SUPPLEMENT NO. 1, JULY 16, 1948.
157
tion 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 Geo. 5 the solicitor by a gross sum, or by commission or percentage or by c.37, s.57. 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 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 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 consequential directions as it thinks fit.
mortgagee.
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 of a solicitor member, shall be entitled to recover from the mortgagor in respect who is a of all business transacted and acts done by him or them in 22 and 23 negotiating the loan, deducing and investigating the title to the Geo. 5 property, and preparing and completing the mortgage, such usual c.37, s.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 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 the said business and do the said acts.
(3) In this section "mortgage" includes any charge on any property for securing money or money's worth.
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