The Gazette 1914-15

[APRIL, 1915

The Gazette of the Incorporated Law Society of Ireland.

102

of Hockley Lodge, Co. Armagh. They also, at the request of Mr. Wilson, the purchaser, acted for him, and claimed the full scale fee payable to a purchaser's Solicitor under the Solicitors Remuneration Act, 1881. Mr. Wilson paid the amount, but later raised the point that Messrs. Best and Best were only entitled to charge him half fees, and to look to the vendor for the other half. Messrs. Best and Best returned his cheque, and sent him their bill of costs. The Taxing Master allowed the full scale fee' claimed by Messrs. Best and Best, finding that the work necessary to be done by a purchaser's solicitor to entitle him to charge the scale fee prescribed by Schedule I., Part I. of the General Order made pursuant to the Solicitors Remuneration Act, 1881, had been.done by them. Mr. Wilson appealed, and Mr. Justice Barton affirmed the decision of the Taxing Master, with costs. CHANCERY DIVISION. Nowlan v. Delaney. (Before Barton, J.) llth March, 1915— County Court Equity Suit. Mortgagee's costs — Measuring of costs by Judge. The County Court Judge having ordered payment of the costs of the plaintiff in an equity suit brought to raise the amount of a judgment mortgage, those costs should be referred for taxation, and not fixed against the desire of the plaintiff, at a sum measured by the Judge. This was an appeal in a County Court equity suit brought to raise the amount of a judgment mortgage. The suit was concluded by an order of the Recorder of Dublin on 5th January last, directing the payment of the proceeds of a sale to the various parties entitled. The order measured the plaintiff's costs at a sum of £42, which was fixed by the Recorder, and from that part of the order the plaintiff appealed on the ground that he was entitled to have his costs referred to the Clerk of the Crown and Peace for taxation. Mr. Justice Barton held that the plaintiff was entitled to have his costs taxed, and referred them for taxation to the Clerk of the Crown and Peace, and allowed the plaintiff his costs of the appeal.

Roll of Honour.

LIEUTENANT FOTTRELL, Solicitor, of the 3rd Battalion, Royal Irish Regiment,'was killed in action while serving with the British Expeditionary Force in France, on the 15th March, 1915. Lieutenant Fottrell served his apprentice ship with Mr. Francis J. Fottrell, 46 Fleet Street, Dublin, was admitted in Michaelmas Sittings, 1908, and practised in partnership with his father, Mr. John G. Fottrell, and Mr. Francis J. Fottrell (under the style of Messrs. George D. Fottrell and Sons), at 46 Fleet Street, Dublin, and at Kells, County Meath. BRENDAN J. O'Connell, John D., Tralee. Calendar of the Incorporated Law Society, 1915. THE Calendar and Law Directory, published by the Society for 1915, can be obtained in the Secretary's Office, price three shillings, or by post three shillings and fourpence. Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) CHANCERY DIVISION. In re Solicitors Remuneration Act, 1881— Wilson and Best and Best. (Before Barton, J.) 3rd March, 1915.— Solicitors Remuneration Act—Solicitor acting for both vendor and purchaser. A Solicitor who acts for both vendor and purchaser, having done all the work necessary to be done for a purchaser in order to entitle him to the scale fee, is entitled to be paid by the purchaser the full scale fee. This matter came before the Court on appeal from a decision of the Taxing Master. Messrs. Best and Best, acting as Solicitors for the vendor on the sale of certain lands in Co. Armagh, sold them to Mr. James Wilson, New Member. THE following joined the Society during March, 1915 :—