porary Ab sence. XXXVIII. And be it enacted, That in case of the Illness or Provision for temporary Absence of the Accountant the Lord President of the Accountant's Illness or temCourt of Session, or other Judge acting as President for the Time, may authorize any one of the Accountant's Clerks or other qualified Person to discharge the Duties of the Accountant for the Time. XXXIX. And be it enacted, That for establishing the Fee Fund Establishment herein-before mentioned there shall be payable by each Estate of Fee Fund. under charge of a Judicial Factor, and by each Estate of a Pupil to whom a Tutor of Law shall hereafter be served, and by the Estate of every Pupil, Insane Person, or Idiot to whom a Tutor-dative shall hereafter be appointed, and by the Estate of every Insane Person or Idiot to whom a Curator shall hereafter be served as aforesaid, and by all other Estates or Parties whom the Court may deem to have Benefit from the Services of the Accountant, such Fees as shall from Time to Time be authorized by the Court, having due Regard to the Sums required for the Purposes of this Act, and to the Interests of the Estates to be benefited thereby; and such Fees shall be lodged by the Accountant at least once in every Week in that Bank in Edinburgh which for the Time shall be employed by Government to transact its Business there; and such Fees, with any Interest accruing thereon, shall form a Fee Fund, out of which the Accountant shall draw and pay his own Salary and the other Salaries herein directed to be paid, and the whole Expenses attending his Office and Duties; and the Accountant shall annually exhibit an Account of his Intromissions with the said Fee Fund to the Queen's and Lord Treasurer's Remembrancer of the Court of Exchequer in Scotland, who is hereby required to examine and audit such Account, and thereafter to submit the same to the Lord President of the Court of Session with a view to the Re-consideration by the Court of the Fees then in use to be charged, and such Fees shall be so regulated, increased, or diminished by the Court from Year to Year, or oftener, as to keep up the Fee Fund to an Amount sufficient for answering the Charges thereon, and for providing such reserved Fund as may be necessary to meet the current and contingent Expenses of the Establishment; and any Surplus arising on such Fee Fund shall be paid over to the said Queen's and Lord Treasurer's Remembrancer, and remain in his Hands to meet the future Charges on such Fee Fund; and the Accountant shall enter into Bond to Her Majesty with Surety for his Intromissions to the Satisfaction of the said Queen's and Lord Treasurer's Remembrancer, and to such Amount, and either by a public Company or private Individual, as to him may seem proper. runt. XL. And be it enacted, That it shall be competent to the Court Power to pass of Session, and they are hereby authorized and required, from Acts of SedeTime to Time to pass such Acts of Sederunt as shall be necessary or proper for the further Regulation of the Manner of appointing Judicial Factors, and the Manner of discharging their Duty, and the Manner of discharging the Duties of the Accountant, and the Manner of applying the Provisions of this Act to the Case of Tutors and Curators, and the Forms of Process to be used in pursuance of this Act, and the Manner of verifying by Affidavit, Declaration, Certificate, or otherwise the Sufficiency of the Caution offered for Factors, Tutors, and Curators, and all other Matters N 3 requisite Act may be amended, &c. So much of 7 G. 2. (I.) as relates to better regulating Payment of Fees repealed; requisite for more effectually carrying out the Purposes of this Act. XLI. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. CA P. LII. An Act to suspend, until the First Day of October One CA P. LIII. An Act for consolidating and amending several of the Laws relating to Attornies and Solicitors in Ireland. [28th July 1849.] WHEREAS it is expedient to amend several of the Laws relating to Attornies and Solicitors practising in Ireland :' Be it therefore 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 the Authority of the same, That from and after the passing of this Act so much of an Act passed in the Parliament of Ireland in the Seventh Year of the Reign of George the Second, intituled An Act for the Relief of Mortgagees, and for making the Process in Courts of Equity more effectual against Mortgagors who abscond and cannot be served therewith, and against Persons who, being served, refuse to appear, and also for better regulating the Payment of the Fees of Attornies and Solicitors, as relates to the better regulating the Payment of the Fees of Attornies and Solicitors, and also another Act passed in the Session of Parliament holden in the First and Second Years of the Reign of His late also, 1 & 2 G. 4. Majesty King George the Fourth, intituled An Act to explain and amend an Act of the Parliament of Ireland passed in the Seventh Year of the Reign of His Majesty King George the Second, for better regulating the Payment of Fees of Attornies and Solicitors, and other Purposes therein mentioned, be and the same are hereby repealed, save so far as such Acts or Parts of Acts, or any of them, repeal the whole or any Part of the same or any other Act or Acts, and also save and except so far as relates to any Matters or Things done at any Time before the passing of this Act, all which Matters and Things shall be and remain good, valid, and effectual to all Intents and Purposes whatsoever as if this Act had not passed, and also save and except as to the Recovery and Application of any Penalty for any Offence which shall have been committed before the passing of this Act. c. 