LEGAL PRACTITIONERS.
No. 1 of 1871.
189
and a right to payment out of the property, of whatsoever nature, tenure, or kind the same may be, which may have been recovered or preserved through the instrumentality of such solicitor, for the taxed costs of or in reference to such action, matter, or proceeding. (2) It shall be lawful for the Court to make such order for taxation of and for raising and payment of such costs out of the said property as to the Court may appear just and proper.
(3) All conveyances and acts done to defeat, or which may operate to defeat, such charge or right shall, unless made to a bona 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.
Remuneration of solicitors.
Fixing of remuneration of solicitor by agreement. [33 & 34 Vict.
34. A solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of any past or future costs in respect of business done or to be done by such solicitor, whether as a solicitor or as an advocate or conveyancer, either by a gross sum, or by commission or percentage, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and conditions contained in this Ordinance: Provided always that when any such agreement is made in respect of business done or to be done in any action, the amount payable under the agreement shall not be recoverable by the solicitor until the agreement has been examined and allowed by a taxing officer of the Court; and if it appears 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 and according to the same rules as if such agreement had not been made.
35. Such an agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to the client by any other person.
* As amended by No. 63 of 1911.
Saving of interests of third parties. [ib. s. 5.]
*
Page 10
Page 11
LEGAL PRACTITIONERS.
No. 1 of 1871.
189
and a right to payment out of the property, of whatsoever nature, tenure, or kind the same may be, which may have been recovered or preserved through the instrumentality of such solicitor, for the taxed costs of or in reference to such action, matter, or proceeding. (2) It shall be lawful for the Court to make such order for taxation of and for raising and payment of such costs out of the said property as to the Court may appear just and proper.
(3) All conveyances and acts done to defeat, or which may operate to defeat, such charge or right shall, unless made to a bona 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.
Remuneration of solicitors.
Fixing of
of solicitor by
remuneration
agreement. [33 & 34 Vict.
34. A solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of any past or future costs in respect of business done or to be done by such solicitor, whether as a solicitor or as an advocate č. 28 s. 4.] or conveyancer, either by a gross sum, or by commission or percent- age, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and condi- tions contained in this Ordinance: Provided always that when any such agreement is made in respect of business done or to be done in any action, the amount payable under the agreement shall not be recovereable by the solicitor until the agreement has been examined and allowed by a taxing officer of the Court; and if it appears 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 and according to the same rules as if such agreement had not been made.
35. Such an agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to the client by any other
* As amended by No. 63 of 1911.
Saving of interests of [ib. s. 5.] third parties.
*
Page 10Page 11
No comments yet.
Private notes are available after approval.