194
Right of solicitor with whom mortgage is made or vested by transfer or transmission, to recover costs.
[58 & 59 Vict. c. 25 s. 3.]
No. 1 of 1871.
LEGAL PRACTITIONERS.
such mortgage had been made to a person not a solicitor, and such person had retained and employed such solicitor or firm to transact such business, and do such acts; and such charges and remuneration shall accordingly be recoverable from the mortgagor.
50. Any solicitor to or in whom, either alone or jointly with any other person, any mortgage is made or is vested by transfer or transmission, or the firm of which such solicitor is a member, shall be entitled to receive and recover from the person on whose behalf the same is done or to charge against the security, for all business transacted and acts done by such solicitor or firm subsequent and in relation to such mortgage or to the security thereby created or the property therein comprised, all such usual professional charges and remuneration as he or they would have been entitled to receive if such mortgage had been made to, and had remained vested in, a person not a solicitor, and such person had retained and employed such solicitor or firm to transact such business and do such acts; and accordingly no such mortgage shall be redeemed except on payment of such charges and remuneration.
Extension of certain enactments of 73 to the Colony.
51. So much of the Solicitors Act, 1843, of the Imperial Parliament, sections 4, 5, 28, 29, 32, 37 (except from the words “Provided also that it shall be lawful for any judge” to the end of the section), 38 to 41, and 43, as relates to the competence of attorneys or solicitors to have clerks bound by contracts under articles, the discharge of such contracts, service under such contracts when made with disabled or disqualified persons, the time for making applications for striking off the rolls persons admitted and enrolled erroneously but without fraud, the agency of attorneys or solicitors for disqualified persons, the delivery, reference, and taxation (whether before payment or after) of bills of fees, charges, and disbursements for any business done by attorneys or solicitors, applications of parties and orders of Court for delivery and reference in such cases and for delivery up of deeds, documents, or papers, certificates of taxation and entering up of judgments, and the conditions on which actions or suits may be commenced or maintained by attorneys or solicitors for the recovery of any fees, charges, or disbursements shall (but subject to the provisions herein contained) extend to this Colony.
* As amended by No. 62 of 1911.
As amended by No. 50 of 1911, No. 62 of 1911 and No. 63 of 1911.
Page 15
Page 16
194
Right of solicitor with whom mort-
to recover costs.
[58 & 59 Vict. c. 25 s. 3.]
No. 1 of 1871.
LEGAL PRACTITIONERS.
such mortgage had been made to a person not a solicitor, and such person had retained and employed such solicitor or firm to transact such business, and do such acts; and such charges and remuneration shall accordingly be recoverable from the mortgagor.
50. Any solicitor to or in whom, either alone or jointly with any other person, any mortgage is made or is vested by transfer or trans- gage is made mission, or the firm of which such solicitor is a member, shall be entitled to receive and recover from the person on whose behalf the same is done or to charge against the security, for all business trans- acted and acts done by such solicitor or firm subsequent and in rela- tion to such mortgage or to the security thereby created or the property therein comprised, all such usual professional charges and remuneration as he or they would have been entitled to receive if such mortgage had been made to, and had remained vested in, person not a solicitor, and such person had retained and employed such solicitor or firm to transact such business and do such acts; and accordingly no such mortgage shall be redeemed except on payment of such charges and remuneration.
Extension of certain en-
actinents of
73 to the
Colony.
+
a
51. So much of the Solicitors Act, 1843, of the Imperial Parlia- ment, sections 4, 5, 28, 29, 32, 37 (except from the words “Provided 6 & 7 Vict. c. also that it shall be lawful for any judge' to the end of the section), 38 to 41, and 43, as relates to the competence of attorneys or solici- tors to have clerks bound by contracts under articles, the discharge of such contracts, service under such contracts when made with dis- abled or disqualified persons, the time for making applications for striking off the rolls persons admitted and enrolled erroneously but without fraud, the agency of attorneys or solicitors for disqualified persons, the delivery, reference, and taxation (whether before pay- ment or after) of bills of fees, charges, and disbursements for any business done by attorneys or solicitors, applications of parties and orders of Court for delivery and reference in such cases and for delivery up of deeds, documents, or papers, certificates of taxation and entering up of judgments, and the conditions on which actions or suits may be commenced or maintained by attorneys or solicitors for the recovery of any fees, charges, or disbursements shall (but subject to the provisions herein contained) extend to this Colony.
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* As amended by No. 62 of 1911.
As amended by No. 50 of 1911, No. 62 of 1911 and No. 63 of 1911.
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