1.D. 1871.
property as
· operate to purchaser as against
ourt in any red by any
his client
or any part be done by
aveyancer, salary or
rate as or
nunerated, Ordinance : respect of under the
agreement
t; and if úd reason- hereon by reduce the ient to be ixed in the ement had
any rights
e client by
*
and any
le by him time being otherwise
into such ton, under
t of such n solicitor
ther claim
A.D. 1871.]
LEGAL PRACTITIONERS.
[No. i.
of the solicitor beyond the terms of the agreement in respect of any costs in relation to the conduct and completion of the business in reference to which the agreement is made, except such costs, if any, as are expressly excepted by the agreement.
297
exclude fur- 33 & 34 Vict. c. 28 s. 6.
ther claims.
of responsi-
37. A provision in any such agreement that the solicitor shall not be Reservation liable for negligence, or that he shall be relieved from any responsibility bility for to which he would otherwise be subject as such solicitor, shall be wholly negligence.
void.
Ib. s. 7.
and enforce- ment of
Ib. s. 8.
38.-(1.) No action shall be brought upon any such agreement; Examination" but every question respecting the validity or effect of any such agree- ment may be examined and determined, and the agreement may be agreement. enforced or set aside, by the Court, without action, on motion or petition of any person or the representative of any person, being a party to such agreement, 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 thousand dollars and in its Summary Juris- diction in cases where the amount payable under the agreement does not exceed one thousand dollars.
of improper agreement.
39.-(1.) On any such motion or petition as aforesaid, if it appears Setting aside to the Court that the agreement is in all respects fair and reasonable between the parties, the same may be enforced by the Court, by rule or order, in such 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 are not deemed by the Court to be fair and reasonable, the same may be declared void, and the Court shall there- upon 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 the agreement had not been made.
(2.) The Court may also make such order as to the costs of and re- lating to such motion or petition and the proceedings thereon as to the Court may seem fit.
40.-(1.) When the amount agreed for under any such agreement has been paid by or on behalf of the client or by any person chargeable with or entitled to pay the same, the Court may, on application by the person who has paid such amount, within twelve months after the pay- ment thereof, if it appears to the Court that the special circumstances 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
Re-opening of agreement ment in
after pay-
15. s. 10.
special cases.
Page 10
of
1.D. 1871.
property as
· operate to purchaser as against
ourt in any red by any
his client
or any part be done by
aveyancer, salary or
rate as or
nunerated, Ordinance : respect of under the
agreement
t; and if úd reason- hereon by reduce the ient to be ixed in the ement had
any rights
e client by
*
and any
le by him time being otherwise
into such ton, under
t of such n solicitor
ther claim
A.D. 1871.]
LEGAL PRACTITIONERS.
[No. i.
of the solicitor beyond the terms of the agreement in respect of any costs in relation to the conduct and completion of the business in reference to which the agreement is made, except such costs, if any, as are expressly excepted by the agreement.
297
exclude fur- 33 & 34 Tiet. c. 28 s. 6.
ther claims.
of responsi-
37. A provision in any such agreement that the solicitor shall not be Reservation liable for negligence, or that he shall be relieved from any responsibility bility for to which he would otherwise be subject as such solicitor, shall be wholly negligence.
void.
Ib. s. 7.
and enforce- ment of
Ib. s. 8.
38.-(1.) No action shall be brought upon any such agreement; Examination" but every question respecting the validity or effect of any such agree- ment may be examined and determined, and the agreement may be agreement. enforced or set aside, by the Court, without action, on motion or petition of any person or the representative of any person, being a party to such agreement, 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 thousand dollars and in its Summary Juris- diction in cases where the amount payable under the agreement does not exceed one thousand dollars.
of improper agreement.
39.-(1.) On any such motion or petition as aforesaid, if it appears Setting aside to the Court that the agreement is in all respects fair and reasonable between the parties, the same may be enforced by the Court, by rule or Ïb. s. 9. order, in such 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 are not deemed by the Court to be fair and reasonable, the same may be declared void, and the Court shall there- upon 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 the agreement had not been made.
(2.) The Court may also make such order as to the costs of and re- lating to such motion or petition and the proceedings thereon as to the Court may seem fit.
40.-(1.) When the amount agreed for under any such agreement has been paid by or on behalf of the client or by any person chargeable with or entitled to pay the same, the Court may, on application by the person who has paid such amount, within twelve months after the pay- ment thereof, if it appears to the Court that the special circumstances 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
Re-opening of agreement ment in
after pay-
15. s. 10.
special cases.
Page 10of
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