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the respondent to amend his notice of appeal from
the High Court's decision, to contend that there was
no appeal to the High Court from the District Court
by way of case stated on a preliminary point. Having
heard the appeal on this point the Supreme Court
decided, reversing a previous decision of the High
Court, that an appeal did not lie in such a case, and
allowed the respondent his costs of the appeal.
The respondent's costs were taxed by Master
O'Reilly who allowed senior counsel £42 on the brief
and refreshers of
£2.6
55. The respondent in his bill
of costs had charged fees of £105 on the brief and
refreshers of £42. The respondent appealed to the
High Court against the disallowance of counsel's
fees, when Murnaghan J. upheld the decision of the
Taxing Master.
The respondent appealed against the decision of
Murnaghan J., and the Supreme Court (O'Dalaigh
and McLoughlin, J. J., Maguire C. J. dissenting) re
ferred the bill back to the Taxing Master to reconsider
the allowances of the fees to counsel. O'Dalaigh J.,
stated that whilst the Master paid due attention to the
importance of the case from the respondent's point
of view, he did not appear to have looked at the im
portance of the case from the point of view of the
Attorney General for the public and in looking at the
case, only having regard to its interest for the re
spondent, the Master acted erroneously. Further if,
as appeared, the Master took into consideration the
fact that the case had been argued by the respondent's
counsel in the District Court, and for that reason re
duced counsel's fees he acted on a wrong principle.
(The Attorney-General
v.
Simpson—unreported—
judgment given by Supreme Court on 14 October,
1958.)
THE REGISTRY
Register B
SOLICITOR, experienced, seeks assistantship. Minister. Box
6.233.
REGISTRATION OF TITLE ACTS,
1891 AND 1942.
NOTICE
FOLIO 104,
COUNTY KERRY.
Registered Owner :
JAMES CULLOTY.
An Application has been made by the Registered
Owner for the issue of a Certificate of Title in
substitution for the Certificate specified
in the
Schedule hereto, which, it is alleged has been lost
or inadvertently destroyed.
A Duplicate Certificate will be issued unless a
notification is received in this Registry within 28
days from the date of this Notice that the said
Certificate of Title is still in existence and in the
custody of some person other than the above named
registered owner. Any such notification should state
the grounds on which the Certificate is being held.
Dated this 28th day of December, 1958.
JOSEPH O'BYRNE,
Registrar of Titles.
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
Land Certificate of James Culloty to yoa. ir. 4p.
of the lands of Garrane situate in the Barony of
Trughenackmy and County of Kerry being the
lands comprised in said folio.
THE SOLICITORS' BENEVOLENT ASSOCIATION
The Association, which operates throughout the whole of Ireland, cares for Solicitors, their wives
widows and families, who have fallen on hard times.
Last year over £2,000 was distributed in relief. Additional subscriptions, donations and bequests
are urgently needed to continue and extend the Association's work.
The active co-operation of the profession in the Association's good work is asked for, and all who are
not members are urged to join without delay.
Membership subscription,
£1 Is.
Od. (or 10s. 6d. if admitted less than 3 years) a year.
£10
10s. Od.
life membership.
Address:
SECRETARY,
SOLICITORS' BENEVOLENT ASSOCIATION,
18, HOME STREET,
DUBLIN.
Printed by Cakitt <k Co. Ltd., Parkgate Printing Works, Dublin.
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