17. Attornies and Solicitors not to commence an Action for Fees until One Month after II. And be it enacted, That from and after the passing of this Act no Attorney or Solicitor, nor any Executor, Administrator, or Assignee of any Attorney or Solicitor, shall commence or maintain any Action or Suit for the Recovery of any Fees, Charges, or Disbursements for any Business done by such Attorney or Solicitor, whether relat ing to Business any particular Court or not, may be referred Officer for Taxation. to the proper Solicitor, until the Expiration of One Month after such Attorney Delivery of or Solicitor, or Executor, Administrator, or Assignee of such their Bill. Attorney or Solicitor, shall have delivered unto the Party to be charged therewith, or sent by the Post to or left for him at his Counting-house, Office of Business, Dwelling House, or last known Place of Abode, a Bill of such Fees, Charges, and Disbursements, and which Bill shall either be subscribed with the proper Hand of such Attorney or Solicitor (or, in the Case of a Partnership, by any of the Partners, either with his own Name or with the Name or Style of such Partnership), or of the Executor, Administrator, or Assignee of such Attorney or Solicitor, or be enclosed in or accompanied by a Letter, subscribed in like Manner, referring to such Bill; and upon the Application of the Party chargeable by On Application such Bill within such Month it shall be lawful, in case the within One Business contained in such Bill or any Part thereof shall have Month, Bills, been transacted in the High Court of Chancery, or in any other Court of Equity, or in any Matter of Bankruptcy or Lunacy, or transacted in in case no Part of such Business shall have been transacted in any Court of Law or Equity, for the Lord High Chancellor or the Master of the Rolls, and in case any Part of such Business shall have been transacted in any other Court, for the Courts of Queen's Bench, Common Pleas, or Exchequer, or any Judge of either of them, and they are hereby respectively required, to refer such Bill, and the Demand of such Attorney or Solicitor, Executor, Administrator, or Assignee, thereupon, to be taxed and settled by the proper Officer of the Court in which such Reference shall be made, without any Money being brought into Court, and the Court or Judge making such Reference shall restrain such Attorney or Solicitor, or Executor, Administrator, or Assignee of such Attorney or Solicitor, from commencing any Action or Suit touching such Demand pending such Reference; and in case no such Application as aforesaid shall be made within such Month as aforesaid, that it shall be lawful for such Reference to be made as aforesaid either upon the Application of the Attorney or Solicitor, or the Executor, Administrator, or Assignee of the Attorney or Solicitor, whose Bill may have been so as aforesaid delivered, sent, or left, or upon the Application of the Party chargeable by such Bill, with such Directions and subject to such Conditions as the Court or Judge making such Reference shall think proper; and such Court or Judge may restrain such Attorney or Solicitor, or the Executor, Administrator, or Assignee of such Attorney or Solicitor, from commencing or prosecuting any Action or Suit touching such Demand pending such Reference, upon such Terms as shall be thought proper: Provided always, that no such Refe- No Taxation rence as aforesaid shall be directed upon an Application made by the after Twelve Party chargeable with such Bill after a Verdict shall have been Months, except under special obtained or a Writ of Inquiry executed in any Action for the ReCircumstances. covery of the Demand of such Attorney or Solicitor, or Executor, Administrator, or Assignee of such Attorney or Solicitor, or after the Expiration of Twelve Months after such Bill shall have been delivered, sent, or left as aforesaid, except under special Circumstances, to be proved to the Satisfaction of the Court or Judge to whom the Application for such Reference shall be made; and upon every such Reference, if either the Attorney or Solicitor, or Executor, N 4 As to Taxation if Application not made till after One Month. Payment of Costs of Taxation. Payment of Courts may order Attorney or Solicitor to deliver his Bill, and deliver up Deeds, &c. Evidence of Executor, Administrator, or Assignee of the Attorney or Solicitory whose Bill shall have been delivered, sent, or left, or the Party chargeable with such Bill, having due Notice, shall refuse or neglect to attend such Taxation, the Officer to whom such Reference shall be made may proceed to tax and settle such Bill and Demand ex parte; and in case any such Reference as aforesaid shall be made upon the Application of the Party chargeable with such Bill, or upon the Application of such Attorney or Solicitor, or the Executor, Administrator, or Assignee of such Attorney or Solicitor, and the Party chargeable with such Bill shall attend upon such Taxation, the Costs of such Reference shall, except as herein after provided for, be paid according to the Event of such Taxation; that is to say, if such Bill when taxed be less by a Sixth Part than the Bill delivered, sent, or left, then such Attorney or Solicitor, or Executor, Administrator, or Assignee of such Attorney or Solicitor, shall pay such Costs; and if such Bill when taxed shall not be less by a Sixth Part than the Bill delivered, sent, or left, then the Party chargeable with such Bill, making such Application or so attending, shall pay such Costs; and every Order to be made for such Reference as aforesaid shall direct the Officer to whom such Reference shall be made to tax such Costs of such Reference to be so paid as aforesaid, and