gently  prosecuted,  the  court  would  order  the  papers  to  be  given
up.*

136.  A  court  has  Jurisdiction  to  order  a  solicitor  to  de-
liver Dp  his  client's  papers,  upon  the  client's  paying  into
court,  or  upon  his  giving  security  in  a  sum  sufficient  to  answer
the  solicitor's  demand,  before  this  is  adjusted,  where  his  reten-
tion of  the  papers  on  which  he  claims  a  lieu  would  embarrass
the  client  in  the  prosecution  or  defence  of  pending  actions.3
There  is  a  dictum  of  Lord  Bomilly,  who  as  Master  of  the  Rolls
was  very  conversant  with  these  matters,  in  these  words:1
"  Where  a  solicitor  sends  in  his  bill,  and  claims  a  stated  balance
to  be  due  to  him,  the  client  is  entitled,  as  a  matter  almost  of
course,  to  have  his  papers  delivered  over  to  him  on  payment  of
the  amount  claimed  into  court."  In  another  case  Lord  Romilly
again  states  his  practice:1  "The  course  I  adopt  in  all  these
cases  is  this :  Where  a  sum  is  claimed  by  a  solicitor  to  be  dne  to
him,  and  some  delay  occurs  iu  the  taxation  imputable  to  the
fault  of  no  one,  I  order  the  papers  to  be  delivered  over  on  the
amount  being  secured,  and  on  an  undertaking  to  produce  them
as  required  in  the  course  of  tbe  taxation."  Mr.  Justice  Cbitty
stated  the  result  reached  in  the  recent  case  before  cited  as  fol-
lows:5 "The  court,  in  the  exercise  of  its  discretion,  says  that  if
the  solicitor  is  completely  secured,  and  it  takes  care  not  to  enter
upon  a  matter  of  controversy  as  to  the  amount,  bat  to  give  him
the  amount  which  he  claims  and  a  sum  to  answer  the  costs  of
the  taxation,  it  is  inequitable  that  he  should  be  allowed  to  em-
barrass the  client  further  by  holding  the  papers."

III.   Upon  Moneys  Collected.
