The Gazette 1940-44

whether interest on a mortgage given by a client to- his solicitor to secure nntaxed costs, which have been agreed at an estimated amount, runs from the date of the mortgage or from the date of taxation.of the. costs. The point was dealt with in previous Irish eases which can be reconciled onlv on the assumption that the facts were not identical in all of them. In Lawless r. Mansfield (4 Ir. Eq. 113) the Court reserved the question of the solicitor's right to charge interest on the costs from the date of the mortgage deed, but by a later order, the reasons for which were not reported, the mortgage was declared to be security for the principal sum together with interest thereon at 6 per cent, per annum from the date of the mortgage until payment. In Shannon z>. Casey (Ir. R.8 Eq. 307) O'Hagan. L. C.. referred to Lawless v. Mansfield as an unsatisfactory author ity, and decided that a security taken by a solicitor for nntaxed costs gave no right to interest on theni'in the absence of a special contract to pay such interest. The Lord Chancellor said : "There may be a contract to pay interest, if it be made with full knowledge, sufficient advice, and necess ary warning, but, in the absence of those things, even a contract between solicitor and client will be of no force and the solicitor will have no valid claim for interest." In the result the solicitor was not entitled to interest on the untaxed costs. The decision of the Supreme Court is the 'latest authority on the question. A solicitor, having carried out legal work for a client, and having also advanced him sums of money from time to time, took a legal mortgage as security for the sum of £818. which consisted in part of moneys advanced to the client, and, in part, of costs and outlay due to the solicitor but not taxed. The costs were sub sequently taxed at £280 3s. 6d. On proceedings being taken by the solicitor to have the mortgage declared well charged, the Examiner found and certified the amount due on the mortgage, and included interest on the amount of the taxed . costs from the date of the mortgage to the date of his certificate. On an appeal being brought by the 'mortgagor to the Supreme Court, their Lord- ships were of opinion, with regard to the question of the interest claimed by the mortgagee on foot of so much of the mortgage as related to untaxed costs, that such interest could run only as from the date of the taxation, and the Court so held. There was no suggestion in the case that the solicitor had acted improperly, or that the costs were anything but fair and reasonable, and, although a reasoned judgment was not delivered,

the decision will probably be regarded as settling any doubts that may have survived the earlier Irish cases. [72 I.L.Tll. 66]. Samples in Oil Prosecutions. A MKMUKK of the Society has forwarded a copy of a letter which he received from the Department of Finance with reference to the taking by mem bers of the Garda Siochana and officers of Customs and Excise of samples of oil in motor vehicles with a view to possible prosecutions. . The Depart ment had been requested to instruct officers concerned that where samples of oil are taken under the powers conferred by Sec. 21 of the Finance Act, 1935, and the Emergency Powers (Use of Kerosene in Motor Vehicles) Order, 1941, an additional sample should be olficially taken and handed to the prospective defendant when the latter so requests. The letter from the Depart ment states that the Revenue Commissioners have decided to accede to the suggestion. Steps arc being taken to instruct officers concerned that where samples of oil are taken in the circum stances in question, an additional sample, officially sealed and distinctly labelled, is to be supplied to the person concerned if he so requests at the time when the samples are being taken. The decision is being communicated to the Department of Justice with a view to the issuing of a similar instruction to the Garda Authorities. " I understand some effort is at last being made to improve the manner of'dealing with children in the District Court. There is a special Court called the Children's Court in the cities of Dublin, Cork, Limerick and Waterford for the purpose, and I would suggest that, in the big towns too, a special Court should be held, say monthly, to deal solely with every offence relating to children (including school attendance cases), and that in each of the big towns there should be a member of the -Garda Siochana (not below the rank of Sergeant) with special training to look after delinquent children, and that probation commit tees should be set up without delay to assist the District Justice when necessary." "No attempt has been made to codify the law relating to 'children' and The Children Acts, 1908 to 1941 comprise some five statutes. The latest Act is indeed remarkable for its method of amend ment." Juvenile Courts. A COUNTY Kerry member writes :