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78

THE HONGKONG GOVERNMENT GAZETTE, 28TH JANUARY, 1899.

Short title.

Interpreta- tion of terms

44 and 45 Vict. c. 14, s. 1.

44 and 45 Viet. C. 44. s. 1.

58 and 59 Vict. c. 25,

s. 4.

Power of

Courts to

perty recov

ered or pre- served with

A BILL

ENTITLED

An Ordinance to amend the Law relating to

Solicitors of the Supreme Court.

WHEREAS it is expedient to amend the law relating to the admission of Solicitors of the Supreme Court and to the remuneration of such Solicitors.

BE it cuacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Solicitors' Ordinance, 1899.

2. In this Ordinance, unless the context otherwise requires,-

1. "Court" means the Supreme Court and includes the Chief Justice and Puisne Judge of the Supreme Court sitting together or separately in Court or in Chambers:

2. "Solicitor" means an attorney, solicitor, or proctor qualified according to the provisions of the laws for the time being in force in this Colony relating to the admission and qualification of attorneys, solicitors, and proctors:

3. "Client" includes any person who, as a principal, or on behalf of another person, or as trustee or executor, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs, or is about to retain or employ, a solicitor, and any person for the time being liable to pay to a solicitor for his services, any costs, remuneration, charges, expenses, or disbursements:

4. "Party" includes a body of persons corporate or

unincorporate:

5. "Costs" includes all moneys, by whatever name called, which a client pays or is liable to pay to a solicitor for or in respect of or in anticipation of services rendered or to be rendered to him by such solicitor, or for or in respect of any fees, charges, or disbursements paid or made or to be paid or made by such solicitor for him or on his behalf:

6.

Mortgage" includes any charge on any property for securing money or money's worth.

3.-(1.) In every case in which a solicitor shall be em- ployed to prosecute or defend any suit, matter, or proceed- charge pro- ing in the Court it shall be lawful for the Court to declare such soliciter entitled to a charge upon the property recovered or preserved, and upon such declaration being made such solicitor shall have a charge upon and against, and a right to payment out of, the property, of whatsoever nature, Vict. c. 127, tenure, or kind the same may be, which shall have been recovered or preserved through the instrumentality, of any such soliciter, for the taxed costs, of or in reference to such suit, matter, or proceeding.

payment of costs.

23 and 24

s. 28.

Remunera- tion of soli-

agreement.

33 and 34 Vict. c. 28, s. 4.

(2.) It shall be lawful for the Court to make such order or orders for taxation of, and for raising and payment of, such costs, out of the said property as to the Court shall appear just and proper.

(3.) All conveyances and acts done to defeat, or which shall operate to defeat, such charge or right shall, unless made to a bona fide purchaser for value without notice, be absolutely void and of no effect as against such charge or right:

Provided always that no such order shall be made by the Court in any case in which the right to recover payment of such costs is barred by any statute of limitations.

4. A solicitor may make an agreement in writing with his client respecting the amount and manner of payment for citor may be the whole or any part of any past or future costs in respect fixed by

of business done or to be done by such solicitor, whether as a solicitor or as an advocate or conveyancer, either by a gross sum, or by commission or per-centage, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and conditions in this Ordinance contained: Provided always that when any such agreement shall be made in respect of business done or to be done in any suit the amount payable under the agreement shall not be recoverable by the solici- tor until the agreement has been examined and allowed by