The Gazette 1940-44

208 / 216

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
fr of the mortgage or from the date
of the. costs. The point was dealt with
in ish 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.
Juvenile Courts.
A COUNTY Kerry member writes :
" 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."