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Solicitor's Retaining Lien
A member who held a client's title deeds pursuant
to a lien for undischarged costs handed them to
another solicitor then acting for the client " subject
to and without prejudice to my lien for costs."
Member furnished a bill of costs, the client denied
liability and refused to sign a requisition to tax.
Member took no further action. The Council were
asked for an opinion as to whether member lost his
lien by parting with the deeds and replied that
member did not lose his lien as the other solicitor
undertook to hold them subject to the lien and that
the solicitor to whom the deeds were given should
return them on demand.
On a further question submitted the Council
stated that in their opinion a solicitor who receives
a mortgagor's title deeds from a mortgagee is entitled
to retain them under his lien as against the mortgagee
until the mortgagee discharges any costs due by
him but is not entitled to retain the deeds against
the mortgagor if the latter seeks to redeem, assuming
that the mortgagor and the mortgagee were separ
ately represented on the execution of the mortgage.
See Barratt
v.
Gough-Thomas and others (61 T.L.R.
534)-
Society's Annual Dinner Dance
It was decided to hold the dinner dance in the
Shelbourne Hotel, Dublin, on November z6th.
Government Publications
Statutes of Limitations Bill, 1954 (zs. 6d.),
postage zd.
Administration of Estates Bill, 1957, with
explanatory memorandum—(is.)
postage zd.
On Sale at the Government Publications Sales Office,
G.P.O. Arcade, Dublin.
ORDINARY GENERAL MEETING
A general meeting of the Society was held at the
International Hotel, Killarney, on Saturday, Z3rd
May, 1959.
The President, Mr. John R. Halpin
took the chair. The notice convening the meeting
was by permission taken as read.
The minutes of the Ordinary General Meeting
held on zoth November, 1958, were read, confirmed
and signed by the chairman.
Mr. Gerald Baily, the President of the Co. Kerry
Law Society, welcoming the meeting to Killarney,
said :
Ladies and Gentlemen, As President of the County
Kerry Law Society, I have, on behalf of my
colleagues in that Society, and indeed on behalf of
the people of Kerry, to welcome you here.
Much honour has been done to our County in
that it has been selected as the venue for the first
General Meeting of The Incorporated Law Society
ever to be held outside Dublin.
I think it right to express appreciation on behalf
of the country practitioners of the way in which
the Council of The Incorporated Law Society, and
the Secretary Mr. Plunkett, reacted to the suggestion
that a General Meeting be held down the country.
It was plain that it would cause inconvenience to
many, and would involve for Mr. Plunkett a very
great deal of extra work. Yet the suggestion was
taken up gladly and everything that was humanly
possible has been done to make it a success. Mr.
Plunkett has, I know, put in a tremendous amount
of work in arranging the Meeting and the social
function to follow.
I believe it to be a good thing in very many ways
that Meetings of the Incorporated Law Society
should be held at country venues.
\X7hen I was a young solicitor I regarded the
Council of the Incorporated Law Society as a
remote and soulless Corporation,
incapable of
appreciating the trials and tribulations of a young
practitioner, particularly a country one. Holding
local meetings would help to dispel any such ideas.
It will also, in the course of time, provide a forum
in which country members may voice their views
under an atmosphere familiar to them, and at a
convenient place.
As time went on, I came to
appreciate what the Incorporated Law Society had
done to the profession.
I think it proper that I should pay tribute par
ticularly to the work that has been done by the
Council of the Incorporated Law Society.
Each
•year when I see the attendances at Council Meetings
of the Society it amazes me the amount of time given
voluntarily by members of the Council, all of whom
are men at the top of the profession with very
much business of their own to attend to; special
tribute is due to the country members who have to
bear the expense and inconvenience of travelling
to Dublin for meetings. All this has been done for
the purpose of upholding and maintaining the
status and honour of the profession.
The Incorporated Law Society has frequently
advised the formation of local Bar Associations. I
am very glad to say that our Society here in Kerry
since it was revived in 1939, has been of great
help to local practitioners.
There are thirty-one
solicitors in Kerry, and every one of them is a
member of the Kerry Law Society. It has improved