(k) See In re London Bridge Acts, 13 Sim. 180.

(l) Sug. 690; Jones v. Lewis, 1 De G. & S. 245; 11 Jur. 511.

(m) Reeves v. Gill, 1 Beav. 375; and see note to 9 Jarm. Conv. by S. 30.

If, however, a purchaser keep incumbrances on foot for his own protection, he cannot, it is conceived, throw upon the vendor the costs of the necessary assignment, whether the same be effected by the principal conveyance or by a collateral deed.

If a solicitor, without special instructions, prepare the conveyance during the existence of a known impediment to completion upon which the matter eventually goes off, he cannot claim the costs of the conveyance (o).

And we may here refer to the 6 & 7 Vict. c. 73, by which a solicitor's bill of costs, although composed entirely of conveyancing charges, may be referred for taxation upon petition presented either to the Lord Chancellor or the Master of the Rolls; the order upon a petition presented within twelve months after delivery but before payment of the bill is of course (p); although part of the items be covered by a special agreement (q), or although the application be made by a third party liable to pay (r); and may be made by the Vice-Chancellor (s). Under special circumstances (t), the bill may be referred at any time within, but not after, twelve months after payment (v): such special circumstances are usually pressure, as when immediate payment is required at a time when delay in completing the business would seriously inconvenience the client (w); and secondly, error or overcharge in the bills. The overcharges may be such as of themselves to afford evidence of fraud, and then very slight if any evidence of pressure is necessary to induce an order for taxation (x); but mere overcharge, although a necessary ingredient, is in itself insufficient (y), even although the bill was paid under protest (z). Mere retention of the amount of the bill out of moneys in the hands of the solicitor does not amount to payment, unless there is also a settlement of account (a): nor does a settlement by way of compromise, if effected under pressure, oust the jurisdiction (b): the Court, however, upon a petition under the Act can only ascertain by the ordinary rules of practice the amount payable, and cannot determine whether, prior to the business being done, any special agreement existed as to the manner in which the costs were to be charged, or the mode by which the amount should be ascertained (c). Under the 38th section, the right of referring the bill is given, not only to the immediate client, but also to any persons who, as between themselves and such client, may be liable to payment; but, in such a case, the bill must be taxed as between the solicitor and his immediate client (d); so that if a purchaser has agreed to pay the vendor's costs, the vendor's solicitor, upon taxation on the petition of the purchaser, will be allowed costs properly incurred as between himself and the vendor, although they may have been improperly incurred as between the vendor and the purchaser: so also, as in an ordinary case, special circumstances must be proved if the bill has been paid, although the payment were by the immediate client (e); and the lapse of twelve months since payment precludes taxation under the Act (f); and a bill cannot be taxed at the instance of a person who, under no previous liability, voluntarily pays it (g). A bill when delivered is prima facie binding on the solicitor for the purposes of taxation, and he is not entitled, as of course, either on the one hand to reduce the demand (h), or, on the other, to increase the rate of charges (i); but he may obtain leave to carry in an additional bill of items accidentally omitted (k). It has been recently held that under this Act a country solicitor can procure the taxation of the charges of his town agent (I): but it does not authorize the taxation of the fees of the steward of a manor, (who is a solicitor,) in respect of matters in which he acts only as a steward (m).

But not if purchaser keep incumbrances on foot as a protection.

Taxation of conveyancing costs under 6 & 7 Vict. c. 73.

(n) Jones v. Lewis, ubi supra.

(o) Potts v. Button, 8 Beav. 493.

(p) See In re Gaitskell, 1 Phil. 576; and In re Pender, 2 Phil. 73; want of signature by the solicitor is immaterial on an application by the client for taxation, S. C, it?. 69; as to the principle on which a bill will will be taxed, see Cooper v. Ewart, 2 Phil. 362; In re Smith, 9 Beav. 182.

(q) In re Eyre, 2 Phil. 367.

