10 / 114
The Gazette of the Incorporated Law Society of Ireland.
[MAY, 1913
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
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