627895-1899-Bills-read-first-time--Naturalization-of-Mak-Ngan-Wan-Hongkong-and-Shanghai-Bank-Amendment-Public-Buildings-and-Places-Amendment-Sung-Wong-Toi-Reservation-Dogs-Amendment-Vehicles-Regulation-Solicitors — Page 8

THE HONGKONG GOVERNMENT GAZETTE, 28TH JANUARY, 1899.

a taxing officer of the Court; and if it shall appear to such taxing officer that the agreement is not fair and reasonable, he may require the opinion of the Court to be taken thereon by motion or petition; and the Court shall have power either to reduce the amount payable under the agreement, or to order the agreement to be cancelled, and the costs in respect of the business done to be taxed in the same manner as if no such agreement had been made.

5. Such an agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs recover- able from the client by any other person, or payable to the client by any other person, and any such other person may require any costs payable or recoverable by him to or from the client to be taxed according to the rules for the time being in force for the taxation of such costs, unless such person has otherwise agreed: Provided always that the client who has entered into such agreement shall not be entitled to recover from any other person, under any order for the payment of any costs which are the subject of such agree- ment, more than the amount payable by the client to his own solicitor under the same.

6. Such an agreement shall be deemed to exclude any further claim of the solicitor beyond the terms of the agree- ment, in respect of any costs in relation to the conduct and completion of the business in reference to which the agree ment is made, except such costs, if any, as are expressly excepted by the agreement.

Saving of in-

terests of bid, s. 5. third parties.

Agreement to exclude fur- ther claims. Ibid, s. 6.

7. A provision in any such agreement that the solicitor Reservation shall not be liable for negligence, or that he shall be relieved of responsi- from any responsibility to which he would otherwise be bility for subject as such solicitor, shall be wholly void.

negligence. Ibid, s. 7.

8.-(1.) No suit shall be brought or instituted upon any Examination such agreement; but every question respecting the validity and enforce- or effect of any such agreement may be examined and deter- ment of

agreemenis. mined, and the agreement may be enforced or set aside by Ibid, s. 8 the Court, without suit, ou motion or petition of any person, adapted, or the representative of any person, a party to such agree- ment, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid, the costs, in respect of which the agreement is made.

(2.) Such motion or petition shall be made or presented to the Court in its Original Jurisdiction in cases where The amount payable under the agreement exceeds one thou- sand dollars, and in its Summary Jurisdiction in cases where the amount payable under the agreement does not exceed one thousand dollars.

9. Upon any such motion or petition as aforesaid, if it Improper shall appear to the Court that such agreement is in all agreements respects fair and reasonable between the parties, the same may be set

aside. may be enforced by the Court by rule or order in such Ibid, s. 9. manner and subject to such conditions, if any, as to the costs of such motion or petition, as the Court may think fit, but if the terms of such agreement shall not be deemed by the Court to be fair and reasonable, the same may be declared void, and the Court shall thereupon have power to order such agreement to be given up to be cancelled, and may direct the costs incurred or chargeable in respect of the matters included therein to be taxed in the same manner and according to the same rules as if such agreement had not been made. The Court may also make such order as to the costs of and relating to such motion or petition and the proceedings thereon, as to the Court may seem fit.

10.-(1.) When the amount agreed for under any such Agreements agreement has been paid by or on behalf of the client, or may be re- by any person chargeable with or entitled to pay the

opened after same, the Court may, upon application by the person who has special cases.

payment in paid such amount, within twelve months after the payment Ibid, s. 10, thereof, if it appears to the Court that the special circum- stances of the case require the agreement to be re-opened, re-open the same, and order the costs to be taxed and the whole or any portion of the amount received by the solicitor to be repaid by him, on such terms and conditions as to the Court may seem just.

(2.) Where any such agreement is made by the client in the capacity of guardian, or of trustee under a deed or will, or of committee of any person or persons whose estate or property will be chargeable with the amount payable under such agreement, or with any part of such amount, the

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