PERERA v. WHITE.

D. C., Colombo, 14,093.

Advocate and client-Retainer and fee-Application to Supreme Court to apportion counsel to advise applicant in conduct of his case-Refusal of counsel to take up a case,

A retainer given to an advocate in a case means that he is to hold himself ready to accept a brief with a fee.

If the retainer is not followed by a brief and fee, the counsel is at liberty to appear on the other side upon retainer and fee.

An advocate cannot decline a fee capriciously.

If a party to a litigation should retain the whole roll of advocates, so as to leave his opponent without the advice and aid of counsel, it would amount to a public scandal, and the Supreme Court would feel justified in interfering to apportion advocates to, such party.

But where a plaintiff has retained several advocates, and there are other members of the bar of standing and position who have not been applied to by the defendant,

Held, on motion made by the defendant to apportion counsel to advise him in his defence, that the Supreme Court had no reason to interfere.

ON the 10th October, 1900, Elliott appeared for the defendant, Mr. Herbert White, the Acti