14
15
Solicitors not
to commence
or defend
actions while in prison. 22 and 23 Geo, 5 0.37. 8.53-
Penalty on failure o disclose fact
of having been struck off, etc. za and ag Geo. $. 6.37. 4.55.
Ordinance No. 41 of
rgga.
Character of service considered in taxation vf costs.
(3) A solicitor aggrieved by the refusal of the Society to grant any such permission as aforesaid, or by any conditions attached by the Society to the grant thereof, may appeal to the Chief Justice, who may confirm the refusal or the conditions, as the case may be, or may, in lieu of the Society, grant such condi- tions as he thinks fit.
(3) If any solicitor acts in contravention of the provisions of this section or of the conditions subject to which any permission has been given thereunder, his name shall be struck off the roll or he shall be suspended from practice for such period as the court thinks fit.
48. (1) No solicitor whilst a prisoner in any prison shall as a solinitor, in his own name or in the name of any other solicitor, sue out any writ or process, or commence, prosecute or defend any action or any matter in bankruptcy.
(2) Any solicitor commencing, prosecuting or defending any such action or matter in contravention of this section shall be incapable of maintaining any action for the recovery of any costs in respect of any business done by him whilst so confined as afore- said, and he and any solicitor permitting him to commence. prosecute or defond any such action or matter in his name, shall be guilty of contempt of the court in which such action or matter was commenced or prosecuted and may be punished accordingly.
49. (1) Any person who, whilst ho is disqualified from practising as a solicitor by reason of the fact that he has been struck off the roll otherwise than at his own request or is suspended front practising as a solicitor, seeks or accepts employment by a solicitor in connection with that solicitor's practice without previously informing him that he is so disqualified as aforesaid, shall on summary conviction be liable for each offence to a fine not exceeding two thousand dollars.
(2) Notwithstanding anything in the Magistrates Ordin- unce, 1982, proceedings under this section may be commenced at any time before the expiration of six months after the first discovery of the offence by the prosecutor, but no such proceedings shall be commenced except by, or with the consent of, the Attorney General.
PART III,
REMUNERATION OF SOLICITORS.
Non-contentious Business.
50. On any taxation of costs the taxing officer may, in determining the remuneration, if any, to be allowed to a solicitor for his services, have regard, subject to any general rules or orders, to the skill, labour and responsibility involved.
Lion for non-
51. (1) A solicitor and his client may, either before or after Agreement or in the course of the transaction of any non-contentious business for remunera by the solicitor, make an agreement as to the remuneration of the contentious solicitor in respect thereof.
business.
22 and 23
(2) The agreement may provide for the remuneration of Ges. 5 the solicitor by a gross sum, or by commission or percentage or by 137, 157. salary, or otherwise, and it may be made on the terms that the amount of the remuneration therein stipulated for either shall or shall not include all or any disbursements made by the solicitor in respect of searches, plaus, travelling stamps, fees or other matters.
(9) The agreement shall be in writing and signed by the person to be bound thereby or his agent in that behalf.
(4) The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor:
Provided that if on any taxation of costs the agreement is relied on by the solicitor and objected to by the client as unfair or unreasonable, the taxing officer may inquire into the facts and certify them to the court and if on that certificate it appears just to the court that the agreement should be cancelled, or the amoant payable thereunder reduced, the court may order the agreement to be cancelled, or the amount payable thereunder to be reduced. and may give such consequential "directions as it thinks fit.
who is j merges.
52. (1) If a mortgage is made to a solicitor, either alone or Remuneration jointly with any other person he, or the firm of which he is a folichor member, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in a and 23 negotiating the loan, deducing and investigating the title to the Geo. 5 property, and preparing and completing the mortgage, such ugual --37, 1-58. costs as he or they would have been entitled to receive if the mortgage had been made to a person who was not a solicitor and that person had retained and employed him or them to transact the said business and do the said acts.
(2) If, whether before or after the commencement of this Ordinance, a mortgage has been made to, or has become vested by transfer or transmission in, a solicitor, either alone or jointly with any other person, and if after the commencement of this Ordinance any business is transacted or acts done by that policitor, or by the firm of which he is a member, in relation to that mortgage, or the security thereby created or the property comprised thereunder then he or they shall be entitled to reenvor from the person on whose behalf the business was transacted or the arts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to and had remained vested in a person who was not a solicitor and that person had retained and employed him or them to transact the said business and do the said acts.
C
(3) In this section mortgage includes any charge on any property for securing money or money's worth.