Smith and Another v Troup
| Jurisdiction | England & Wales |
| Judgment Date | 17 April 1849 |
| Date | 17 April 1849 |
| Court | Court of Common Pleas |
English Reports Citation: 137 E.R. 300
IN THE COURT OF COMMON PLEAS
S. C. 6 D. & L. 679; 18 L. J. C. P. 209. Referred to, Neale v. Gordon-Lennox, [1902] 1 K. B. 850; [1902] A. C. 465.
[757] smith and another v. troup. April 17, 1849. [S. C. 6 D. & L. 679; 18 L. J. C. P. 209. Referred to, Neale v. Gordm-Lennox, [1902] 1 K. B. 850; [1902] A. C. 465.] The attorney on;the record has authority to consent to a reference on. behalf of his client.-A personal demand of money payable under an award, with a view to a proceeding on a rule of court, under the 1 & 2 Viet. c. 110, s. 18, may be dispensed with, where the party is evidently keeping out of the way to avoid the demand. By an order of reference made in this cause on the 28th of July, 1845, " upon hearing the attorneys on both sides, and-by their consent," it was ordered, inter alia, " that it be referred to the award, order, arbitrament, final end, and determination of James Crosby, of, &c.,, gentleman, to ascertain what sum was due to the plaintiffs from the defendant on the 3rd of April, 1844, and that the said James Crosby shall make and publish his award in writing of and concerning the matters referred, ready to be delivered to the said parties in difference, or such of them as shall require the same, on or before the 15th of September now next ensuing, or such other day as the said parties shall mutually agree upon, being not more than one calendar month after the said 15th of September; that the costs of the cause shall abide the event; and that the costs of the reference and award shall be in the discretion of the arbitrator." 7 C. B.758. SMITH V. TROUP 301 The time for making the award was by various orders, made " upon hearing the attorneys on both sides, and by consent," enlarged until the first day of Michaelmas term, 1847 : and, on the 1st of November in that year, the arbitrator made his award as follows :- "I do first ascertain, award, order, and determine that the sum of 831. 17s. was due to the said plaintiffs George Smith and William Barnes, from the said defendant James Troup, on the 3rd day of April, 1844, and that the same is still due and unpaid : And I award, order, and direct the said sum of 831. 17s. to be paid by the said defendant James Troup to the said plaintiffs [758] George Smith and William Barnes on the 1st of December now next: And I do further award, order, and direct that the costs of the said reference shall be borne and paid by the said James Troup : And I do further award, order, and direct- that one moiety of the costs of this my award shall be paid by the said George Smith and William Barnes, and the other moiety thereof by the said James Troup." On the 8th of December, 1847, the defendant was duly served with a copy of the award, and of the rule making the order of reference a rule of court, and also with an appointment to tax the costs. The taxation was attended by the defendant's attorneys, pursuant to the appointment, when the plaintiff's costs of the cause and of the reference, including one moiety of the costs of the award, were allowed at the sum of 421. 1 Is. On the 20th of December, 1847, the plaintiffs executed a power of attorney, whereby, after reciting the order of reference, the award, and the allocatur, they appointed Deane, Dyke, and Shorter their joint and separate attorneys, "for them, and in their names, and for their use and benefit, to ask, demand, recover, and receive of and from the said James Troup, the sum of 1261. 8s., which said sum comprises the said sum of 831. 17s. so awarded to them as aforesaid, as due to them from the defendant, and 421. 11s., being the amount of such taxed costs; and also from time to time to substitute, nominate, and appoint one or more attorney or...
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