sums were included as disbursements.
For instance, one bill as delivered amounted
to £631 3s., of which £469 consisted of dis
bursements—
e.g.,
Counsel's fees and printers'
bill.
It was admitted that a larger part of
these disbursemeats had not in fact, been paid
before delivery of the bill, though they were
paid long before the application for taxation.
The applicants relied upon the case of
Sadd v.
Griffin
(24
The Times,
L. R., 715 ;
[1908]
2 K.B., 510), in which it was held by the
Court of Appeal (England) that " disburse
ments " meant
actual payments before
delivery of the bill, and that any sum claimed
as disbursements which had not been so paid
must be disallowed.
It appeared in con
sequence of that decision a new rule, Order
65, Rule 27 (29a) (England), had been framed,
which provides that no disbursements shall be
allowed which have not been made before
delivery of the bill, unless the bill shall
expressly state that they have not then been
made, in which case they may be allowed if
actually made before the commencement of
the proceedings in which the taxation takes
place.
It appeared
that
the bills were
delivered on October 12, 1907, and that of
the disbursements in question, a printer's
bill was paid on October 28, 1907, and the
fees to Counsel on June 1, 1908. The bills
themselves were not paid on delivery, but
were satisfied by promissory notes and
cheques, some of which were at first dis
honoured. Ultimately, a moiety of the bills
was paid on May 21, 1908, and the balance on
June 23, 1908. The present summons to tax
was not taken out until December 16, 1908.
Mr. Justice Joyce held that there was no
special circumstances in this case, and refused
the application with costs.
» Reported
Times Law Reports,
Vol. xxvi.,
page 68.
Sessional Bar Association.
(COUNTY TIPPERARY, N.R., AND KING'S
COUNTY—BIRR DIVISION.)
A MEETING was held at Roscrea on 15th
November, 1909, to consider the formation
of the above Association and to draft rules
for same. The following members of the
profession were present :—Messrs.
J. H.
Dudley, James O'Brien, H. Shannon, P.
Macgrath, of Nenagh ;
Win. Bridge, Charles
J. Spain, William Dwyer, E. P. Bridge, of
Roscrea ; Messrs. A. H. Morgan, J. J. Ryan,
J. P Carrigan, L. J. Ryan, of Thurles ;
Thomas Mitchell, R. F. Barry. J. F. Power,
of Birr.
Mr. William Bridge presided.
Mr. Henry Shannon acted as Hon. Sec.
to the meeting.
The Hon. Sec. read a requisition convening
the meeting, to which was attached the
signatures of 23 of the members of the
profession practising in the County Tipperary,
N.R., and King's Co., Birr Division.
Letters were
read
from
the
following
regretting unavoidable absence, but promising
support :—Messrs. G. F. Corbett, Coughlan
and Casey, James J. Kearns, J. J. Kennedy
and M. J. O'Meara. Similar telegrams were
received during the course of the meeting
from Messrs. Michael Gleeson, C.S., Nenagh ;
A. C. Houlihan, Roscrea. The Hon. Sec.
stated that Messrs. A. Christie and P. V.
Loughrey had conveyed to him in a personal
interview
their intention
to support
the
Association.
It was unanimously decided to form the
above Association. Rules were submitted
and adopted, together with a schedule of
minimum
fees
to be charged by
those
members of the Association having their
chief country office in Co. Tipperary, N.R.,
and King's County, for all work transacted
by them in or out of said counties ;
and as
regards members having their chief country
office out of said counties, said minimum fees
to be charged for all work transacted by
them for clients resident in said counties, or
for work done in connection with land and
other property situate therein. The Rules
and fees
to come
into force on the 1st
January, 1910.^ Deputations were appointed
to wait upon members of the profession
practising in Tipperary, S.R.,^Queen's, King's