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THE HONGKONG GOVERNMENT GAZETTE, 28TH JANUARY, 1899.
Prohibition
of champerty, etc. stipula tions.
Ibid, s. 11.
Ordinance not to give validity to contracts, etc, which
may be void
in bank- ruptcy. Ibid, s. 12. Provision in
case of death or incapacity
of solicitor making agreement. Ibid, s. 13.
Change of solicitor
after agrec ment.
Ibid, s. 14.
Exemption
from taxa. tion.
Ibid, s. 15.
agreen.ent shall before payment be laid before a taxing officer of the Court, and such officer shall examine the same, and may disallow any part thereof, or may require the direction of the Court to be taken thereon by motion, or petition, and if in any such case the client pay the whole or any part of the amount payable under the agreement, without the previous allowance of such officer or the Court as aforesaid, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amount so charged; and if in any such case the solicitor accepts payment with- out such allowance, the Court may, if it thinks fit, order him to refund the amount so received by him under the agreement,
11. Nothing in this Ordinance shall be construed to give validity to any purchase by a solicitor of the interest, or any part of the interest, of his client in any suit or other contentious proceeding to be brought or maintained, or to give validity to any agreement by which a solicitor retained or employed to prosecute any suit stipulates for payment only in the event of success in such suit or proceeding.
13. Nothing in this Ordinance shall give validity to any disposition, contract, settlement, conveyance, delivery, deal- ing, or transfer which may be void or invalid against a trustee or creditor in bankruptcy, arrangement, or composition, under the provisions of the laws for the time being in force relating to bankruptcy.
13. Where a solicitor has made an agreement with his client in pursuance of the provisions of this Ordinance, and anything has been done by such solicitor under the agree- ment, and before the agreement has been completely per- formed by him such solicitor dies or becomes incapable to- act, an application may be made to the Court by any party to the agreement or by the representative of any such party, and the Court shall thereupon have the same power to enforce or set aside such agreement, so far as the same may have been acted upon, as if such death or incapacity had not happened; and the Court, if it shall decm the agreement to be in all respects fair and reasonable, may order the amount duc in respect of the past performance of the agree- ment to be ascertained by taxation; and the taxing officer in ascertaining such amount shall have regard, so far as may be, to the terms of the agreement, and payment of the amount found to be due may be enforced in the same man- ner as if the agreement had been completely performed by the solicitor.
14. If, after any such agreement as aforesaid has been made, the client changes his solicitor before the conclusion of the business to which such agreement relates (which he shall be at liberty to do notwithstanding such agreement), the solicitor, party to such agreement, shall be deemed to have become incapable to act under the same within the mcaning of the last preceding section; and, upon any order being made for taxation of the amount due to such solicitor in respect of the past performance of such agreement, the Court shall direct the taxing officer to have regard to the circumstances under which such change of solicitor has taken place; and, upon such taxation, the solicitor shall not be deemed entitled to the full amount of the remunera- tion agreed to be paid to him, unless it appears that there has been no default, negligence, improper delay, or other conduct on his part affording reasonable ground to the elint for such change of solicitor.
15. Except as in this Ordinance provided, the bill of a of agreement solicitor for the amount due under an agreement made in pusuance of the provisions of this Ordinance shall not be subject to any taxation, nor to the provisions of the English Act of Parliament 6 and 7 Vict. c. 73 (so far as such pro- visions have been extended to this Colony) nor of section 18 of this Ordinance respecting the signing and delivery of the bill of a solicitor.
Security may be taken for future costs. Ibid, s. 16. Revival of order for payment of costs. Ibid, s. 19.
16. A solicitor may take security from his client for his future costs to be ascertained by taxation or otherwise.
17. Whenever any decree or order has been made for payment of costs in any suit and such suit afterwards becomes abated, it shall be lawful for any person interested under such decree or order to revive such suit, aud there- upon to povrute and enforce such decree or order, and so on from time to time as often as any such abatement shall Lappen.