Taxation after payment. Graduates. Barristers. Ten year clerks. Four years' service. Articles to be registered. Employment of articled clerks. Where service expires in vacation. Penalty for wrongfully act 41. A bill may be taxed within twelve months after payment if in the opinion of the court or a judge the special circumstances of the case so require, and subject to such conditions as to the court or judge shall seem right. An Act to amend the Laws relating to Solicitors, Proctors, and Certificated Conveyancers. 23 & 24 VICT. C. 127. 2. Certain graduates as in this section mentioned may be admitted after three years' service, and after being examined and sworn. 3. Barristers may be admitted after three years' service, and after being examined and sworn. 4. Persons having been for ten years bona fide clerks to solicitors, or proctors, may be admitted after three years' service, and after being examined and sworn. 5. The Chief Justice and Master of the Rolls may make regulations that persons who have passed examinations in certain universities before articles may be admitted after four years' service. 6. Sect. 6 of 6 & 7 Vict. c. 73 (a), extended to clerks articled for four years only. 7. Articles of clerkship and any assignment thereof shall be produced to the registrar of [solicitors] within three months from enrolment, and a fee of five shillings paid, and if not so produced the service shall commence from the date of production, unless a judge's order shall be obtained to the contrary, notice of the application for which shall be given to the registrar. 10. No articled clerk shall hold any office or engage in any employment whatsoever other than the employment of clerk to the solicitor to whom articled, and his partner or partners, if any, in the business, practice, or employment of a solicitor, save as by the 6 & 7 Vict. c. 73, or this Act, otherwise provided, and every articled clerk shall, before admission, prove by the affidavit required by the 6 & 7 Vict. c. 73, s. 14, that he has held no office and engaged in no employment contrary to this enactment. (b) 12. Where the term of service expires in any vacation, the [final] examination may be passed in the preceding term. 26. Persons acting contrary to the 6 & 7 Vict. c. 73, s. 2, shall ing as solicitor. be guilty of contempt, unable to recover fees, and liable to forfeit 501. for every offence, to be recovered in a superior or County (a) See ante, p. 342. (b) See, however, 37 & 38 Vict. c. 68, ss. 4-6, post, pp. 344, 350. Court, with the sanction of the Attorney-General, and in the name of the Incorporated Law Society. 28. Power to courts of justice to charge property recovered by Charge on proa solicitor on behalf of a client with the payment of the costs. The Solicitors Act, 1870. 33 & 34 VICT. c. 28. PART I.-Agreements between Solicitors and their Clients. perty recovered. agreement. 4. A solicitor may make an agreement in writing (a) with this Remuneration client respecting the amount and manner of payment for the may be fixed by whole or any part of any past or future services, fees, charges, or disbursements, in respect of business done or to be done by such solicitor, either by a gross sum or by commission or percentage, or by salary or otherwise subject to the provisions in this part of the Act contained. Proviso: When any such agreement shall be made in respect of business done or to be done in any action at law or suit in equity, the amount payable under the agreement shall not be received by the solicitor until the agreement has been examined and allowed by a taxing officer of a court having power to enforce the same; and if it shall appear to such officer that the agreement is not fair and reasonable, he may require the opinion of a court or judge to be taken thereon by motion or petition, and such court or judge shall have power to reduce the amount or cancel the agreement, and order the costs to be taxed as if no agreement had been made. parties. 5. Such agreement shall not affect the amount of or the rights Saving of or remedies for the recovery of any costs recoverable from the interests of third client by any other person, or payable to the client by any other person. Provided that the client who has entered into such agreement shall not be entitled to recover under order for payment of any costs which are the subject of such agreement more than the amount payable by the client to his own solicitor under the same. 6. Such agreement shall exclude any further claim of the Agreements to solicitor in respect of charges, &c., in relation to the conduct and exclude further completion of the business in reference to which the agreement is made, except such (if any) as are expressly excepted by the agreement. claims. 7. A provision in such agreement that the solicitor shall not Negligence. be liable for negligence, or that he shall be relieved from the ordinary responsibility of a solicitor, shall be void. 8. No action or suit shall be brought upon any such agree- Examination (a) The agreement must be signed by both parties: (Re Raven; Ex purte Pitt, 45 L. T. 742.) and enforcement of agreements. Setting aside agreements. Re-opening agreements after payment. Certain stipula ment, but questions affecting the same may be examined and determined, and the agreement enforced or set aside on motion or petition of any person, or the representative of any person, 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, &c., in respect of which the agreement is made, by the court in which the business or any part thereof was done, or a judge thereof, or if not done in any court then where the amount payable under the agreement exceeds 501. by any superior court of law or equity, or a judge thereof, and if not exceeding 501. by the judge of a County Court which would have jurisdiction in an action upon the agreement. 9. Such court or judge may enforce such agreement if it shall appear fair and reasonable; but if otherwise, may declare the same to be void, order it to be cancelled, and the costs to be taxed, as if no agreement had been made, and make an order as to the costs of the application. 