to certify what upon such Reference shall be found to be due to or from such Attorney or Solicitor, or Executor, Administrator, or Assignee of such Attorney or Solicitor, in respect of such Bill and Demand, and of the Costs of such Reference, if payable: Provided also, that such Officer shall in all Cases be at liberty to certify specially any Circumstances relating to such Bill or Taxation, and the Court or Judge shall be at liberty to make thereupon any such Order as such Court or Judge may think right respecting the Payment of the Costs of such Taxation: Provided also, that where such Reference as aforesaid shall be made when the same is not authorized to be made, except under special Circumstances, as herein-before provided, then the said Court or Judge shall be at liberty, if it shall be thought fit, to give any special Directions relative to the Costs of such Reference: Provided also, that it shall be lawful for the said respective Courts and Judges, in the same Cases in which they are respectively authorized to refer a Bill which has been so as aforesaid delivered, sent, or left, to make such Order for the Delivery, by any Attorney or Solicitor, or the Executor, Administrator, or Assignee of any Attorney or Solicitor, of such Bill as aforesaid, and for the Delivery up of Deeds, Documents, or Papers in his Possession, Custody, or Power, or otherwise touching the same, in the same Manner as has heretofore been done as regards such Attorney or Solicitor by such Courts or Judges respectively where any such Business had been transacted in the Court in which such Order was made: Provided also, that it shall not in any Case be necessary, in the first instance, for such Attorney or Solicitor, or the Executor, Administrator, or Assignec of such Attorney or Solicitor, in proving a Compliance of this Act, to prove the Contents of the Bill he may have delivered, sent, or left, but it shall be sufficient to prove that a Bill of Fees, Charges, or Disbursements, subscribed in the Manner aforesaid, or enclosed in or accompanied by such Letter as aforesaid, was delivered, Action before delivered, sent, or left in manner aforesaid; but nevertheless it shall be competent for the other Party to show that the Bill so delivered, sent, or left was not such a Bill as constituted a bonâ fide Compliance with this Act: Provided also, that it shall be lawful Power to Judge for any Judge of the Superior Courts of Law or Equity to autho- to authorize rize an Attorney or Solicitor to commence an Action or Suit for the Recovery of his Fees, Charges, or Disbursements against the Party chargeable therewith, although One Month shall not have expired from the Delivery of a Bill as aforesaid, on Proof to the Satisfaction of the said Judge that there is probable Cause for believing that such Party is about to quit Ireland. Expiration of Third Parties. III. And be it enacted, That where any Person not the Party Bills may be chargeable with any such Bill within the Meaning of the Provi- taxed upon sions herein-before contained shall be liable to pay or shall have Application of paid such Bill, either to the Attorney or Solicitor, his Executor, Administrator, or Assignee, or to the Party chargeable with such Bill as aforesaid, it shall be lawful for such Person, his Executor, Administrator, or Assignee, to make such Application for a Refe rence for the Taxation and Settlement of such Bill as the Party chargeable therewith might himself make; and the same Reference and Order shall be made thereupon, and the same Course pursued in all respects, as if such Application was made by the Party so chargeable with such Bill as aforesaid: Provided always, that in case such Application is made when under the Provisions herein contained a Reference is not authorized to be made, except under special Circumstances, it shall be lawful for the Court or Judge to whom such Application shall be made to take into consideration any additional special Circumstances applicable to the Person making such Application, although such Circumstances might not be applicable to the Party so chargeable with the said Bill as aforesaid if he were the Party making the Application. IV. And be it enacted, That it shall be lawful, in any Case in which a Trustee, Executor, or Administrator has become chargeable with any such Bill as aforesaid, for the Lord High Chancellor or the Master of the Rolls, if in his Discretion he shall think fit, upon the Application of a Party interested in the Property out of which such Trustee, Executor, or Administrator may have paid or been entitled to pay such Bill, to refer the same, and such Attorney's or Solicitor's, or Executor's, Administrator's, or Assignee's Demand thereupon, to be taxed and settled by the proper Officer of the High Court of Chancery, with such Directions and subject to such Conditions as such Judge shall think fit, and to make such Order as such Judge shall think fit for the Payment of what may be found due, and of the Costs of such Reference, to or by such Attorney or Solicitor, or the Executor, Administrator, or Assignee of such Attorney or Solicitor, by or to the Party making such Application, having regard to the Provisions herein contained relative to Applications for the like Purpose by the Party chargeable with such Bill, so far as the same shall be applicable to such Cases; and in exercising such Discretion as aforesaid the said Judge may take into consideration the Extent and Nature of the Interest of the Party making the Application: Provided always, that where any Money shall be so directed to be paid by such Attorney or Solicitor, or the Executor, Administrator, Lord Chancellor may direct Taxation of Bills charge able on Executors. |