The Gazette 1914-15

103

The Gazette of the Incorporated Law Society of Ireland.

APRIL, 1915]

Solicitors,

to

and Apprentices

Solicitors,

CHANCERY DIVISION. In re FitzGerald's Costs. (Before Barton, J.) 18th March, 1915.— Lands Clauses Acts— Compulsory acquisition of land under Housing of the Working Classes Acts— Purchasers' Solicitors' Costs—Solicitors' Remuneration Act, 1881, Schedule 1, Part I., Rule 11. In case of compulsory acquisition of land under the Lands Clauses Consolidation Act, the purchaser's solicitor is entitled to draw his costs under the old system by item. This was an appeal by Messrs. D. and T. Fitzgerald, Solicitors for the Pembroke Urban District Council, in reference to the principle upon which their Bill as such Solicitors should be taxed. The costs were concerned with the compulsory acquisition of lands in the Pembroke Township under the Housing of the Working Classes Acts. Messrs. Fitzgerald prepared their bill of costs under the old system by items, and when the bill came before the Taxing Master for taxa tion he stated that the three Taxing Masters had come to the conclusion that the costs of the purchasers in all cases of compulsory acquisition of land under the Land Clauses Acts must be dealt with under the first schedule of the General Order under the Solicitors Remuneration Act, and that Rule 11 of Schedule 1, Part 1, of the General Order applies only to vendors' Solicitor's costs, and he accordingly reduced the bill of costs by fixing the amount in the case of each lot acquired according to the scale under that schedule. From that decision Messrs. Fitzgerald appealed. It appeared that up to the present costs of this description had always been taxed outside the scale, and the Pembroke Urban Council raised no objection to the principle on which Messrs. Fitzgerald prepared their costs. Mr. Justice Barton, in giving judgment, held that the case relied on by the Taxing Master In re Stewart (41 Ch. D., 494) did not apply in Ireland, and that in so far as the bill of costs in question related to sales under the Land Clauses Consolidation Act, the scale did not apply. His Lordship accordingly allowed the appeal, and gave the appellants their costs.

serving in His Majesty's Forces. THE following is a list of Irish Solicitors, and of Apprentices to Irish Solicitors, who are serving in His Majesty's forces. Should the name of any Solicitor, or Apprentice, who is at present serving in His Majesty's forces be omitted from this list, or should there be any inaccuracy in the list, it is requested that information will be sent to the Secretary. SOLICITORS. Atkinson, Thomas J., Captain, 9th Batt., Royal Irish Fusiliers. Ball, George J., Captain (attached), Royal Engineers. Barron, Louis, Lieut., 7th Batt., Border Regiment. Bridge, Wm. P., " D " Co., 7th Batt., Royal Dublin Fusiliers. Campbell, Joseph P. V., 2nd Lieut., Army Service Corps. Cox, Pierse J., Motor Despatch Rider, Royal Engineers. Craig, Charles C., M.P., Captain, llth Batt., Royal Irish Rifles. Crozier, Fras. R. M., Captain, 6th Batt., Royal Irish Fusiliers. Cunningham, Frederick A., Captain, Royal Irish Rifles. Dunlea, Aloysius M., 2nd Lieut., 6th Batt., Royal Irish Regiment. Dunn, John V., Lieut., 7th Batt., Royal Munster Fusiliers. English, Robert D., Lieut., 8th Batt., Royal Dublin Fusiliers. Exham, Cecil H., 2nd Lieut., 4th Batt., Royal Munster Fusiliers. Falls, Chas. F., Major, llth Batt., Royal Inniskilling Fusiliers. Findlater, Herbert S., " D " Co., 7th Batt., Royal Dublin Fusiliers. Fottrell, Brendan J., Lieut., 3rd Batt., Royal Irish Regiment. Killed in action. Fry, Philip G., 2nd Lieut., 8th Batt., Royal Irish Fusiliers. Gait, William H. C., 2nd Lieut., 9th Batt., Royal Dublin Fusiliers. Gillespie, Thomas V., 2nd Lieut., 6th Batt., Royal Inniskilling Fusiliers. Gilmore, Dinnen B., 2nd Lieut., 6th Batt., Royal Dublin Fusiliers.