The Gazette 1952-1955

discontinuance o f the Index o f Lands in the Registry o f Deeds. A letter on the subject from the Registrar o f Titles was considered. It was decided that the representations should be made to the Registrar that the Index o f Lands should not be discontinued. Sale o f Lands held on a Tenancy from the Land Commission. M e m b e r s enquired whether the commission scale fee is chargeable on the sale o f lands held on a tenancy from the Irish Land Commission and the Secretary was directed to reply that in the opinion o f the Council the commission scale fee is chargeable provided that the work prescribed by the General T h e C o u n c il on a report from a Committee decided that a letter should be written to the Secretary, Department o f Justice, expressing the opposition o f the Council to a number o f amendments put down on the Committee stage o f the Bill. The amendments if passed would increase the jurisdiction o f the District Court to £ 100 in Contract and Tort and would increase the jurisdiction o f the Circuit Court in Contract, and Tort to £1,000. Other amendments sought to confer jurisdiction in title and defamation in the District Court. A memor­ andum from the Council approving o f the increased jurisdiction proposed in the B ill as introduced has already been sent by the Society to the M in is ter. ORDERS OF TH E CH IEF JU ST IC E P u r s u a n t to order o f the Chief Justice the name of Frederick J. Wright, formerly practising at Naas, County Kildare, has been struck off the roll on a report from the Statutory Committee fin d in g him guilty o f professional misconduct. By order o f the Chief Justice dated 24th July 1953 Reuben J. Dodd o f 33 Lower Ormond Quay, Dublin, was censured and ordered to pay the costs o f the Society and the applicant before the Statutory Committee on whose report he had been found to have committed professional misconduct. By order o f the Chief Justice dated 24th July t 953, William E. Godfrey o f Gorey, Co. Wexford, was censured and ordered to pay the costs o f the Society and o f the applicant before the Statutory Committee on whose report he had been found to have committed professional misconduct. READM ISSION P ursuant to Order o f the Supreme Court dated 3rd day o f Ju ly 1953 affirming on appeal an order o f the Chief Justice the name of John Joseph 40 Orders is substantially performed. Courts o f Justice Bill, 1953.

Kennedy o f 51 Whitworth Road, Dublin, has been restored to the Roll o f Solicitors. DECISIONS OF PROFESSIONAL IN TER E ST In an action in the Circuit Court in which the principal relief sought was an injunction to restrain the wrongful user o f a right o f way so that f o r the purpose o f costs the action was an equity proceeding within the meaning o f C.C.R., 1950 0.58, r. 29 (II). should the subject matter o f the action pursuant to Rule 25 o f the Order he valued by reference to the market value o f the servient tenement or by the market value, i f ascertainable, o f the right o f way itself ? Per, His Hon. Judge Binchy the value o f the right o f way, the subject matter o f the action, must be taken as being the market value o f the servient tenement and the costs must be taxed accordingly. In the case before the Court the right o f way was granted in 1943 in consideration o f a lump sum of £ 150 . The market value o f the serviant tenement was admitted to exceed £500 (O’Meara v. Ryan • 87 I.L .T .R . (1953) 143.) Beneficiaries under a w ill commenced an action by writ against the trustees claiming an account o f remuneration received by the trustees as directors o f a limited company, on the footing that such remuneration was trust moneys. The Court found in favour o f the beneficiaries, on some points and in favour o f the trustees on others, and ordered that the costs o f all parties should be taxed as between solicitor and client and retained and pa id by the trustees out o f the trust fund. On taxation the Taxing Master disallowed on the trustees' bill o f costs sums amounting to £437, most o f which was represented by counsels' fees. Were the trustees nevertheless entitled to raise the fu ll amount o f their costs including the sum o f £437 out of the trust fund, on the basis that as trustees they were entitled to an indemnity against costs ? No. Per, Vaisey, J ., “ It is said that the trustees are prima facie entitled to have their costs provided to such an extent and in such manner as to afford them a complete indemnity . . . I think that although this action was, perhaps, to some extent for the benefit o f the estate, it was still more an action which was concerned with the rights o f the trustees personally to obtain moneys for their own personal use . . . . I find no sufficient indication that he (the trial judge) intended the trustees to have more than costs as between solicitor and client.” The distinction between costs as between solicitor and own client and costs as between solicitor and client is well known, the former giving the recipient the right to a complete indemnity against all costs paid, the latter being something between a complete indemnity and party and party costs. (Re Dargie, 1933 2 A ll E. R. 577). The plaintiffs, a firm o f chartered accountants, claimed damages from the defendant who has been in their employ-