THE SOLICITORS' REMUNERATION ACT, 1881. (44 & 45 Vic. c. 44.) For Making Better Provision respecting the Remuneration of Solicitors in Conveyancing and other Non-contentious Business. [22nd August, 1881 Preliminary. 1.-(1.) This Act may be cited as the "Solicitors' Short title, Remuneration Act, 1881." (2.) This Act does not extend to Scotland. (3.) In this Act— "Solicitor" means a solicitor or proctor qualified extent, interpretation. Sum. p. 89. Sec. 1. Sum., p. 89. General Orders tion in convey Sum. p. 89. "Person" includes a body of persons corporate or unincorporate : "Incorporated Law Society" means, in England, the society referred to under that title in the Act passed in the session of the 23rd and 24th years of Her Majesty's reign, intituled “An Act to amend the Laws relating to Attorneys, Solicitors, Proctors and Certificated Conveyancers," and in Ireland, the society referred to under that title in the "Attorneys' and Solicitors' Act (Ireland), 1866 ”: "Provincial law societies or associations means all bodies of solicitors in England incorporated by Royal Charter, or under the Joint Stock Companies' Act, other than the Incorporated Law Society above mentioned. General Order. Power to make 2. In England, the Lord Chancellor, the Lord Chief for remunera Justice of England, the Master of the Rolls, and the ancing, &c. president for the time being of the Incorporated Law Society, and the president of one of the provincial law societies or associations, to be selected and nominated from time to time by the Lord Chancellor to serve during the tenure of office of such president, or any three of them, the Lord Chancellor being one; and in Ireland, the Lord Chancellor, the Lord Chief Justice of Ireland, the Master of the Rolls, and the president for the time being of the Incorporated Law Society, or any three of them, the Lord Chancellor being one, may from time to time make any such General Order as to them seems fit for prescribing and regulating the remuneration of solicitors in respect of business connected with sales, purchases, leases, mortgages, settlements, and other matters of conveyancing, and in respect of other business not Sum., p. 89. being business in any action, or transacted in any Court, Sec. 2. to Incorporated Sum., p. 90. 3. One month at least before any such general order Communication shall be made, the Lord Chancellor shall cause a copy of Law Society. the regulations and provisions proposed to be embodied therein to be communicated in writing to the Council of the Incorporated Law Society, who shall be at liberty to submit such observations and suggestions in writing as they may think fit to offer thereon; and the Lord Chancellor, and the other persons hereby authorised to make such order, shall take into consideration any such observations or suggestions which may be submitted to them by the said council within one month from the day on which such communication to the said council shall have been made as aforesaid, and, after duly considering the same, may make such order, either in the form or to the effect originally communicated to the said council, or with such alterations, additions, or amendments, as to them may seem fit. remuneration 4. Any general order under this Act may, as regards Principles of the mode of remuneration, prescribe that it shall be Sum,. p. 90. according to a scale of rates of commission or percentage, varying or not in different classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, without regard to length, or in any other mode, or partly in one mode and partly in another, or others, and may, as regards the amount of the remuneration, regulate the same with reference to all or any of the following, among other considerations; namely, The position of the party for whom the solicitor is concerned in any business; that is, whether as Sec. 4. Security for costs, and interest on disbursements. Sum., p. 91. Order to be laid before Houses vendor or as purchaser, lessor, or lessee, mort- The place, district, and circumstances at or in which The skill, labour and responsibility involved therein The number and importance of the documents pre- 5. Any general order under this Act may authorise and regulate the taking by a solicitor from his client of security for future remuneration in accordance with any such order, to be ascertained by taxation or otherwise, and the allowance of interest. 6.-(1.) Any general order under this Act shall not of Parliament; take effect unless and until it has been laid before each disallowance on address. Sum., p. 91. Effect of order as to taxation. Sum., p. 91. House of Parliament, and one month thereafter has elapsed. (2.) If within that month an address is presented to the Queen by either House, seeking the disallowance of the order, or part thereof, it shall be lawful for Her Majesty, by order in council, to disallow the order, or that part, and the order or part disallowed shall not take effect. 7. As long as any general order under this Act is in operation, the taxation of bills of costs of solicitors shall be regulated thereby. Agreements. solicitor and on form and remuneration. Sum., p. 92. 8.-(1.) With respect to any business to which the Power for foregoing provisions of this Act relate, whether any client to agree general order under this Act is in operation or not, it amount of shall be competent for a solicitor to make an agreement with his client, and for a client to make an agreement with his solicitor, before or after or in the course of the transaction of any such business, for the remuneration of the solicitor, to such an amount and in such manner as the solicitor and the client think fit, either by a gross sum, or by commission or percentage, or by salary, or otherwise; and it shall be competent for the solicitor to accept from the client, and for the client to give to the solicitor remuneration accordingly. (2.) The agreement shall be in writing, signed by the person to be bound thereby or by his agent in that behalf. (3.) The agreement may, if the solicitor and the client think fit, be made on the terms that the amount of the remuneration therein stipulated for either shall include or shall not include all or any disbursements made by the solicitor in respect of searches, plans, travelling, stamps, fees, or other matters. (4.) The agreement may be sued and recovered on or impeached and set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor; and if, under any order for taxation of costs, such agreement being relied upon by the solicitor shall be objected to by the client as unfair or unreasonable, the taxing master or officer of the Court may inquire into the facts, and certify the same to the Court; and if, upon such certificate, it shall appear to the Court or judge that just cause has been shown either for cancelling the agreement or for reducing the amount payable under the same, the Court or judge shall have power to order such |