CAP. 159]
[s. 61 cont.]
General
provisions as
to taxations. 22 and 23 Geo. 5
c. 37, s. 68.
Charging
orders.
22 and 23 Geo. 5
c. 37, s. 69.
Legal Practitioners.
(3) If an applicant under subsection (2) pays any moneys to the solicitor he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the bill as the solicitor had.
(4) The following provisions shall apply to applications made under this section-
(a) except in special circumstances no order shall be made for the taxation of a bill which has already been taxed;
(b) the court may, if it orders taxation of the bill, order the solicitor to deliver to the applicant a copy of the bill upon payment of the costs of that copy.
62. (1) Every application for an order for the taxation of a solicitor's bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by a solicitor shall be made the matter of that solicitor.
(2) The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered thereby, and the court may make such order in relation thereto as it thinks fit, including in a case where the retainer is not disputed an order that judgment be entered for the sum certified to be due with costs.
63. Any court in which a solicitor has been employed to prosecute or defend any suit, matter or proceeding may at any time declare the solicitor entitled to a charge on the property recovered or preserved through his instrumentality for his taxed costs in reference to that suit, matter or proceeding and may make such orders for the taxation of the said costs and for raising money to pay, or for paying, the said costs out of the said property, as it thinks fit, and all conveyances and acts done to defeat, or operating to defeat, that charge, shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the solicitor: Provided that no order shall be made if the right to recover the costs is barred by any statute of limitations.
248
Page 30
Page 31
CAP. 159]
[s, 61 cont.]
General
provisions as
to taxations. 22 and 23 Geo. 5
c. 37, s. 68.
Charging
orders.
22 and 23 Geo. 5
c. 37, s. 69.
Legal Practitioners.
(3) If an applicant under subsection (2) pays any moneys to the solicitor he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the bill as the solicitor had.
(4) The following provisions shall apply to applications made under this section-
(a) except in special circumstances no order shall be made for the taxation of a bill which has already been taxed;
(b) the court may, if it orders taxation of the bill, order the solicitor to deliver to the applicant a copy of the bill upon payment of the costs of that copy.
62. (1) Every application for an order for the taxation of a solicitor's bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by a solicitor shall be made the matter of that solicitor.
(2) The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered thereby, and the court may make such order in relation thereto as it thinks fit, including in a case where the retainer is not disputed an order that judgment be entered for the sum certified to be due with costs.
63. Any court in which a solicitor has been employed to prosecute or defend any suit, matter or proceeding may at any time declare the solicitor entitled to a charge on the property recovered or preserved through his instrumentality for his taxed costs in reference to that suit, matter or proceed- ing and may make such orders for the taxation of the said costs and for raising money to pay, or for paying, the said costs out of the said property, as it thinks fit, and all conveyances and acts done to defeat, or operating to defeat, that charge, shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the solicitor: Provided that no order shall be made. if the right to cover the costs is barred by any statute of limitations.
248
Page 30Page 31
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