43. Remuneration of advocate and solicitor who is mortgagee

Where a mortgage is made to an advocate and solicitor, either alone or jointly with any other person, he, or the firm of which he is a member, shall be entitled to recover from the mortgagor in respect of business transacted and acts done by him or them in negotiating the loan, deducting and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or they would have been entitled to receive if the mortgage has been made to a person who was not an advocate and solicitor and that person had retained and employed him or them to transact that business and do those acts.

Where a mortgage has been made to, or has become vested by transfer or transmission in, an advocate and solicitor, either alone or jointly with any other person, and any business is transacted or acts are done by that advocate and solicitor, or by the firm of which he is a member, in relation to that mortgage or the security thereby created or the property thereby charged, then he or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage has been made to and had remained vested in a person who was not an advocate and solicitor and that person had retained and employed him or them to transact that business and do those acts.

In this section, “mortgage” includes any charge on any property for securing money or money’s worth.