298
Prohibition of champertous stipulation.
33 & 34 Vict. c. 28 s. 11.
Exclusion of agreement
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1871.
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 whose estate or property will be chargeable with the amount payable under the agreement or with any part of such amount, the agreement shall before payment be laid before a taxing officer of the Court, and such officer shall examine the same, and may disallow any part thereof or may require the direction of the Court to be taken thereon by motion or petition; and if, in any such case, the client pays the whole or any part of the amount payable under the agreement, without the previous allowance of such officer or the Court as aforesaid, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amount so charged; and if, in any such case, the solicitor accepts payment without such allowance, the Court may, if it thinks fit, order him to refund the amount so received by him under the agreement.
41. Nothing in this Ordinance shall be construed to give validity to any purchase by a solicitor or by his clerk of the interest, or any part of the interest, of his client in any action or other contentious proceeding to be brought or maintained, or to give validity to any agreement by which a solicitor retained or employed to prosecute any action or proceeding stipulates for payment only in the event of success in such action or proceeding.
42. Nothing in this Ordinance shall give validity to any disposition, void in bankruptcy, contract, settlement, conveyance, delivery, dealing, or transfer which may be void or invalid against a trustee or creditor in bankruptcy, arrangement, or composition, under the provisions of the laws for the time being in force relating to bankruptcy. See Ordinance No. 7 of 1891.
Ib. s. 12.
Provision in case of death or incapacity of solicitor making agreement. Ib. s. 13.
43. (1.) Where a solicitor has made an agreement with his client in pursuance of the provisions of this Ordinance, and anything has been done by such solicitor under the agreement, and before the agreement has been completely performed by him such solicitor dies or becomes incapable to act, an application may be made to the Court by any party to the agreement or by the representative of any such party, and the Court shall thereupon have the same power to enforce or set aside the agreement, so far as the same may have been acted upon, as if such death or incapacity had not happened.
(2.) The Court, if it deems the agreement to be in all respects fair and reasonable, may order the amount due in respect of the past performance of the agreement to be ascertained by taxation; and the taxing officer, in ascertaining such amount, shall have regard, so far as may be, to the terms due made complete.
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298
Prohibition of champer- tous stipula. tion.
33 & 34 Vict. c. 28 s. 11.
Exclusion of agreement
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1871.
received by the solicitor to be repaid by him, on such terms and condi- tions 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 whose estate or property will be chargeable with the amount payable under the agreement or with any part of such amount, the agreement shall before payment be laid before a taxing officer of the Court, and such officer shall examine the same, and may disallow any part thereof or may require the direction of the Court to be taken thereon by motion or petition; and if, in any such case, the client pays the whole or any part of the amount payable under the agreement, without the previous allowance of such officer or the Court as aforesaid, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amount so charged; and if, in any such case, the solicitor accepts payment without such allowance, the Court may, if it thinks fit, order him to refund the amount so received by him under the agreement.
41. Nothing in this Ordinance shall be construed to give validity to any purchase by a solicitor or by his clerk of the interest, or any part of the interest, of his client in any action or other contentious proceeding to be brought or maintained, or to give validity to any agreement by which a solicitor retained or employed to prosecute any action or pro- ceeding stipulates for payment only in the event of success in such ac- tion or proceeding.
42. Nothing in this Ordinance shall give validity to any disposition, void in bank- contract, settlement, conveyance, delivery, dealing, or transfer which may be void or invalid against a trustee or creditor in bankruptcy, See Ordinance arrangement, or composition, under the provisions of the laws for the No. 7 of 1891. time being in force relating to bankruptcy.
ruptcy.
Ib. s. 12.
Provision in
or incapacity
of solicitor
making agreement. Ib. s. 13.
43. (1.) Where a solicitor has made an agreement with his client case of death in pursuance of the provisions of this Ordinance, and anything has been done by such solicitor under the agreement, and before the agreement has been completely performed by him such solicitor dies or becomes incapable to act, an application may be made to the Court by any party to the agreement or by the representative of any such party, and the Court shall thereupon have the same power to enforce or set aside the agreement, so far as the same may have been acted upon, as if such death or incapacity had not happened.
(2.) The Court, if it deems the agreement to be in all respects fair and reasonable, may order the amount due in respect of the past per- formance of the agreement to be ascertained by taxation; and the taxing officer, in ascertaining such amount, shall have regard, so far as may be,
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