LEGAL PRACTITIONERS.
No. 1 of 1871.
191
Court shall thereupon 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 relating to such motion or petition and the proceedings thereon as to the Court may seem fit.
Re-opening special cases. 33 & 34 Vict. c. 28 s. 10.
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 12 months after the payment 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 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 who 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.
**Prohibition of champertous stipulation.**
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
* As amended by No. 63 of 1911.
[ib. s. 11.]
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LEGAL PRACTITIONERS.
No. 1 of 1871.
191
Court shall thereupon 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 agree- ment had not been made.
(2) The Court may also make such order as to the costs of and relating to such motion or petition and the proceedings thereon as to the Court may seem fit.
Re-opening
special cases. 33 & 34 Vict. c. 28 s. 10.]
ment in
**
40.-(1) When the amount agreed for under any such agreement of agreement has been paid by or on behalf of the client or by any person charge- after pay- able with or entitled to pay the same, the Court may, on applica- tion by the person who has paid such amount, within 12 months after the payment 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 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 capa- city 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 who 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 afore- said, 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.
tous stipula- tion.
41. Nothing in this Ordinance shall be construed to give validity Prohibition to any purchase by a solicitor or by his clerk of the interest, or any
of champer- 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
* As amended by No. 63 of 1911.
[ib. s. 11.]
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