LEGAL PRACTITIONERS:
No. 1 of 1871.
189
(2) It shall be lawful for the court to make such order for taxation of and for raising and payment of such costs out of the said property as to the court may appear just and proper.
(3) All conveyances and acts done to defeat, or which may operate to defeat, such charge or right shall, unless made to a bona fide purchaser for value without notice, be absolutely void and of no effect as against such charge or right:
Provided always that no such order shall be made by the court in any case in which the right to recover payment of such costs is barred by any statute of limitations.
Remuneration of solicitors.
Remuneration of solicitor by agreement.
33 & 34 Vict. c. 28, s. 4.
34. A solicitor may make an agreement in writing with his client respecting the amount and manner of payment for remuneration the whole or any part of any past or future costs in respect of business done or to be done by such solicitor, whether as a solicitor, or as an advocate or conveyancer, either by a gross sum, or by commission or percentage, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and conditions contained in this Ordinance: Provided always that when any such agreement is made in respect of business done or to be done in any action, the amount payable under the agreement shall not be recoverable by the solicitor until the agreement has been examined and allowed by a taxing officer of the court, and if it appears to such taxing officer that the agreement is not fair and reasonable, he may require the opinion of the court to be taken thereon by motion or petition; and the court shall have power either to reduce the amount payable under the agreement or to order the agreement to be cancelled and the costs in respect of the business done to be taxed in the same manner and according to the same rules as if such agreement had not been made.
335 Such an agreement shall not affect the amount of, or saving of any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to the client by any other person, and any such other person may require any costs payable or recoverable by him to or from the client to be taxed according to the rules applicable to the taxation of such costs, unless such person has otherwise agreed. Provided always that the client who has entered