The Gazette 1911-12

The Gazette of the Incorporated Law Society of Ireland.

[JANUARY,

80

pursuant to the provisions of Section 37 of the Solicitors Act, 1843. The ground upon which this defence was raised was that the plaintiff posted the signed bill of costs late in the day on 15th February, and in the ordinary course of post this would not have reached the defendant before the 16th February. The plaintiff commenced his action on the 16th March. On these facts the Common Sergeant held that the defence was good, and that the plaintiff had brought his action before the expiration of one month from the delivery of the bill, as required by Section 37 of the Solicitors Act, 1843. By Section 48 of that Act it is provided that in the construction of that Act the word " month " shall be taken to mean a calendar month (Section 9 of the Solicitors (Ireland) Act, 1849, makes a similar provision relative to the word month " in that Act). Accord ingly he dismissed the action. The Divisional Court dismissed the appeal of the plaintiff on the same grounds. The plaintiff appealed to this Court. It was contended on his behalf that the bill " was sent by the post " as soon as it was put into the letter box, and that time ran from that moment; and further, that in^computing the period of a calendar month under Section 37, the day at one end of the period was to be counted, and that at the other was not to be counted. It was held by the Court (Buckley, L.J., dissenting) that the words " sent by the post " referred to the time when, in ordinary course of post, such bill would be delivered to the client, and not to the time when it was posted ; and that where the bill is " sent by post to " the person to be charged, time runs from the day when the bill would be delivered in ordinary course of post, the period of one month to be reckoned exclusively of that day and of the day on which the action is commenced. The appeal was dismissed, and the decision of the Divisional Court was confirmed. (Reported Solicitors' Journal, Vol. Ivi., p. 144.) The Public Trustee, Ireland. (Irish Land Act, 1909, Sec. 38 (1) a). LIST of Securities in which investments have been approved by the Public Trustee, Ireland, to 29th December, 1911.

Trustees desiring to invest purchase money under Section 38 (1) (a) must in every case make direct application to the Public Trustee, Ireland, for his sanction. Argentine Government, 4i-% 1888-9 Sterling Conversion Loan. Argentine Government, 4% Bonds, 1908. Argentine Government, 4|-% Internal Gold Loan, 1888. Argentine Government Railway Guarantee Rescission, 4% Bonds. Argentine Government, 4% Bonds, 1899. Argentine Government, 5% 1884 Loan. Argentine Government, 3J% External Ster ling Bonds, 1889. Argentine Government, 4% 1897 Bonds. Argentine Government, 4% Loan, 1898. Argentine Government, 5% Railway Bonds of 1890. Argentine Government, 5% Internal Gold Loan, 1907. Argentine Government, 5% Internal Gold Loan, 1909. Argentine Government, 5% Loan, 1886-7. Argentine Northern Central Railway Ex tensions, 5% Government Mortgage Bonds. Brazilian Government, 4% Bonds, 1889. Brazilian Government, 4% Rescission Bonds. Brazilian Government, 4% 1910 Loan. Brazilian Government, 4|-% 1883 Loan. Brazilian Government, 4J% 1888 Loan. Brazilian Government, 5% 1908 Loan. Brazilian Government, 5% 1895 Loan. Brazilian Government, 4% 1911 Loan. Chilian Government, 4|% 1886 Bonds. Chilian Government, 4|% Loan, 1893. Chilian Government, 5% 1905 Loan. Chilian Government, 4|% Loan, 1895. Chilian Government, 4|% Gold Loan, 1906. Chilian Government, 5 % 1896 Loan. Chilian Government, 5 % Loan, 1910. Chilian Government, 5% 1911 Loan. Chilian Government, 5% 1911 Loan, 2nd series. Chinese Government, 4J% Gold Loan, 1898. Chinese Government, 5% 1896 Gold Loan. Chinese Government, 5% Gold Loan, 1908. Chinese Government, 5% Tientsin Pukow Railway Loan. Cuban Government, 4|% Gold Bonds, 1949. Egyptian Government, 3|-% Preference. Egyptian Government, 3J% Preference Inscribed Stock. Egyptian Government, 4% Unified Debt.

Made with