A.D. 1871.
A.D. 1871.]
and condi-
LEGAL PRACTITIONERS.
[No. 1.
299
the capacity committee of with the ch amount, ficer of the sallow any be taken client pays igreement, aforesaid,
estate or hereof, for or accepts fit, order
ment.
validity to
any part roceeding ment by
n or pro- such ac-
sposition, fer which
ikruptcy,
s for the
his client has been greement becomes
by any ch party,
ce or set upon, as
ects fair
past per- 1e taxing may be,
to the terms of the agreement; and payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the solicitor.
44.-(1.) If, after any such agreement as aforesaid has been made, the client changes his solicitor before the conclusion of the business to which the agreement relates (which he shall be at liberty to do, notwithstanding the agreement), the solicitor with whom the agreement was made shall be deemed to have become incapable to act under the same within the meaning of the last preceding section.
(2.) On any order being made for taxation of the amount due to such solicitor in respect of the past performance of the agreement, the Court shall direct the taxing officer to have regard to the circumstances under which such change of solicitors has taken place; and, on such taxation, the solicitor shall not be deemed entitled to the full amount of the remuneration agreed to be paid to him, unless it appears that there has been no default, negligence, improper delay, or other conduct on his part affording reasonable ground to the client for such change of solicitors.
45. Except as in this Ordinance provided, the bill of a solicitor for the amount due under an agreement made in pursuance of the provisions of this Ordinance shall not be subject to any taxation or to the provisions of the Solicitors Act, 1843, of the Imperial Parliament (so far as such provisions are hereby extended to this Colony) or of section 48 of this Ordinance respecting the signing and delivery of the bill of a solicitor. Miscellaneous Provisions.
Change of solicitor ment.
after agree-
33 & 34 Vict.
c. 28 s. 14.
Exemption of agreement
from taxa.
tion.
s. 15. c. 73.
6 & 7 Vict.
46. A solicitor may take security from his client for his future costs,
Taking of
to be ascertained by taxation or otherwise.
security for future costs. Ib. s. 16..
Revival of order for payment of
costs.
47. Whenever any judgment or order has been made for payment of costs in any action and such action afterwards becomes abated, it shall be lawful for any person interested under such judgment or order to revive such action, and thereupon to prosecute and enforce such judgment or Ib. s. 19. order, and so on from time to time as often as any such abatement may happen.
48. It shall be lawful for the Court to authorize a solicitor to commence an action for the recovery of his costs against the party chargeable therewith and also to refer his bill of costs and the demand of such solicitor thereupon to be taxed, although one month may not have the Colony,
about to leave
expired from the delivery of the bill of costs, on proof, to the satisfaction etc. of the Court, that there is probable cause for believing that the party 38 & 39 Vict. chargeable therewith is about to quit the Colony or to become a bankrupt c. 79 s. 2. or a liquidating or compounding debtor, or to take any other steps or do any other act which, in the opinion of the Court, would tend to defeat
A.D. 1871.
A.D. 1871.]
and condi-
LEGAL PRACTITIONERS.
[No. 1.
299
he capacity mmittee of with the ch amount, ficer of the sallow any › be taken client pays igreement, aforesaid,
› estate or hereof, for or accepts fit, order
ment.
validity to
· any part roceeding ment by
n or pro- such ac-
sposition, fer which
ikruptcy,
s for the
his client has been greement becomes
by any ch party,
ce or set upon, as
>ects fair
past per- 1e taxing › may be,
to the terms of the agreement; and payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the solicitor.
44.-(1.) If, after any such agreement as aforesaid has been made, the client changes his solicitor before the conclusion of the business to which the agreement relates (which he shall be at liberty to do, not withstanding the agreement), the solicitor with whom the agreement was made shall be deemed to have become incapable to act under the same within the meaning of the last preceding section.
(2.) On any order being made for taxation of the amount due to such solicitor in respect of the past performance of the agreement, the Court shall direct the taxing officer to have regard to the circumstances under which such change of solicitors has taken place; and, on such taxation, the solicitor shall not be deemed entitled to the full amount of the re- muneration agreed to be paid to him, unless it appears that there has been no default, negligence, improper delay, or other conduct on his part affording reasonable ground to the client for such change of solicitors.
45. Except as in this Ordinance provided, the bill of a solicitor for the amount due under an agreement made in pursuance of the provisions of this Ordinance shall not be subject to any taxation or to the provi- sions of the Solicitors Act, 1843, of the Imperial Parliament (so far as such provisions are hereby extended to this Colony) or of section 48 of this Ordinance respecting the signing and delivery of the bill of a solicitor. Miscellaneous Provisions.
Change of solicitor ment.
after agree-
33 & 34 Vict.
c. 28 s. 14.
Exemption of agreement
from taxa.
tion.
s. 15. c. 73.
6 & 7 Vict.
46. A solicitor may take security from his client for his future costs, Taking of to be ascertained by taxation or otherwise.
security for future costs. Ib. s. 16..
Revival of order for payment of
costs.
47. Whenever any judgment or order has been made for payment of costs in any action and such action afterwards becomes abated, it shall be lawful for any person interested under such judgment or order to revive such action, and thereupon to prosecute and enforce such judgment or Ib. s. 19. order, and so on from time to time as often as any such abatement may happen.
48. It shall be lawful for the Court to authorize a solicitor to com- Suing for mence an action for the recovery of his costs against the party charge- costs within
one month
able therewith and also to refer his bill of costs and the demand of when client such solicitor thereupon to be taxed, although one month may not have the Colony,
about to leave expired from the delivery of the bill of costs, on proof, to the satisfaction etc. of the Court, that there is probable cause for believing that the party 38 & 39 Vict. chargeable therewith is about to quit the Colony or to become a bankrupt c. 79 s. 2. or a liquidating or compounding debtor, or to take any other steps or do any other act which, in the opinion of the Court, would tend to defeat
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