194
Right of
solicitor with whom mort-
gage is made
to recover costs.
c. 25, s. 3.
Extension of certain enactments of
6 & 7 Vict. c. 73 to the Colony.
No. 1 of 1871.
LEGAL PRACTITIONERS.
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.
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.
Striking off rolls.
Exception of Law Officers.
52. The court shall have power, for reasonable cause, to remove and strike off from the rolls of the court the name of any barrister or solicitor.
53. The provisions of this Ordinance shall not apply to the Attorney General or to the Assistant Attorney General or to the Crown Solicitor or any Assistant Crown Solicitor.
* As amended by Law Am. Ord., 1923.
194
Right of
solicitor with whom mort-
gage is made
to recover. costs.i
c. 25, s. 3.
Extension of certain "enactments of
6 & 7, Vict. c. 73 to the Colony.
No. 1 of 1871.
LEGAL PRACTITIONERS.
})
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 58 & 59 Vict. 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. 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 dis- bursements shall (but subject to the provisions herein contained) extend to this Colony.
Striking off rolls.
Exception of Law Officers,
*
•
52. The court shall have power, for reasonable cause, to remove and strike off from the rolls of the court the name of any barrister or solicitor.
53. The provisions of this Ordinance shall not apply to the Attorney General or to the Assistant Attorney General or to the Crown Solicitor or any Assistant Crown Solicitor.
* As amended by Law Am. Ord,, 1923.
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