LEGAL PRACTITIONERS.
No. 1 of 1871.
193
from taxa-
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, mentioned in section 51, or of section 48 of this Ordinance respecting the signing and delivery of the bill of a solicitor.
Miscellaneous.
46. A solicitor may take security from his client for his future costs, to be ascertained by taxation or otherwise.
33 & 34 Vict. c. 28, s. 16.
Payment of
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 order, and so on from time to time as often as any such abatement may happen.
33 & 34 Vict. c. 28, s. 19.
48. It shall be lawful for the court to authorise 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 expired from the delivery of the bill of costs, on proof, to the satisfaction of the court, that there is probable cause for believing that the party chargeable therewith is about to quit the Colony or to become a bankrupt 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 or delay such solicitor in obtaining payment.
38 & 39 Vict. c. 79, s. 2.
49. Any solicitor to whom, either alone or jointly with any other person, a mortgage is made, or the firm of which such solicitor is a member, shall be entitled to receive, for all business transacted and acts done by such solicitor or firm in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, all such usual professional charges and remuneration as he would have been entitled to receive if 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.
58 & 59 Vict. c. 25, s. 2.
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Page 16
LEGAL PRACTITIONERS.
No. 1 of 1871.
193
from taxa-
45. Except as in this Ordinance provided, the bill of a Exemption solicitor for the amount due under an agreement made in of agreement pursuance of the provisions of this Ordinance shall not be tion. subject to any taxation or to the provisions of the Solicitors 33 & 34 Vict. Act, 1843, mentioned in section 51, or of section 48 of this 6 & 7 Vict. Ordinance respecting the signing and delivery of the bill of c. 73. a, solicitor.
Miscellaneous.
c. 28, s. 15.
46. A solicitor may take security from his client for his Security for future costs, to be ascertained by taxation or otherwise.
future costs. 33 & 34 Vict.
c. 28, s. 16.
Payment of
47. Whenever any judgment or order has been made for Revival of payment of costs in any action and such action afterwards order for becomes abated, it shall be lawful for any person interested costs. under such judgment or order to revive such action, and 33 & 3d Vict. thereupon to prosecute and enforce such judgment or order, c. 28, s. 19.
and so on from time to time as often as any such abatement may happen.
48. It shall be lawful for the court to authorise a solicitor Suing for
one month
leave the
c. 79, s. 2.
to commence an action for the recovery of his costs against costs within the party chargeable therewith and also to refer his bill of when client costs and the demand of such solicitor thereupon to be about to taxed, although one month may not have expired from the Colony, etc. delivery of the bill of costs, on proof, to the satisfaction of 38 & 39 Vict. the court, that there is probable cause for believing that the party chargeable therewith is about to quit the Colony or to become a bankrupt 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 or delay such solicitor in obtaining payment.
49. Any solicitor to whom, either alone or jointly with any Charges other person, a mortgage is made, or the firm of which such where mort- solicitor is a member, shall be entitled to receive, for all with solicitor. gage is made business transacted and acts done by such solicitor or firm 58 & 59 Vict.
in negotiating the loan, deducing and investigating the title c. 25, s. 2. to the property, and preparing and completing the mortgage, all such usual professional charges and remuneration as he For they would have been entitled to receive if such mortgage had been made to a person not 'a solicitor, and such person Qad retained and employed such solicitor or firm to transact such business, and do such acts; and such charges and Temuneration "shall accordingly be recoverable' from the mortgagor.
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