The Gazette 1958-61

the respondent to amend his notice of appeal from the High Court's decision, to contend that there was no appeal to the High Court from the District Court by way of case stated on a preliminary point. Having heard the appeal on this point the Supreme Court decided, reversing a previous decision of the High Court, that an appeal did not lie in such a case, and allowed the respondent his costs of the appeal. The respondent's costs were taxed by Master O'Reilly who allowed senior counsel £42 on the brief and refreshers of £2.6 55. The respondent in his bill of costs had charged fees of £105 on the brief and refreshers of £42. The respondent appealed to the High Court against the disallowance of counsel's fees, when Murnaghan J. upheld the decision of the Taxing Master. The respondent appealed against the decision of Murnaghan J., and the Supreme Court (O'Dalaigh and McLoughlin, J. J., Maguire C. J. dissenting) re ferred the bill back to the Taxing Master to reconsider the allowances of the fees to counsel. O'Dalaigh J., stated that whilst the Master paid due attention to the importance of the case from the respondent's point of view, he did not appear to have looked at the im portance of the case from the point of view of the Attorney General for the public and in looking at the case, only having regard to its interest for the re spondent, the Master acted erroneously. Further if, as appeared, the Master took into consideration the fact that the case had been argued by the respondent's counsel in the District Court, and for that reason re duced counsel's fees he acted on a wrong principle. (The Attorney-General v. Simpson—unreported— judgment given by Supreme Court on 14 October, 1958.)

THE REGISTRY Register B SOLICITOR, experienced, seeks assistantship. Minister. Box 6.233. REGISTRATION OF TITLE ACTS, 1891 AND 1942. NOTICE FOLIO 104, COUNTY KERRY. Registered Owner : JAMES CULLOTY. An Application has been made by the Registered Owner for the issue of a Certificate of Title in substitution for the Certificate specified in the Schedule hereto, which, it is alleged has been lost or inadvertently destroyed. A Duplicate Certificate will be issued unless a notification is received in this Registry within 28 days from the date of this Notice that the said Certificate of Title is still in existence and in the custody of some person other than the above named registered owner. Any such notification should state the grounds on which the Certificate is being held. Dated this 28th day of December, 1958. JOSEPH O'BYRNE, Registrar of Titles.

Land Registry, Chancery Street, DUBLIN.

SCHEDULE. Land Certificate of James Culloty to yoa. ir. 4p. of the lands of Garrane situate in the Barony of Trughenackmy and County of Kerry being the lands comprised in said folio. THE SOLICITORS' BENEVOLENT ASSOCIATION The Association, which operates throughout the whole of Ireland, cares for Solicitors, their wives widows and families, who have fallen on hard times. Last year over £2,000 was distributed in relief. Additional subscriptions, donations and bequests are urgently needed to continue and extend the Association's work. The active co-operation of the profession in the Association's good work is asked for, and all who are not members are urged to join without delay. Membership subscription, £1 Is. Od. (or 10s. 6d. if admitted less than 3 years) a year. £10 10s. Od. life membership. Address: SECRETARY, SOLICITORS' BENEVOLENT ASSOCIATION, 18, HOME STREET, DUBLIN. Printed by Cakitt