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![handle is hein.slavery/ssactsengr0881 and id is 1 raw text is: the purchase-money had become necessary from the error of the landowner, the
company ought not to be charged.
THE VICE-CHANCELLOR [Sir John Stuart]. Any assurance made necessary by
the company's taking the land in order to enable the landowner to have the full
benefit of the land or of the money which represents it, is necessary in consequence
of the company taking the land, and must therefore be paid for by the company.
NOTE.-The 156th section of the Act (7 & 8 Vict. c. lxviii.) is as follows:-
With respect to the costs of the conveyance of any such lands purchased or taken
by the company, all such costs shall be borne by the company, and such costs shall
include all charges and expenses incurred on the part, as well of the seller as of the
purchaser, of all conveyances and assurances of any such lands, and of any outstand-
ing terms or interest or interests therein, and of deducing, evidencing and verifying
the title to such lands, terms or interests, and of making out and furnishing such
abstracts and attested copies as the company may require, and all other expenses
incident to the investigation, deduction and verification of such title.
Section 173 is as follows:-And [34] with respect to costs in cases of monies
deposited in the Bank of England, be it enacted that the Court of Chancery may in
all such cases, except where monies shall have been so deposited by reason of the
wilful refusal of any party entitled thereto to receive the same, or to convey or
release the lands in respect whereof the same shall be payable, on the failure or
neglect of any party to make a good title to the land required, order the costs of the
following matters including therein all reasonable charges and expenses incident
thereto to be paid by the company (that is to say), the costs of the purchase, or of
the taking or using of the lands, or which shall have been incurred in consequence
thereof, other than such costs as are therein otherwise provided for, and the costs of
the investment of such monies in Government or real securities and of the reinvest-
ment thereof, or of the Government or real securities purchased therewith, in the
purchase of other lands, and also the costs of obtaining the proper order for any of
the purposes aforesaid, and of the orders for the payment of the dividends and
interest of the Government or real securities upon which such monies shall be
invested, and for the payment out of Court of the principal of such monies, or of the
Government or real securities wherein the same shall be invested, and of all other
proceedings relating thereto, except such as are occasioned by litigation between
adverse claimants.
This clause is nearly in the same words as the 80th section of the Lands Clauses
Consolidation Act.
[35] Re PHILP. Feb. 10, 1860.
Under the common order to tax, the Taxing Master will have regard to an agreement
by the solicitor to charge only costs out of pocket.
Certificate of practice by Taxing Master.
On the 11th of June 1859 the following agreement was entered into between
the Petitioner, Ann Cass, and William Philp:-
In consideration of your employing me in your law matters, I hereby undertake
to charge you the money (cash) only actually out of pocket, in all matters in which
I may be engaged or concerned for you.
Mr. Philp was accordingly employed, and received, according to Mrs. Cass's
statement, £216, 8s. In October 1859 Mr. Philp, in pursuance of a notice previously
given, wrote to the Petitioner as follows:-
I return you the original affidavit, which I refuse to file, or to attend the
summons to-morrow, or in any way to act further as your solicitor, and of which I
have before given you ample notice, you having neglected to send me the amount
required by me in my former letter to you.
Mr. Philp having refused to deliver up the documents, Ann Cass presented a
petition, asking that Mr. Philp should be directed to deliver up the documents in
2 GEFF. 34.
RE PHILP](ViewImageLocal?handle=hein.slavery/ssactsengr0881&div=1&collection=&method=preview&ext=.png&size=3)