The Gazette 1949-1952

£ 10 on account, and the Irish solicitor, in reply, guaranteed payment of this amount. After the termination of the proceedings, the English solicitor sent to the Irish solicitor particulars o f his costs amounting to £59 8s. 3d. on which he allowed him agency of £ 14 9s. 9d. The Irish solicitor admitted liability for the sum o f ten guineas only. The Council decided that in the absence of a stipulation, express or implied, negativing or limiting the personal liability of the Irish solicitor, the latter solicitor is personally liable for the costs of the English agent, less the usual agency commission, and that on the facts submitted, the Irish solicitor was so liable. Lien for costs. Charging order A member acted for the plaintiff in an action for personal injuries, who refused, against his solicitor’s advice, to accept less than £1,000 damages. The sum o f £450 was lodged in Court with the defence. The action went to trial, and the jury awarded £450. The defendant’ s costs were deducted from the money lodged in Court. A cheque for the balance o f the damages, made payable to the plaintiff, was sent to the plaintiff’s solicitor. The solicitor handed the cheque to the plaintiff and was unable to recover his costs. It was decided to draw the attention o f the solicitor to the fact that in a matter of this kind he had a general retaining lien over the cheque until his costs had been paid, and furthermore that he could have applied to the Court under Section 3 o f the Legal Practitioners (Ireland) Act, 1876, for a charge on the amount o f damages received, being property recovered or preserved through his instrumentality, for his taxed costs in reference to the proceedings. Purchase o f property by public body. Costs. T he Secretary reported that in the case of Lanigan against the Carlow Mental Hospital Board, the Taxing Master had decided that Rule n o f the Solicitor’s Remuneration General Order, 1884, did not apply to the costs of the purchase by public auction of property for use as a mental hospital under the authority o f the Mental Treatment Act, 1945, which incorporates the provisions of the Lands Clauses Acts. An appeal had been taken on behalf o f the Hospital Board against the decision of the Taxing Master, and Mr. Justice Kingsmill Moore had allowed the appeal, and directed the costs should be taxed under Schedule 2. It was ordered that the Society should support an appeal to the Supreme Court against the decision o f Mr. Justice Kingsmill Moore. Nominations for Council and date o f ballot W ednesday , 1st November, 1950, was appointed as

the final date for receiving nominations for the Council, and Thursday 16th November, 1950, was appointed as the date of the ballot for the Council for the year 1950-51 pursuant to byelaw 29A. Landlord and Tenant Acts—costs T he Secretary reported that at the request of the Circuit Court Rules Committee, the President had appointed a special committee of the Council to draw up a scale o f costs as between party and party under the Landlord and Tenants Acts, to be included in the Circuit Court Rules. The Committee had met and prepared the draft scales of costs. The Council approved o f the scale subject to certain alterations, and the Secretary was directed to forward them to the Secretary o f the Circuit Court Rules Committee. LIBRARIAN The Council invite applications from solicitors and others for the position of librarian. Applications should reach the Society before 7th September, 1950. Particulars o f the salary and conditions of appointment may be obtained on application to the Secretary o f the Society, Solicitors’ Buildings, Four Courts, Dublin. EXAMINATION RESULTS A t the Intermediate Examination for apprentices to Solicitors held on the 1st and 2nd days of June, 1950, the following passed the examination :— Passed witb Merit 1. Edwin Russell McCloughan. 2. John Brendan O’Flynn. 3. Edward Patrick King. 4. John A. Greene. 5. Cecil Arthur Lavery. 6. John Anthony O’Meara. 7. Henry Kelly. 8. Timothy Ryan. 9. Enda C. Gearty. 10. Thomas P. Kelly, n . David Punch. Passed Bernard M. Brennan, Bernard Thomas Burke, Henry W. Burleigh, Finbar F. Callanan, Patrick J. Cody, Simon D. J. Comer, Patrick J. Cusack, Francis B. Geary, William F. Harpur, Francis G. Keane, Ivan William Peter Kelly, John Vincent Kelly, James H. Mackey, Felim H. Meade, Mary Moore, Nora Mary Murphy, Mary Noone, John A. Phelan, William Reginald White. The remaining candidates are postponed. Thirty-eight candidates entered; 30 passed; 7 were postponed; one did not attend. 14