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2. The case raises a point of importance not only to the attorneys of this High Court, but also to the public, as the question turns on what is the exact right of attorneys in respect of what is generally described as a particular lien on funds recovered in a suit by their exertions. I will call Suit No. 1405 of 1922 the first suit, No. 3104 of 1925 the second suit. The applicants were attorneys for the plaintiffs in the first suit, and on September 3, 1925, there was a preliminary judgment in their clients' favour by which the defendants were ordered to pay the plaintiffs' costs of suit to date ; and the defendants' counter-claim was dismissed with costs. The plaintiffs' bill of the costs in the first suit was not taxed till September 13, 1926, on which date the taxingmaster made his allocatur awarding Rs. 3,572-9-8 to the plaintiff as party and party costs. On September 15, 1926, the plaintiffs' attorneys served that allocatur of the defendants.

And Except by consent of the client who must be regarded as the owner of the property I am of opinion that the Court has no power to make a charging order upon property moveable or immovable unless it be in its own possession, e. g in the hands of a receiver. Property realized in execution proceedings by the Sheriff is also in a sense in the hands of the Court, but, different considerations would seem to apply to it.

9. As I read the learned Judge's, judgment, he has, with all respect, confused here the two different descriptions of lien which a solicitor may have, viz. first, a possessory lien by reason of certain property like title-deeds being in his hands, and secondly, a particular lien which does not depend on actual possession of the property, but which depends on entirely different principles. Those principles I will now proceed to state as briefly as I can.

A solicitor has at common law, and apart from any order of the Court or statute, a lien over property recovered or preserved or the proceeds of any judgments obtained for the client by his exertions. This lien is a particular lien ; it is not, therefore, available for the general balance of account between the solicitor and the client, but extends only to the costs of recovering or preserving the property in question including the costs of protecting the solicitor's right to such costs, and of estiblishing the lien. The lien does not attach to real property, but, with this excaption, it applies to property of every description...including costs ordered to be paid to the client.

56. The authorities relied upon by Mr. Maneksha in his able argument do not, in my opinion, assist him. Hough v. Edwards [1856] 1 H. and N. 171 really was a case dealing with the solicitor's general lien. It was not a case of a particular lien sought to be exercised by a solicitor over a fund obtained or preserved by him in a particular suit. Therefore, it has no application to a case of this description.

57. Shaw v. Neale [1858] 6 H.L.C. 581 was a case which dealt only with the question of lien in regard to real estate, and that also in my judgment has no application to the present case.