The Gazette 1911-12

1'25

The Gazette of the Incorporated Law Sooiety of Ireland.

APRIL, 1912]

judicial tenant of the land, and had entered into an agreement to purchase her holding under the Land Purchase Act of 1903. The facts of the case are fully reported in the report of the case before the County Court, contained in the GAZETTE of February, 1912, page 102. Mr. Henry, K.C., and Mr. R. E. Osborne (instructed by Mr. J. C. B. Proctor, LL.D.) appeared for the plaintiff (Respondent) ; and Mr. Wylie (instructed by Mr. Horner) appeared for the defendants (Appellants). Mr. Henry stated that Mr. Proctor had acted for Mrs. Crilly, on whose land a site had been taken by the Rural District Council for the erection of a labourer's cottage. Mr. Proctor furnished title, and sent in his bill, amounting to £2 10s. Id., but received a letter from the Clerk of the Council to the effect that, as Mrs. Crilly was a judicial tenant, the fee payable for deducing title under the Labourers Order of the Local Government Board of 1910 was only 10s. 6d. He sub mitted that that portion of the Local Govern ment Board Order, 1910, which limited the term " Owner " or " Lessee " was ultra vires. Further, that in this case title to a greater interest than that of an occupier was called for by the local authority, and therefore, under the Housing of the Working Classes Act, 1890, Sec. 22, which was incorporated by the Labourers Act, 1906, Sec. 3, he was entitled to recover the amount sued for. Mr. Wylie submitted three arguments for the defence : First, that Mr. Proctor could not succeed in an action brought on his own behalf. A Solicitor could sue his own client in respect of fees, but he was not entitled to sue a third party for work done on behalf of his client. Secondly, that there must be a certificate of taxation before plaintiff would be entitled to sue. Thirdly, that the Local Government Board Order, 1910, is valid and binding, and the work sued for was done subsequent to the date of the Order. Mr. Henry said, as regards the point that Mr. Proctor could not sue, the Council had in their letters recognised Mr. Proctor as the person entitled to put forward the claim. This point was not raised in the County Court, where, if it had been, His Honour would have added the name of Mrs. Crilly as a co-plaintiff. A certificate of taxation was not necessary. Mr. Proctor had, under

thought the rule was most unjust. The Local Government Board said that not more than a fee of 10s. 6d. should be paid under any circumstances, but they forgot that although they might limit the fee they could not compel a Solicitor to undertake the work for the money. He thought the Ballymoney Solicitors were perfectly right to bind them selves together and refuse any fee of the sort. It was only about one-sixth, and hardly that, of the scale fee that would be allowed under the Solicitors Remuneration Act. What position was the unfortunate Mr. Armour in ? There was not a Solicitor who would touch him, and he could not do the work himself. He would know as much about making out an abstract of title as he would about making an aeroplane. Mr. Greer most properly refused the title, and the money was paid into Court. The only case in which costs had ever been refused was where the vendor carelessly, negligently, or unreasonably had refused to make out title, but that was not the case here, as Mr. Armour did not do anything like that. He could not get a Solicitor to do the work for him, and he could not do it himeslf. His opinion was that there was nothing unreasonable in Mr. Armour's conduct, and he would order the Rural Council to pay the costs, including Counsel, which were not to exceed £10, and were to be taxed by the Registrar. (Reported I.L.T., Vol. xlvi., page 62.) LONDONDERRY SPRING ASSIZES. (Before DODD, J.) PROCTOR v. LIMAVADY RURAL DISTRICT COUNCIL. March 21, 1912.— Labourers Acts Costs— Furnishing title on behalf of judicial tenant who had signed an agreement to purchase under Land Purchase Acts — Labourers (Ireland) Order, 1910. This was an appeal by the defendants against a decree granted by His Honour Judge Overend, County Court Judge of Londonderry, for the sum of £2 10s. Id., amount of a bill of costs of Mr. J. E. Proctor, Solicitor, for furnishing title in January, 1911, to a plot of land taken by the Limavady Rural District Council under the Labourers Acts, from Mrs. Martha Crilly, who was a