The Gazette 1911-12

APRIL, 19121

The Gazette of the Incorporated Law Society of Ireland.

123

upon the 15th March, 1912, at his residence 22 Fitzwilliam Place, Dublin. Mr. FitzGerald, who served his apprentice ship with his brother, the late Mr. David FitzGerald, 20 St. Andrew Street, Dublin, was admitted in Trinity Term, 1843, and was senior partner in the firm of Messrs. D. & T. FitzGerald, of 20 St. Andrew Street, Dublin. Mr. FitzGerald was appointed Crown- Solicitor for the Counties Donegal and Londonderry in 1846, and filled the position up to the year 1910, when he retired. MR. ROBERT W. PEEBLES, Solicitor, died upon the 25th March, 1912, at his residence 9 North Frederick Street, Dublin. Mr. Peebles, who served his apprentice ship with his father, the late Mr. William Peebles, 9 North Frederick Street, Dublin, was admitted in Easter Term, 1862, and practised at 9 North Frederick Street, Dublin, latterly in partnership with Mr. George M. Knox (who carries on the business), under the style of Peebles and Knox. Mr. Peebles was a member of the Council of the Incorporated Law Society from the year 1895 to 1901, and filled the office of Vice-President of the Society in 1901. Recent Decisions affecting Solicitors. (Notes of decisions, whether in reported or unreported cases, of interest to Solicitors, are invited from Members.) LABOURERS (IRELAND) ORDER, 1910. EQUITY SESSIONS. Before.His HONOUR JUDGE ORR, K.C. In the Matter of a Petition by THOMAS LYLE ARMOUR to draw money out of Court lodged under the Trustee Act, 1898, the Labourers (Ireland) Act, 1906, and an Affidavit of T. B. HAMILTON. Ballymena, Jan. 31, 1912.— 'Costs—Abstract of title—Labourers Acts—Local Govern ment Board Order, 1910. The facts appear sufficiently from the arguments and judgment. Mr. R. R. M'Cutcheon (instructed by Mr. Taggart), upon behalf of the petitioner, stated, that the money lodged in Court represented the purchase money and com­

pensation payable to Thomas Lyle Armour in respect of la. Or. 20p. of land taken from him compulsorily for a site for two cottages in the townland of Knocknahinch, in the County of Antrim. Mr. Armour was requested by the Ballymoney Rural District Council to furnish title to the said plot, and his solicitor furnished a short statement to the Solicitors for the said Council. They considered this insufficient, and wrote Mr.' Armour's Solicitor to furnish a twenty-years' title. He replied that he was not prepared to do so for the fee of 10s. 6d. under the Labourers (Ireland) Order, 1910, and, unless the Council agreed to pay reasonable remun eration for the work to be done, he could not act further in the matter. After communicat ing with the Local Government Board the Council refused to pay any further fee. Mr. Armour then attempted to get other Solicitors in the town of Ballymoney to furnish title on his behalf for the fee of 10s. 6d. allowed by the Local Government Board, but they all refused to do so, and told him that no Solicitor in the town would do the work at this fee. The compensation was then lodged in Court. Counsel read the petition, and produced several documents showing his client's title, and applied for the payment of the sum lodged in Court, with the costs of the application. Mr. T. M. Greer (Solicitor) appeared for the Ballymoney Rural District Council, and said that he had no objection to the money being paid to the petitioner having regard to the full statement of title contained in the petition, but contended that the petitioner should be deprived of costs on account of his unreason able conduct in not furnishing full title when requested to do so by the Council. He stated that the fee of 10s. 6d. certainly seemed inadequate, but was the amount of costs allowed by the Local Government Board under the Order referred to by Mr. McCutcheon, which the Board had power to make under S. 31 of the Labourers Act, 1906, and had therefore all the force and effect of an Act of Parliament. As soon as the award fixing the amount of the purchase money and compensation was completed, the Council, under clause 10 of the Schedule to the Housing of the Working Classes Act, 1890, required all persons claiming to have any right to or interest in the lands to deliver