SUPPLEMENT NO. 1, JULY 16, 1948.
163
61. (1) Where a person, other than the person who is the Taxation on party chargeable with the bill for the purposes of section 60, has application
of third paid, or is or was liable to pay, the bill either to the solicitor or
parties and to the party chargeable with the bill, that person or his beneficiaries administrators, executors or assignees may apply to the court for under trustee, an order for the taxation of the bill as if he were the party etc.
22 and 23 chargeable therewith, and the court may make thereon the same
Geo. 5 order, if any, as it might have made if the application had been C.37, s.67. 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 sub-section;
applicant.
(b) the extent and nature of the interest of the
(3) If an applicant under sub-section (2) pays any moneys to the solicitor he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the bill as the solicitor had.
(4) The following provisions shall apply to applications made under this section: --
(a) except in special circumstances no order shall be made for the taxation of a bill which has already been taxed;
(b) the court may, if it orders taxation of the bill, order the solicitor to deliver to the applicant a copy of the bill upon payment of the costs of that copy.
62. (1) Every application for an order for the taxation of a General solicitor's bill or for the delivery of such a bill and the delivering provisions as up of any deeds, documents and papers by a solicitor shall be to taxations. made the matter of that solicitor.
22 and 23 Geo. 5
C.37, s.68.
10
ין
-
1