THE CONVEYANCING ACT, 1868.

Marlborough Express, Volume III, Issue 141, 24 October 1868, Page 4

THE CONVEYANCING ACT, 1868.

A complaint was recently made in the Legislative Council against the excessive charges of lawyers for conveyances, made according to a law passed in 1842, by which it was provided that when the purchase money does not exceed £IOO, the legal charge must not exceed one pound; but beyond that, ten shillings for every hundred pounds of such purchase money ; so that, as was alleged in one case, where the price amounted to £120,000, the conveyance alone was charged at £6OO 10s, besides other charges for maps, &c. Dr. Pollen promised that the attention of Government would be given to the subject; and this Act is the result.

The Act is very brief. The preamble seta forth that by the 53rd section of “ An Ordinance to facilitate the Transfer ot Real Property and to simplify the Law relating thereto,” charges were fixed as above stated, and that it is expedient to make other provision in lieu thereof. Clause 1 is the short title. Clause 2 repeals the said 53rd section. Clause 3 is as follows :

“It shall be lawful for the Judges of the Supreme Court or any three of them of whom the Chief Justice shall be one from time to time to make and to vary alter or rescind general rules or orders fixing scales of fees to be charged by solicitors in all or any matters of conveyancing business transacted by them and such scales may be so framed as to enable the Registrar to allow on taxation within certain limits fees and charges at a higher or lower rate having regard not only to the length of any deed contract or other document in respect of which such fees or charges are made but also to the skill and labor employed or required in the preparation or perusal thereof and the responsibility incurred by the solicitor in the transaction.”

Clause 4 declares that the Registrar shall tax bills according to the scale allowed by the rules or orders, having due regard to the skill and labour employed.