THE HONGKONG GOVERNMENT GAZETTE, 25TH MARCH, 1899.
thereof, if it appears to the Court that the special circum- stances of the case require the agreement to be re-opened, re-open the same, and order the costs to be taxed and the whole or any portion of the amount received by the solicitor to be repaid by him, on such terms and conditions as to the Court may seem just.
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(2.) Where any such agreement is made by the client in the capacity of guardian, or of trustee under a deed or will, or of committee of any person or persons whose estate or property will be chargeable with the amount payable under such agreement, or with any part of such amount, the agreement 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 pays 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.
tions.
11. Nothing in this Ordinance shall be construed to give Prohibition validity to any purchase by a solicitor or by his clerk of the of champer- interest, or any part of the interest, of his client in any suit tous stipula or other contentious proceeding to be brought or maintained, Ibid, s. 11. or to give validity to any agreement by which a solicitor re- tained or employed to prosecute any suit or proceeding stipulates for payment only in the event of success in such suit or proceeding.
contracts,
12. Nothing in this Ordinance shall give validity to any Ordinance disposition, contract, settlement, conveyance, delivery, deal- not to give ing, or transfer which may be void or invalid against a trustee validity to or creditor in bankruptcy, arrangement, or composition, etc. which under the provisions of the laws for the time being in force may be void relating to bankruptcy.
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in bank- ruptcy. Ibid, s. 12. 13. Where a solicitor has made an agreement with his Provision in client in pursuance of the provisions of this Ordinance, and case of death or incapacity anything has been done by such solicitor under the agree of solicitor ment, and before the agreement has been completely per- making formed by him such solicitor dies or becomes incapable to agreement. act, an application may be made to the Court by any party Ibid, s. 13. 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 decms the agreement to be in all respects fair and reasonable, may order the amount due 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.
ment.
14. If, after any such agreement as aforesaid has been Change of made, the client changes his solicitor before the conclusion solicitor of the business to which such agreement relates (which he after agree- shall be at liberty to do notwithstanding such agreement), Ibid, s. 14. the solicitor, party to such agreement, shall be deemed to have become incapable to act nuder the same within the meaning 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 client for such chauge of solicitor.
from taxa-
15. Except as in this Ordinance provided, the bill of a Exemption solicitor for the amount due under an agreement made in of agreement pursuance of the provisions of this Ordinance shall not be tion. subject to any taxation nor to the provisions of the English bid, s. 15. Act of Parliament 6 and 7 Vict. c. 73 (so far as such pro-
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