萨
Legal Practitioners.
the costs of the taxation shall be paid according to the event of the taxation, that is to say, if one-sixth of the amount of the bill is taxed off, the solicitor shall pay the costs, but otherwise the party chargeable shall pay the costs: Provided that the taxing officer may certify any special circumstances relating to the bill or the taxation thereof to the court, and the court may make thereon any such order as it thinks fit respecting the payment of the costs of the taxation.
[CAP. 159
Taxation on of third beneficiaries
application
parties and
under trustee,
22 and 23
c. 37, s. 67.
61. (1) Where a person, other than the person who is the party chargeable with the bill for the purposes of section 60, has paid, or is or was liable to pay, the bill either to the solicitor or to the party chargeable with the bill, that person or his administrators, executors or assignees may apply to the court for an order for the taxation of the bill as if he were the party chargeable therewith, and the court may make thereon the same order, if any, as it might have made if the application had been made by that party: Provided that in cases where the court has no power to make an order except in special circumstances the court may, in considering whether there are special circumstances sufficient to justify it in making an order, take into account circumstances affecting the applicant, but which do not affect the party chargeable with the bill.
(2) If a trustee, executor or administrator has become liable to pay the bill of a solicitor, the court may, upon the application of any person interested in any property out of which the trustee executor or administrator has paid, or is entitled to pay, the bill, and upon such terms, if any, as it thinks fit, order the bill to be taxed and may order such payments in respect of the amount found due to or by the solicitor and in respect of the costs of the taxation to be made to or by the applicant, or to or by the solicitor, or to the executor, administrator or trustee as it thinks fit: Provided that in considering any such application the court shall have regard to—
(a) the provisions of section 60 as to applications by the party chargeable with taxation of a solicitor's bill so far as they are capable of being applied to an application made under this subsection;
(b) the extent and nature of the interest of the applicant.
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