The Gazette 1910-11

132

The Gazette of the Incorporated Law Society of Ireland,

[JULY, 1910

1876, and practised at Carrick-on-Suir up to the year 1891, when he retired. Legal Appointments. MR. JAMES G. FRANKS, Solicitor, Dublin, has been appointed an Examiner to the Irish Land Commission. Mr. Franks was admitted in Hilary Sittings, 1901, and practised at 18 Stephen's Green, Dublin. The Lord Lieutenant has appointed Mr. Patrick S. Brady, Solicitor, to be a Resident Magistrate for the County of Galway, under the provisions of the Act Wm. IV., Cap. 13. Mr. Brady was admitted a Solicitor in Hilary Sittings, 1901, and practised at Belfast. The Lord Lieutenant has appointed Mr. Joseph Carroll, Solicitor, to be a Resident Magistrate under the provisions of the Act Wm. IV., Cap. 13. Mr. Carroll was admitted a Solicitor in Hilary Sittings, 1891, and practised at Newry. Mr. William J. Dunlea, LX.D., Solicitor, has been appointed Professor of Law of Contracts, of Personal Property and of Torts, to the University College, Cork. Mr. Dunlea obtained the Findlater Scholar ship, and was admitted in Trinity Sittings, 1888, and practises at 59 South Mall, Cork. Commissioners to Administer Oaths. THE Lord Chancellor has appointed the following to be Commissioners to administer Oaths :— Edmund W. Kelly, Clerk of Petty Sessions, Kilkelly, Co. Mayo. Edmond Moore, Solicitor's Assistant, Tralee. Recent Decision affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) CHANCERY DIVISION, LAND JUDGES. (Before Ross, J.) ESTATE OF ASSIGNEES OF PILKINGTON. July 4, 1910.— Costs of sale—Apportionment over lots for sale. AN application was made by Mr. James Robinson, Solicitor, one of the trustees of

the Will of Mr. Archibald Robinson, senior, deceased, for directions as to the apportion ment of the costs of the proceedings for sale in this matter, the estate being an insolvent one. Mr. Robinson stated that the property consisted of houses and premises situate in Dublin and Wicklow, on portion of which the executors of the late Mr. Archibald Robinson had a charge, and the petitioner and other incumbrancers had puisne charges on the portion affected by the executors' mortgage as well as on other portions of the property not affected by such mortgage. The premises were put up for sale in Novem ber last, the property being divided into 25 lots, some of which were then sold, others having since been sold and the residue still remaining unsold. The Solicitors having carriage estimated the value of the premises subject to the Robinson Mortgage, including in such estimate the value of the unsold lots affected thereby, at something over £2,500, and the value of the premises not affected by this mortgage at about £1,000, and on this basis proposed that about 25-35ths of the costs should be paid out of the proceeds of the sale of the premises subject to the executors' mortgage, and the remaining 10-35ths out of the proceeds of the sale of the other properties. Mr. Robinson objected to this mode of apportioning the costs, pointing out that assuming the work in connection with each of the lots was equal, as his mortgage only affected 12 out of 25 lots, the property thereby affected should bear less than half the costs. He also stated that there were various applications from time to time during the proceedings for sale (the costs of which were included in the petitioner's costs) which related exclusively to property not affected by his mortgage, and consequently it would be inequitable to apportion the costs as suggested, and he also pointed out that if the costs were apportioned according to the annual rental, he would only have to bear 22-50ths instead of upwards of two-thirds of the costs, as proposed by the Solicitors having carriage, and contended that the costs should be segregated as between the various lots, having regard to the work necessary in connection with same.