10. When the amount agreed for under any such agreement has been paid such court or judge may, if special circumstances appear to require it, re-open the agreement within twelve months after payment, and order taxation and repayment of the whole or a portion of the amount. Where such agreement is made by the client as guardian, trustee, or committee of any person whose property will be chargeable with the amount payable, the agreement shall before payment be laid before the taxing officer of a court having jurisdiction to enforce the agreement, who shall examine the same, and may disallow any part, or require the direction of the court or a judge to be taken thereon by motion or petition. In case of previous payment of the whole, or part, without the previous allowance by such officer, court, or judge, the trustee, &c., shall at any time be liable to account to the person whose estate is charged with the amount paid. If the solicitor accept payment without such allowance, such court may order him to refund the amount received. 11. Nothing contained in this Act shall give validity to a tions prohibited. purchase of a client's interest in any suit or action to be brought or maintained, or any agreement stipulating for payment only in the event of success Death or incapa city of solicitor. 12. Nor give validity to contracts void under the bankruptcy laws. 13. Where death or incapacity of a solicitor occurs when the agreement is in part performed, such court as before mentioned shall, on application being made, have power to enforce or set aside the same so far as the same may have been acted upon; and if the agreement be fair and reasonable, may order the amount due to be ascertained by taxation, and payment thereof may be enforced as if the agreement had been completely performed. solicitor. 14. If, after the agreement shall be made, the client shall Change of change his solicitor before the conclusion of the business (which he may do notwithstanding the agreement), the solicitor shall be deemed to have become incapable to act within sect. 13; and upon any order being made for taxation of the amount due to him, the court shall direct the taxing master to have regard to the circumstances under which such change has taken place; and the solicitor shall not be entitled to the full amount agreed to be paid unless it appears that there has been no default, negligence, or improper delay, or other conduct on his part affording reasonable ground for such change. 15. Except as herein before provided, the bill of a solicitor for Exemption from the amount due under such agreement shall not be subject to taxation, &c. taxation, nor to the provisions as to signing and delivering. PART II.-General Provisions. 16. Security may be taken for future costs. Security for Interest. 17. Subject to any general rules or orders to be hereafter costs. made, interest may be allowed on taxation in respect of disbursements by a solicitor for his client, and moneys of the client improperly retained by the solicitor. The Solicitors Act, 1874. 37 & 38 VICT. c. 68. (a) 4. Sect. 10 of the 23 & 24 Vict. c. 127, shall not henceforth Employment of apply to cases in which any person bound by articles as therein articled clerks. mentioned shall before or after he enters upon the office or engages in the employment have applied for and obtained (a) The consent thereto in writing of the solicitor to whom he is bound; and (b) The sanction thereto of the Master of the Rolls, or one of the judges of the High Court of Justice, to be evidenced by an order of such judge. Proviso: This section shall apply to the case of any person bound by articles expiring after or not more than two years before the passing of this Act, who shall have held any office or been engaged in any employment during the service under such articles before or after the passing of this Act, and who within one year after the passing of this Act, or within one year after the expiration of his articles, shall prove, by an affidavit from the solicitor to whom he is bound, or by such other evidence as shall be satisfactory to such judge, that (a) See ante, p. 346. Conditions may be imposed. Proof of compliance with conditions. Notice to regis tion to strike off roll. the holding of such office, or being engaged in such employment, was with the consent of the solicitor to whom he was or is bound, and has not interfered with due service under such articles; and the judge hearing such application shall have power to make any order which he shall think fit as to the service by the person so bound as aforesaid for the remainder of the term of service of his articles, or any part thereof, after the acceptance of such office, or as to the passing of any examination. Proviso: Not less than fourteen days before any such application to a judge is made, notice in writing shall be given to the registrar of [solicitors], stating the names and residences of the applicant and of the solicitor to whom he is bound, and the nature of the office or employment, and the time it is expected to occupy. 5. Any such judge making any such order may in and by the order impose on the applicant such terms and conditions touching the office or engagement and his employment therein as such judge thinks fit. 6. Where any terms or conditions shall be so imposed, and the person authorised by the order shall accept the office, or engage in the employment, he shall, before being admitted a solicitor, prove to the satisfaction of one of the judges aforesaid, and of the examiners for the time being appointed under the provisions of the 23 & 24 Vict. c. 127, or of any Act amending the same, to examine persons applying to be admitted as solicitors, that he has duly observed and fulfilled those terms and conditions. 7. Where application is intended to be made for an order or trar of applica rule to strike the name of any solicitor (not being a solicitor making the application) off the roll of solicitors, or for an order or rule to compel him to answer the matters of an affidavit, notice in writing shall be given to the registrar of such intended application fourteen clear days at the least before such application shall be made. Registrar may appear at hearing, &c. 8. Copies of all affidavits intended to be used in support of such application shall be delivered to the registrar with the notice. 9. The court shall not entertain any such application except upon production of an affidavit proving that the notice required by this Act has been duly given, and that copies of all such affidavits have been duly delivered to the registrar. 10. The registrar may appear by counsel upon the hearing of such application, and upon any other proceedings arising any out of or in reference to the application, and may apply to the court to make absolute any rule nisi which may have been granted by the court in the matter of such application, or to make an order that the name of the solicitor be struck off the roll of solicitors, or, as the case may be, to order the solicitor to |