The Gazette 1913-14

The Gazette of the Incorporated Law Society of Ireland.

[MAY, 1913

was a dear friend of his one who had endeared himself to all the members of the Bar a keen lawyer, and an able advocate. No one more sincerely deplored the circum– stances of his being taken from them than he did; and he heartily joined in the hope expressed by the Attorney-General and the President of the Incorporated Law Society, that in a short time they might see him restored at anv rate to better health. Recent Decisions affecting Solicitors. (Notes of decisions whether in reported or unreported cases, of interest to Solicitors, are invited from members.} CHANCERY DIVISION. (Before Barton, J.) WEIGHT AND ANOTHER v. IRVINE. May 13, 14, 1912.—Costs—Dispute whether any agreement within s. 4 of the Attorneys and Solicitors Act, 1870 Form of order. Motion on notice. This was a proceeding commenced by originating summons to realise a charge of £50 on the lands of the defendant. The plaintiffs, who were Solicitors, had for several years transacted legal business for the defendant. According to the affidavit of the plaintiffs, in the year 1909 the defendant agreed to secure some of the moneys due by her to the plaintiffs by a deed of charge, and on Feb. 22, 1909, she attended in the plaintiffs' office, when Charles T. Kennedy, one of the plaintiffs, handed to her an account for the net sum of £53 8s. 7d., signed by Thomas W. Wright, the other plaintiff, also a bill of costs for £19 18s. 4d., signed by Charles T. Kennedy, which was included in the said account. The.defendant then examined and went through the account and bill of costs with Mr. Kennedy, who agreed to accept a charge for £50 on the defendant's farm in settlement of the account, and thereupon endorsed and initialled the account. The deed of charge was then read over and explained by Mr. Kennedy to the defendant and executed by her. The said deed of charge, dated Feb. 22, 1909, was in the following terms : " I, Marjory Irvine, of the registered owner of the lands entered in folio ... in consideration of moneys advanced for me and professional

essential to the administration of justice. He was personally exceedingly pleased to be the medium of communicating to his Lord– ship the congratulations of the Solicitor profession. The Lord Chancellor, rising from his seat, said he felt it difficult to properly express his thanks to the Bar for the manner in which, through the Attorney-General, they had referred to him personally. He only wished that he could live up to the ideal which they held out before him, and also which had been indicated by the President of the Incor– porated Law Society. No one was more conscious than he was of his defects on assuming this high office. He looked back to those who occupied that office within his own recollection and those whose occupancy of it was only a memory, and looking back on that long line he felt the weight of the office which his Majesty had been pleased to confer on him ; and he felt it would be very difficult for him to carry out its duties as he would wish to do. One, however, could only do one's best. He would try to do his best, and in doing that he had not only before him the great careers of those who had gone before, but he had also beside him as members of the Bench over which he had the great honour to preside examples that would always stand before him and help him in striving to do his best. With regard to what the President of the Incorporated Law Society had said, it had always been one of his keenest desires that the great profession of which he was now the head the great profession of the Bar and the Solicitor pro– fession should always act together in every– thing that related to the good of their pro– fession act together in the interests of their clients, and that there should not, and ought not, to be any difference or friction between those two great branches of their profession. Having thanked them, he would now wish to say a very little with reference to the sad cause which had placed him in his high position the retirement of his dear friend, Mr. Redmond Barry. This illness, which had placed his Lordship where he now sat, was one of those things which might overtake any of them, and which made him, in assuming this high office, all the more diffident, and made him feel that he, like his predecessor, did not know what might be before him. He