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MORTAGES LEGAL COSTS ACT 1895

MORTAGES LEGAL COSTS ACT 1895 - LONG TITLE

An Act to amend the Law relating to the Costs allowed to
Mortgagees.
[6th July 1895]
Short title.

MORTAGES LEGAL COSTS ACT 1895 - SECT 1

1. This Act may be cited as the Mortgagees Legal Costs Act, 1895.

MORTAGES LEGAL COSTS ACT 1895 - SECT 2
Charges, &c. where mortgage is made with solicitor.

2.(1) Any solicitor to whom, either alone or jointly with any other
person a mortgage is made, or the firm of which such solicitor is
a member, shall be entitled to receive for all business transacted
and acts done by such solicitor or firm in negotiating the loan,
deducing and investigating the title to the property and preparing
and completing the mortgage, and such usual professional charges and
remuneration as he or they would have been entitled to receive if
such mortgage had been made to a person not a solicitory, and such
prson had retained and employed such solicitor or firm to transact
such business, and do such acts; and such charges and remuneration
shall accordingly be recoverable from the mortgagor.

(2) This section applies only to mortgages made ater the
commencement of this Act.

MORTAGES LEGAL COSTS ACT 1895 - SECT 3
Right of solicitor with whom mortgage is made to recover costs, &c.

3.(1) Any solicitor to or in whom either alone or jointly with any
other person any mortgage is made or is vested by transfer or
transmission, or the firm of which such solicitor is a member,
shall be entitled to receive and recover from the person on whose
behalf the same is done, or to charge against the security for all
business transacted and acts done by such solicitor or firm
subsequent and in relation to such mortgage or to the security
thereby created or the property therein comprised, all such usual
professional charges and remuneration as he or they would have been
entitled to receive if such mortgage had been made to and had
remained vested in a person not a solicitor, and such person had
retained and employed such solicitor or firm to transact such
business and do such acts, and accordingly no such mortgage shall
be redeemed except upon payment of such charges and remuneration.

(2) This section applies to mortgages made and business transacted
and acts done either before or after the commencement of this Act.

MORTAGES LEGAL COSTS ACT 1895 - SECT 4
Definition of mortgage.

4. In this Act the expression "mortgage" includes any charge on any
property for securing money or money's worth.