(r) In re Bracey, 8 Beav. 338.

(s) See In re Carew, 8 Beav. 128; In re Howard, ib. 424.

(t) As to which see In re Brake, 8 Beav. 123; In re Welts, ib. 416; In re Bennett, ib. 467; In re Jones, ib. 479; In re Fyson, 9 Beav. 117; In re Colquhun, ib. 146; In re Carrie, ib. 602; In re Neate, 10 Beav. 181; In re Brew, 10 Beav. 368; In re Bagshawe, 2 De G. & S. 205.

(v) See sect. 41; In re Massey, 8

Beav. 458; Re Harper and Jones, 10 Beav.284, 290; but the Court under its general jurisdiction will enforce with costs a solicitor's undertaking to deliver his bill, although more than twelve months have elapsed since payment, it having been paid on the faith of such undertaking; In re Fol-jambe, 9 Beav. 402.

(w) See Ex parte Wilkinson, 2 Coll. 92; In re Tryon, 7 Beav. 496; see also In re Jones, 8 Beav. 479; In re Harrison, 11 Beav. 57.

(x) In re Harding, 10 Beav. 250, 252; In re Sladden, 10 Beav. 488; In re Welchman, 11 Beav. 319.

(y) In re Stirke, 11 Beav. 304; specific items of overcharge must be alleged and proved, In re Thompson,

8 Beav. 237.

(z) In re Stirke, ubi supra, and In re Welchman, 11 Beav. 319; In re Harrison, 11 Beav. 57; as to the meaning of the words " under protest," see 8 Beav. 462.

(a) See In re Cattlin, 8 Beav. 121; In re Bignold, 9 Beav. 270; and as to payment by a promissory note, see Sayer v. Wags faff, 5 Beav. 415; In re Carrie, 9 Beav. 602; see also Re Harper and Jones, 10 Beav. 284.

(b) In re Stephen, 2 Phil. 562; see In re Whitcombe, 8 Beav. 140.

(e) In re Rhodes, 8 Beav. 224; see 2 Ph. 575; and see In re Thompson, 8 Beav. 237; In re Beale, 11 Beav. 600.

(d) See In re Jones, 8 Beav. 479; In re Fyson, 9 Beav. 117; In re Bignold, 9 Beav. 269: In re Harrison, 10 Beav. 57.

(e) In re Bennett, 8 Beav. 467. (f) In re Downes, 5 Beav. 425;

In re Massey, 8 Beav. 458.

(g) Re Becke and Flower, 5 Beav. 406.

(h) In re Carven, 8 Beav. 436.

(i) S. C, and In re Wells, ib. 416; In re Walters, 9 Beav. 299.

(k) In re Walters, ubi supra.

(l) Smith v. Dimes, 13 Jur. Exch. 518.

(m) Allen v. Aldridge, 5 Beav. 401.

And the Court may, under its general jurisdiction, order taxation of a bill consisting wholly or in part of conveyancing costs, if the solicitor refuse to deliver up deeds and papers in his possession except upon payment of the bill(n).

Lastly, under this head, we may remark, that the 8 & 9 Vict. c. 119 (o), enacts that in taxing any bill for preparing and executing any deed under that Act, it shall be lawful for the taxing officer, and he is thereby required, in estimating the proper sum to be charged for such transaction to consider not the length of such deed, but only the skill and labour employed and responsibility incurred in the preparation thereof: an enactment which in principle is unexceptionable, but in theory throws a most heavy responsibility upon the Taxing Masters: it is, however, believed that their duties under the Act have practically been hitherto far from onerous.

Taxation ordered under general jurisdiction if solicitor claim a lien on papers for is costs.

Costs of conveyance under 8 & 9 Vict. c. 119, to be taxed solely with reference to skill, labour, and responsibility.

(n) In re Murray, 1 Russ. 519; In re Rice, 2 Keen, 181.

(o) As to which, vide supra, p. 247.