192
Exclusion of agreement
void in
bankruptcy.
88 & 34 Vict. c. 28 A. 12,]
[cf. No. 7 of
1991.]
Provision in
of solicitor
making agreement.
[ib. 8. 19.]
No. 1 of 1871.
LEGAL PRACTITIONERS.
agreement by which a solicitor retained or employed to prosecute any action or proceeding stipulates for payment only in the event of success in such action or proceeding.
42. Nothing in this Ordinance shall give validity to any disposi tion, contract, settlement, conveyance, delivery, dealing, or transfer which may be void or invalid against a trustee or creditor in bank- ruptcy, arrangement, or composition, under the provisions of the laws relating to bankruptcy,
43-(1) Where a solicitor has made an agreement with his client case of death in pursuance of the provisions of this Ordinance, and anything bas or incapacity
been done by such solicitor under the agreement, and before the agreement has been completely performed 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 the agreement so far as the same may have been acted upon, as if such death or incapacity had not happened.
Change of solicitor after agree- ment. [ib. 9. 14.]
(2) The Court, if it deems the agreement to be in all respects fair and reasonable, may order the amount due in respect of the past performance of the agreement 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 manner as if the agreement had been completely performed by the solicitor.
44.—(1) If, after any such agreement as aforesaid has been made, the client changes bis solicitor before the conclusion of the business to which the agreement relates (which he shall be at liberty to do, notwithstanding the agreement), the solicitor with whom the agree- ment was made shall be deemed to have become incapable to act under the same within the meaning of the last section.
(2) On any order being made for taxation of the amount due to such solicitor in respect of the past performance of the agreement, the Court shall direct the taxing officer to have regard to the çircumstances under which such change of solicitors has taken place; and, on such taxation, the solicitor shall not be deemed entitled to the full amount of the remuneration agreed to be paid to him, unless
* An amended by No. 62 of 1911,
As amended by No. 50 of 1911,
LEGAL PRACTITIONERS.
No. 1 of 1871.
198
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 change of solicitors.
45. Except as in this Ordinance provided, the bill of a solicitor Exemption for the amount due under an agreement made in pursuance of the of agreement provisions of this Ordinance shall not be subject to any taxation or tion. to the provisions of the Solicitors Act, 1843, mentioned in section 51, or of section 48 of this Ordinance respecting the signing and delivery of the bill of a solicitor.
Miscellaneous provisions.
from laxa.
[38 & 84 Vict.
28 s. 15.]
6.78.1
Vict.
*
46. A solicitor may take security from his client for his future Security for future costa. costs, to be ascertained by taxation or otherwise.
[88 & 34 Vict. c. 28 g. 16.]
47. Whenever any judgment or order has been made for payment Revival of of costs in any action and such action afterwards becomes abated, it order for
payment of shall be lawful for any person interested under such judgment or costs.
[ib. a. 19.] order to revive such action, and thereupon to prosecute and enforce such judgment or order, and so on from time to time as often as any such abatement may happen.
coats within
when client
48. It shall be lawful for the Court to authorise a solicitor to Suing for commence an action for the recovery of his costs against the party one month chargeable therewith and also to refer his bill of costs and the about to demand of such solicitor thereupon to be taxed, although one month leave the
Colony, etc. nay not have expired from the delivery of the bill of costs, on 138 & 39 Viet. proof, to the satisfaction of the Court, that there is probable cause
79 s. 2.] for believing that the party chargeable therewith is about to quit the Colony or to become a bankrupt or a liquidating or compounding debtor, or to take any other steps or do any other act which, in the opinion of the Court, would tend to defeat or delay such solicitor in obtaining payment.
where mort.
tor.
49. Any solicitor to whom, either alone or jointly with any other Charges person, a mortgage is made, or the firm of which such solicitor is a gage is made member, shall be entitled to receive, for all business transacted and with solici. acts done by such solicitor or firm in negotiating the loan, deducing [58 59 Fict. and investigating the title to the property, and preparing and 25, 2.] completing the mortgage, all such usual professional charges and remuneration as he or they would have been entitled to receive if
* As amended by No. 69 of 1911.
† As amended by No. 62 of 1911.
+
291