300
Charges, etc., where mortgage made to solicitor.
58 & 59 Vict. c. 25 s. 2.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1871.
or delay such solicitor in obtaining payment.
49.-(1.) Any solicitor to whom, either alone or jointly with any other person, a mortgage is made, or the firm of which such solicitor is a member, shall be entitled to receive, for all business transacted and acts done by such solicitor or firm in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, all such usual professional charges and remuneration as he or they would have been entitled to receive if such mortgage had been made to a person not a solicitor, and such person had retained and employed such solicitor or firm to transact such business, and do such acts; and such charges and remuneration shall accordingly be recoverable from the mortgagor.
Right of solicitor with whom mortgage is made to recover costs.
Ib. s. 3.
(2.) This section applies only to mortgages made after the commencement of this Ordinance.
50.-(1.) Any solicitor to or in whom, either alone or jointly with any other person, any mortgage is made or is vested by transfer or transmission, or the firm of which such solicitor is a member, shall be entitled to receive and recover from the person on whose behalf the same is done or to charge against the security, for all business transacted and acts done by such solicitor or firm subsequent and in relation to such mortgage or to the security thereby created or the property therein comprised, all such usual professional charges and remuneration as he or they would have been entitled to receive if such mortgage had been made to, and had remained vested in, a person not a solicitor, and such person had retained and employed such solicitor or firm to transact such business and do such acts; and accordingly no such mortgage shall be redeemed except on payment of such charges and remuneration.
Extension of certain enactments to the Colony.
(2.) This section applies to mortgages made and business transacted and acts done either before or after the commencement of this Ordinance.
51. So much of the said Solicitors Act, 1843, of the Imperial Parliament, sections 4, 5, 28, 29, 32, 37, except from the words “Provided also that it shall be lawful for any judge" to the end of the section, 38, to 41, and 43, as relates to the competence of attorneys or solicitors to have clerks bound by contracts under articles, the discharge of such contracts, service under such contracts when made with disabled or disqualified persons, the time for making applications for striking off the rolls persons admitted and enrolled erroneously but without fraud, the agency of attorneys or solicitors for disqualified persons, the delivery, reference, and taxation (whether before payment or after) of bills of fees, charges, and disbursements for any business done by attorneys or solicitors, applications of parties and orders of Court for delivery and reference, and taxation subject to conditions of bills of costs between attorney and client for business done by attorneys or solicitors, is hereby applied to this Colony.
A.D. 1871
52. Rules for striking off or proceeding against solicitors.
53. General penalty.
54. Penalty for neglect to pay stamp duty payable by solicitors.
55. Perjury by solicitors.