This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of real estate.
(o) S. 15.
(p) S. 16. (q) Ss. 17, 18.
(r) S. 8 (1). (s) S. 8 (3).
Independently of agreement, the system of remuneration in respect of business 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, is divided into three classes. A. Relating to completed sales, purchases and mortgages, the remuneration for which is regulated by the scale contained in Schedule I., Part I., and the rules made thereunder. B. Relating to completed leases, and agreements 'for leases, or conveyances reserving rent, or agreements for the same, the remuneration for which is regulated by the scale contained in Schedule I., Part II. C. Relating to uncompleted business of the kind provided for in the two preceding classes, and to settlements, mining leases, or licences or agreements therefor, reconveyances, transfers of mortgage, or further charges not so provided for, to assignments of leases not by way of purchase or mortgage, and to all other deeds or documents, and to all other business, the remuneration for which is not in the preceding classes \ prescribed, for all of which the remuneration is regulated by the old system as altered by Schedule II.
Scale charges (y).
(t) S. 8 (2).
(u) S. 8 (4); and see generally on the section, Cordery, 3rd ed. 270.
(x) S. 9.
(y) See Cordery on Solicitors, 3rd ed. 276 et seq.; and see Grey v. Curtice, 1899, 1 Ch. 121; 68 L. J. Ch. 60, as to completing conveyance in a register county; Re Thomas, 1900, 1 Ch. 454; 69 L. J. Ch. 219, as to sale in lots of property held under one title being treated as separate transactions; Re Webster and Jones, 1902, 2 Ch. 551; 71 L. J. Ch. 749; Re Romain, 1903, 1 Ch. 702; 72 L. J. Ch. 309, as to negotiating and deducing title; and see Re Norris, 1902, 1 Ch. 741; 71 L. J. Ch. 187, as to negotiating a mortgage.
A solicitor may before undertaking (z) any 'business, by writing under his hand, communicated to the client, elect to charge upon the old system as altered by Schedule II.; but unless he make such election, his 'remuneration will be governed by the scale (a). In cases of re-investment of money under the L. C. C. Act, the promoters are bound by an election duly notified to (the landowner by his solicitor (b).
General provisions of the
Under Orders made respectively in 1919 and 1925, the remuneration which is regulated by clause 2 (a), (b) and (c) of the General Order made under the S. R. Act, 1881, was increased by 33 1/3 per cent. And by an Order made in 1920 the remuneration of a solicitor in respect of business regulated by clause 2 (c) of the General Order made under the Act of 1881, may, at his option, be by a gross sum; but within twelve months after delivery of a charge under the Order, or within twelve months after payment, the client may require a detailed bill of charges to be delivered.
The Stamp Act, 1891, s. 44, imposes a penalty on unqualified persons acting as conveyancers; and consequently any special contract by such persons for remuneration for their services, is illegal and void (c).
Contract with unqualified conveyancer, la void.
(z) The election must be made and expressed before any expenses have been incurred which would be included in the scale foe, e.g., any preliminary expenses with reference to the renewal of a lease; Re Allen, (1887) 34 Ch. D. 433; 36 L. J. Ch. 487; Hester v. II., 34 Ch. D. 607; 56 L. J. Ch. 247; and see Be Metcalfe, (1887) 57 L. J. Ch. 82; Re Evans, 1905, 1 Ch. 290.
(a) Gen. Ord. 6. The election must be express, and is not sufficiently manifested by delivering a bill made out under the old system; Fleming v. Hardcastle, (1885) 33 W. R. 776.
(b) Re Bridewell Hosp., (1887) 57 L. T. 155.
(c) Taylor v. Crowland Co., (1854) 10 Ex. 293; 23 L. J. Ex. 254.