remainder after his death to the use that Jane S. if she SCHEDules. survives him may receive during the rest of her life a yearly jointure rent-charge of £ to commence from his death and to be paid by equal half-yearly payments the first thereof to be made at the end of six calendar months from his death if she is then living or if not a proportional part to be paid at her death and subject to the before-mentioned rent charge to the use of X. and Y. for a term of five hundred years without impeachment of waste on the trusts hereinafter declared and subject thereto to the use of the first and other sons of John M. and Jane S. successively according to seniority in tail male with remainder [insert here, if thought desirable, to the use of the same first and other sons successively according to seniority in tail with remainder] to the use of all the daughters of John M. and Jane S. in equal shares as tenants in common in tail with cross remainders between them in tail with remainder to the use of John M. in fee simple. [Insert trusts of term of 500 years for raising portions; also, if required, power to charge jointure and portions on a future marriage; also powers of sale, exchange, and partition, and other powers and provisions, if and as desired.] In witness &c. 8. 1. SOLICITORS' REMUNERATION ACT, 1881. 44 & 45 Vict. c. 44. An Act for making better provision respecting the Remunera- BE E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same, as follows: PRELIMINARY. S. 1. PRELIMINARY. 1.-(1.) This Act may be cited as the Solicitors Remunera Short title; tion Act, 1881. extent; interpretation. (2.) This Act does not extend to Scotland. (3.) In this Act "Solicitor means a solicitor or proctor qualified according to the statutes in that behalf (b) : "Client" includes any person who, as a principal, or on behalf of another, or as trustee or executor, or in any other capacity, has power, express or implied, to retair or employ, and retains or employs, or is about to retain or employ, a solicitor, and any person for the time being liable to pay to a solicitor for his services, any costs, remuneration, charges, expenses, or disbursements: (a) Cf. ante, pp. 257, 302-307. (b) Cf. VI Chitt. Stats. 4th ed. by Lely, 352-407. "Person" includes a body of persons corporate or unincorporate (a): S.1. PRE LIMINARY. • Incorporated Law Society" means, in England, the society referred to under that title in the Act passed in the session of the twenty-third and twenty-fourth 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 29 & 30 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 ORDERS. Vict. c. 84. GENERAL S. 2. 2. In England, the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the president for the time Power to being of the Incorporated Law Society, and the president of make General Orders for remunera one of the provincial law societies or associations, to be selected tion in convey. and nominated from time to time by the Lord Chancellor to ancing, &c. 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 regu (a) Cf. 33 & 34 Vict. c. 28, ss. 1-3. 1 (b) 23 & 24 Vict. c. 127, s. 1. 8. 2. ORDERS. lating the remuneration of solicitors in respect of business GENERAL connected with sales, purchases, leases, mortgages, settlements, and other matters of conveyancing, and in respect of other business not being business in any action, or transacted in any Court, or in the Chambers of any Judge or Master, and not being otherwise contentious business, and may revoke or alter any such Order. S. 3. 3. One month at least before any such General Order shall be made, the Lord Chancellor shall cause a copy of the regula Communi cation toIncorporated Law Society. S. 4. of remune tions 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 authorized 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 (a). 4. Any General Order under this Act may, as regards the Principles mode of remuneration, prescribe that it shall be according to a ration. scale of rates of commission or per-centage, 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 (a) Cf. ante, pp. 304-306. 8. 4. length, or in any other mode, or partly in one mode and partly ORDERS. in another, or others, and may, as regards the amount of the GENERAL 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 vendor or as purchaser, lessor or lessee, mortgagor or mortgagee, and the like: The place, district, and circumstances at or in which the business or part thereof is transacted: The amount of the capital money or of the rent to which the business relates : The skill, labour, and responsibility involved therein on the part of the solicitor : The number and importance of the documents prepared or perused, without regard to length: The average or ordinary remuneration obtained by solicitors in like business at the passing of this Act (a). 8. 5. Security and interest 5. Any General Order under this Act may authorize and regulate the taking by a solicitor from his client of security for for costs, future remuneration in accordance with any such Order, to be on disascertained by taxation or otherwise, and the allowance of interest (b). bursements. 8. 6. 6.—(1.) Any General Order under this Act shall not take effect unless and until it has been laid before each House of be laid Parliament, and one month thereafter has elapsed. (a) Cf. ante, p. 306; 33 & 34 Vict. c. 28, s. 18; 8 & 9 Vict. c. 119, s. 4. (b) Cf. 33 & 34 Vict. c. 28, ss. 16, Orders to before Houses of Parliament; dis. allowance on address. |