Legal Practitioners Act 1868 (SA)

AWN0 TRICESIMO SECUNDO

No. 8.

An Act to amend the law relating to the Costs qf Practitioners of the

&upreme Court.

[Assented to, 80th January, 1869.1

HEREAS it is expedient to amend the law relating to the Preamble.

W costs of practitioiicrs of the. Supreme Court-Be it therefore

Enacted bv the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province in this present Parliament assembled, as follows:

H

1. Practitioners of the Supreme Court shall be entitled to receive preme P ~ ~ t ~ t i o n e r o f b f l u - Court to chsrgr

from the party liable to pay the same, the costs and charges set forth the Bame

ima

the Real Property Act of 1860," for the matters respectively

mentioned therein, and shall not be entitled to receive any costs and

charges for such matters otherwise than is provided by the said

in Schedule Q of A ct No. 22 of 1861, intituled '' An Act to amend broker* letters, searches, abstracts of title, and ali other solicitors' charges in respect of such matters.

2. The charges in the said Schedule shall not be deemed to ,, Charges in Sohedule

include any work done or costs and charges incurred in consequence incurred in conae-

of any dispute or litigation in respect of any matters mentioned in lltigiyation.	pence of dispute or
the said Schedule.

3. This Act shall not apply to any work done or costs incurred nuttan pndin, This Act not to &o

in consequence of any instructions given before the passing of this

Act. 4. Upon

3s I

Costs of I'ractifioners qf Supreme Court Act.-1868-9.

8uprcme Court or a	uf any party i$le	to pay, or who has
Judge to refer bill8 of

mm to be tared. bill of c o s t s T a n y work done by a

or a Judge thereof, u hall refer

. z6 such bill and the demand of such practitioner, or the executor, administrator, or assignee of such practitioner, to be taxed and settled by the Master of the Supreme Court, without any money being brought into Court; and the Court or Judge making such reference, shall restrain such practitioner, or the executor, adminis- trator, or assignee of such practitioner, from commencing any action or suit touching such demand pending such reference, and shall order the costs of such reference and of the taxation to bc taxed:

Pr0v~*0incase8i~ea	Provided always that no such bill shall be referred to be taxed if
bill has been delivered
morethantwelve	more than twelve months have elapsed from the delivery of a bill
'	of costs, signed by a practitioner in the manner provided by Act No. 6, of 1845, except upon special circumstances to be proved to the satisfaction of the Court or Judge to whom the application for such reference shall be made.

P i n in r e 5. Upon any such reference, if either the practitioner, or the

enoe. Cost of refer-

ence and taxation to	executor, administrator, or assignee of such practitioner, or the party
abide lhe	obtaining such order of' reference having due noticc, shall refuse or neglect CO attend such taxation, thc &faster shall proceed to tax such
bill ex parte ; and the costs of such reference ancl taxation shall be
borne according to the event of such taxation-that is to say, if such bill when taxed shall be less by a tenth part than the bill delivered, then the practitioncr, or the executor, administrator, or assignee of such practitioner, shall pay such costs; and if such bill when taxed shall not be less by a tenth part than the bill delivered, then the party making such application shall pay such costs.
MastershaUcertif~

on reference the 6. The Master shall certify what upon such reference shall be

due to or found to be due to or from such practitioner, or the executor,

practitlO?erp administrator, or assignee of such practitioncr (either ded~~cting or

and either deducting

oradding aa the case adding as the case may be, the taxed costs of the reference and

may bq lefer taxati&), in respect of such bill and demand, and the costs of such

ence and taxabon.

reference if payable.

Manter'e certificate 7. Such certificate shall be final and conclusive, unless set aside

to be flnal unless eeq by the Court or or altered by an order, decree, or rule of the Supreme Court, or of

a JU~P. the Primary Judge.

conbaot ** be bind- 8. It shall and may be lawful for any practitioner of the Supreme

ing* Court to make and enter into any contract, bargain, or agreement

1 8 for the payment of any sum of money for the performance, conduct,

-1 a* 8- f 2-+ or management of any work or business by such practitioner; and

33-/CC c- . ' 4 S'4 ' any contrltct so made, shall be valid, and effectual and binding, to all intents and purposes whatsoever, upon the persons who may be parties to such contract: Provided that such contract shall be in

* kriting, to be signed by the party to be charged thereby, or his agent

fi % c C	duly authorized to sign such contract, and shall be for the payment of a-certain amount, whether such work or business shall be brought
to a successful issue or riot. 9. Under

32" VICTORIB, NO. 8, 23- . .I

Costs of Practitioners of Supreme Court Act.--1868-9.

admitted or enrolled in the Supreme Court as a barrister, attorney, 9. Under the term G Practitioner," shall be included any person ~ ~ ~ f ~ g ~ ~ i ~ ~ w: ,

solicitor, or proctor.

In the name and on behalf of the Queen I hereby assent to

this -4ct.

F. G. E U L E Y, Governor.

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Adelaide : Bp authority, W. C. Cos, Government Printer, Nor@-terrrloe.