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Provision in case of death or incapacity of solicitor. 13. Where an ... solicitor has made an agreement with his client in pursuance of the provisions of this Act, and anything has been done by such ... solicitor under the agreement, and before the agreement has been completely performed by him, such ... solicitor dies or becomes incapable to act, an application may be made to any court which would have jurisdiction to examine and enforce the agreement by any party thereto, or by the representatives of any such party, and such court shall thereupon have the same power to enforce or set aside such agreement, so far as the same may have been acted upon, as if such death or incapacity had not happened; and such court, if it shall deem the agreement to be in all respects fair and reasonable, may order the amount due in respect of the past performance of the agreement to be ascertained by taxation, and the taxing officer in ascertaining such amount shall have regard so far as may be to the terms of the agreement, and payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the ... solicitor.
© 1870 Crown Copyright
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