Solicitors (Amendment) Act, 1960
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SECOND SCHEDULE Provisions having Effect for the Purposes of Sections 8 (2) (a) and 19 (5) (a) of this Act | ||
Sections 8 (2) (b) and 19 (5) (b). | ||
The following provisions shall have effect for the purposes of the following provisions of this Act, namely, paragraph (a) of subsection (2) of section 8 and paragraph (a) of subsection (5) of section 19— | ||
(a) the Society, on receipt of an application for the delivery of documents from a person claiming to be entitled to the possession or custody thereof, may either— | ||
(i) investigate the claim of such person to the possession or custody of the documents, or | ||
(ii) require such person to nominate a solicitor to take delivery of the documents on his behalf, | ||
(b) the Society shall not be bound to investigate the claim of any person who applies for delivery of documents in the possession of the Society or to schedule or list such documents save at the expense of such person, and payment of such sum as the Society may require as a deposit in respect of the costs and expenses of the investigation, scheduling or listing shall be a condition precedent to the undertaking of the investigation or to the delivery of such documents to such person by the Society, | ||
(c) the Society or the person making a deposit as aforesaid may, after the claim has been investigated, require the costs and expenses to which the deposit relates to be taxed by a Taxing Master of the High Court (subject to appeal to the High Court), and the amount found due on such taxation after allowing all just credits shall be a simple contract debt due by such person to the Society or by the Society to such person (as the case may be) and recoverable in any court of competent jurisdiction, | ||
(d) if the Society, in lieu of investigating the claim of the person applying for delivery of documents, require such person to nominate a solicitor to take delivery thereof on his behalf, the Society may retain the documents until the nomination is duly made, | ||
(e) on the nomination of a solicitor to take delivery of documents, the Society may deliver the documents to the solicitor in exchange for— | ||
(i) a receipt for the documents, | ||
(ii) a statutory declaration by the solicitor that, to the best of his knowledge and belief, the person on whose nomination he is acting is lawfully entitled to possession of the documents and that no other person has any prior title thereto or claim thereon by way of mortgage, charge, lien or otherwise, | ||
(iii) a statutory declaration by the person applying for delivery of the documents to the same effect, and | ||
(iv) an undertaking by the solicitor to return the documents to the Society if it should be ascertained, while the documents are in his possession, that his client was not so entitled at the date of the declaration, | ||
and such receipt, declarations and undertaking shall constitute a full discharge to the Society for the documents, | ||
(f) no action or claim shall lie against the Society by any person claiming to be entitled to documents or to any property to which they relate, or to any mortgage, charge or lien in respect of such documents or property, for any loss or injury occasioned by the taking of possession of the documents by the Society, or by the delivery of the documents by the Society in accordance with this Schedule, | ||
(g) the Society shall have a lien over documents, for all costs and expenses, if any, incurred by the Society in connection therewith (including, where appropriate, the costs and expenses of investigating the claim of any person claiming to be entitled thereto). |