628651-1899-Ordinance-9-of-1899-assented-to — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 25TH MARCH, 1899.

No. 9 or 1899.

An Ordinance to amend the Law relating to Solicitors of the Supreme Court.

S

LS

HENRY A. BLAKE,

Governor.

[21st March, 1899.]

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 enacted 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' Short title. Ordinance, 1899.

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tion of terms.

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

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

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Vict. c. 44, 8. 1.

"Client" includes any person who, as a principal, 44 and 45

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:

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'Party includes a body of persons corporate or un-

incorporate: "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:

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'Mortgage "includes any charge on any property

for securing money or money's worth.

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

58 and 59 Vict. c. 25, 8. 4.

3.-(1.) In every case in which a solicitor shall be em- Power to ployed to prosecute or defend any suit, matter, or proceed- Court to ing in the Court, it shall be lawful for the Court to declare charge pro- perty recov. such solicitor cutitled to a charge upon the property recovered ered or pre- or preserved, and upon such declaration being made such served with solicitor shall have a charge upon and against, and a right payment of to payment out of, the property, of whatsoever nature, 23 and 24 tenure, or kind the same may be, which shall have been Vict. c. 127, recovered or preserved through the instrumentality of any s. 28. such solicitor, for the taxed costs of or in reference to such suit, matter, or proceeding.

(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 bonâ 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.

COBES.