104
No. 1 of 1871.
LEGAL PRACTITIONERS.
Agreement to exclude further claims.
33 & 34 Vict. c. 28, s. 6.
Reservation of responsibility for negligence. 33 & 34 Vict. c. 28, s. 7.
Examination and enforcement of agreement.
33 & 34 Vict. c. 28, s. 8.
Setting aside agreement.
c. 28, s. 9.
36. Such an agreement shall be deemed to exclude any further claim of the solicitor beyond the terms of the agreement in respect of any costs in relation to the conduct and completion of the business in reference to which the agreement is made, except such costs, if any, as are expressly excepted by the agreement.
37. A provision in any such agreement that the solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as such solicitor, shall be wholly void.
38. (1) No action shall be brought upon any such agreement; but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced or set aside, by the court, without action, on motion or petition of any person or the representative of any person, being a party to such agreement, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid the costs in respect of which the agreement is made.
(2) Such motion or petition shall be made or presented to the court in its original jurisdiction where the amount payable under the agreement exceeds one thousand dollars, and in its summary jurisdiction where it does not exceed one thousand dollars.
39. (1) On any such motion or petition, if it appears to the court that the agreement is in all respects fair and reasonable between the parties, the same may be enforced by the court, by rule or order, in such manner and subject to such conditions, if any, as to the costs of such motion or petition, as the court may think fit; but if the terms of such agreement are not deemed by the court to be fair and reasonable, the same may be declared void, and the 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.
104
No. 1 of 1871.
LEGAL PRACTITIOners.
Agreement to exclude fur- ther claims.
33 & 34 Vict. c. 28, s. 6.
Reservation
of responsi- bility for negligence. 33 & 34 Vict. c. 28, s. 7.
Examination and enforce- ment of agreement.
33 & 34 Vict. c.. 28, s. 8.
Setting aside
agreement.
c. 28, s. 9.
36. Such an agreement shall be deemed to exclude any further claim of the solicitor beyond the terms of the agreement in respect of any costs in relation to the conduct and completion of the business in reference to which the agreement is made, except such costs, if any, as are expressly excepted by the agreement.
37. A provision in any such agreement that the solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as such solicitor, shall be wholly void.
38. (1) No action shall be brought upon any such agree- ment; but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced or set aside, by the court, without action, on motion or petition of any person or the representative of any person, being a party to such agreement, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid the costs in respect of which the agreement is made.
(2) Such motion or petition shall be made or presented to the court in its original jurisdiction where the amount payable under the agreement exceeds one thousand dollars, and in its summary jurisdiction where it does not exceed one thousand dollars.
39.-(1) On any such motion or petition, if it appears to of improper the court that the agreement is in all respects fair and reasonable 33 & 34 Vict. between the parties, the same may be enforced by the court, by rule or order, in such manner and subject to such conditions, if any, as to the costs of such motion or petition, as the court may think fit; but if the terms of such agreement are not deemed by the court to be fair and reasonable, the same may be declared void, and the 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.
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