Penalty on fallure to disclose fact of having been struck off, ele.
24
54. (1) Any person who, whilst he is disqualified from practising as a solicitor by reason of the fact that he has been struck off the roll or is suspended from practising as a solicitor, seeks or accepts employ- ment by a solicitor in connexion with that solicitor's practice without previously informing him that he is so disqualified shall be guilty of an 26. 27, 697. offence and on summary conviction shall be liable to a fine of two
thousand dollars.
$ & & Eliz.
Time limit ter com- mencement
(2) No proceedings under this section shall be commenced except by or with the consent of the Attorney General,
55. Notwithstanding anything in the Magistrates Ordinance, pro- ceedings in respect of any offence against section 46, 47 or 33 may be brought at any time within two years next after the commission of the offence or within six months after the first discovery thereof by the 2. c. 27, s. 24. prosecutor, whichever period expires first.
of certain
proceedings.
3 & 6 Blix.
(Cap. 227),
Agreement
for remunera
tion for non- contentious business.
1 & 6 Eliz.
2. c. 27, s. ST.
PART VI.
REMUNERATION OF SOLICITORS.
Non-contentious Business,
56. (1) Whether or not any rules made under section 74 are in force, a solicitor and his client may, either before or after or in the course of the transaction of any non-contentious business by the solicitor, make an agreement as to the remuneration of the solicitor in respect thereof.
(2) The agreement may provide for the remuneration of the solicitor by a gross sum, or by commission or percentage or by 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, plans, travelling, stamps. fees or other matters.
(3) The agreement shall be in writing and signed by the person
to be bound thereby or his agent in that beball.
(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 unreason- able, 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 amount payable thereunder reduced, the Court may order the agreement to be cancelled, or the amount payable thereunder to be reduced, and may give such con- sequential directions as it thinks fit.
25
solicitor who is a
57. (1) If a mortage is made to a solicitor, either alone or jointly Remunery- with any other person, he, or the firm of which he is a member, shall ton of w be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in negotiating the loan, mortgages. deducing and investigating the title to the property, and preparing and 5 & 6 Eliz
2. c. 27, s. 58. completing the mortgage, such usual 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 that business and do those acts.
(2) If, whether before or after the commencement of this Ordia- ance, 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 any business is transacted or acts done by that solicitor. 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 recover from the person on whose behalf the business was transacted or the acts 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 that business and do those acts. (3) In this section "mortgage" includes any charge on any property for securing money or money's worth.
Contentious Business.
58. A solicitor may make with his client an agreement in writing Power to as to his remuneration, in respect of any contentious business done or nasko
agreements.
to be done by the solicitor for the client, which provides that the 3 & 4 Eliz. solicitor shall be remunerated either by a gross sum or by salary, or 2. e. 27, 8. 59. otherwise, and at either a greater or a less rate than that at which be would otherwise have been entitled to be remunerated.
Misool- laccous
59. (1) An agreement as is referred to in section 58-
(@) shall not affect the amount of, or any rights or remedies for provisions.
the recovery of, any costs payable by the client to, or to the 5 & 6 Eliz client by, any person other than the solicitor, and that person 2. e. 27, s. 60. may, unless he has otherwise agreed, require any such costs
to be taxed according to the rules for the time being in force for the taxation thereof:
Provided that the client shall not be entitled to recover from any other person under any order for the payment of any costs to which the agreement relates more than the amount payable by him to his solicitor in respect thereof under the agreement;