or for a limited period to admit such articled Clerk to the usual examinations, or to grant him the certificate of fitness necessary to enable him to be admitted to practice. 44 V. c. 17, s. 1. cease when he 45. Upon a Barrister being disbarred as aforesaid, all his Barrister's rights and privileges as a Barrister-at-Law shall thenceforth privileges to cease and determine, and notice of his being disbarred shall is disbarred. forthwith be given by the Secretary of the Law Society to the High Court. 44 V. c. 17, s. 2. 46. Upon its being resolved by Convocation that a Striking off Solicitor is unworthy to practise, a copy of the resolution the Rolls. shall forthwith be communicated to the High Court, and thereupon, without any formal motion, an order of the said Court may be drawn up, striking such Solicitor off the rolls: Provided that such Solicitor may at any time afterwards apply to the said Court to be restored to practice, as heretofore. 44 V. c. 17, s. 3. discipline 47. Any powers which the Visitors of the Law Society Powers of may have in the said matters of discipline, are hereby vested visitors as to in the Benchers of the Law Society, and the powers by vested in the the preceding three sections of this Act given to the said Benchers. Benchers may be exercised by them without reference to, or concurrence in, by the Visitors. 44 V. c. 17, s. 4. LAW BENEVOLENT FUND. 48. The Benchers may by by-law establish a fund for the Widow's and benefit of the widows and orphans of Barristers, and Solici- orphan's fund. tors, and of persons who have been such, to be called "The Law Benevolent fund," and may make all necessary rules and regulations for the management and investment of the said fund, and the terms of subscription and appropriation thereof, and the conditions under which the widows and orphans of such persons shall be entitled to share in the said fund. R. S. O. 1877, c. 138, s. 43. REPORTERS. by the 49.—(1) The Benchers may from time to time appoint such Reporters to persons, being members of the Law Society, of the degree of be appointed Barrister-at-Law, as they may think proper, to be editors and Benchers. reporters of the decisions of the Court of Appeal and the High Court. (2) Such persons shall hold office at the pleasure of the said Benchers, and shall be amenable to them in Convocation for the correct and faithful discharge of their respective duties, according to such regulations as the said Benchers may from time to time make in respect thereof. R. S. O. 1877, c. 138, s. 44. Benchers to make regulations regard. ing the reports. Salaries of reporters. Appropriation Benchers to bers with details of reve nue, etc. 50. The Benchers shall make regulations for printing and publishing the reports of the said decisions, and the distribution of the reports, and the price and mode of issuing" thereof, and all such other regulations in respect thereto, as they may at any time consider necessary; and any profits arising from the reports shall form part of the general funds of the Law Society. R. S. O. 1877, c. 138, s. 45. 51. The Benchers shall from time to time determine the salaries to be allowed to the editors and reporters, and shall pay the same out of the general funds of the Society. R. S. 0. 1877, c. 138, s. 46. REVENUE AND EXPENDITURE. 52. The fees payable by Barristers, as term fees, and on call to the Bar, and by Solicitors on admission as Solicitors, and for the annual certificate to practise, and by Students and articled Clerks on admission as such, and on examinations and attendance on lectures and readings, shall be paid into the general funds of the Law Society, and shall be such as the Law Society by rule from time to time prescribes. R. S. O. 1877, c. 138, s. 47. See also Cap. 147, s. 16 (4) 53. The Benchers shall, during Hilary Term in every year, furnish mem- furnish to every member of the Law Society entitled to vote at the election of Benchers, a statement in detail of the revenue and expenditure of the Law Society, for the year ending the thirty-first day of December preceding each statement, the same to be first duly audited by auditors appointed by said Benchers to audit and report upon the finances of the Law Society. R. S. O. 1877, c. 138, s. 48. in the County of Barrister-at-Law, do hereby declare 1. That the signature affixed hereto is my proper handwriting. 2. That I vote for the following persons as Benchers of the Law Society: 3. That I have signed no other voting paper at this election. 4. That this voting paper was executed on the day of the date thereof. Witness my hand, this day of A. D. 18. R. S. O. 1877, c. 138, Sched. CHAPTER 146. An Act respecting Barristers-at-Law. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows: : practise at 1. Subject to any rules, regulations or by-laws made by the Who may be Benchers of the Law Society of Upper Canada under The Act admitted to respecting the Law Society of Upper Canada, the following per- the Bar. sons, and no others, may be admitted to practise at the Bar in Rev. Stat. c. Her Majesty's Courts in Ontario : 145. five years' standing. 1. Any person of the age of twenty-one years, who, having Students of been entered of and admitted into the "Law Society of Upper Canada" as a student of the laws, has been standing on the books thereof for five years, and has conformed himself to the rules of the Society; ents may be 2. Any person who has been admitted into and stands on Certain studthe books of the Law Society of Upper Canada, as a student of admitted after the laws for three years, and has conformed himself to the rules three years' study. of said Society, and has, prior to the date of his admission to the said Society, and to the books of the said Society as a student, actually taken and had conferred upon him the degree of Bachelor of Arts or Bachelor of Law in any of the Universities of the United Kingdom of Great Britain and Ireland, or of any University or College in this Province or in the Province of Quebec, having power to grant degrees; .R. S. O. 1877, c.139, s. 1, (1, 2). of Ontario. 3. Any person who has been duly called to the Bar of Admission of England, Scotland or Ireland (excluding the Bar of Courts of other BarrisEnglish and merely local jurisdiction)—when the Inn of Court or other ters to the bar authority having power to call or admit to the Bar by which such person was called or admitted, extends the same privilege to Barristers from Ontario-on producing sufficient evidence of such call or admission and testimonials of good character and conduct to the satisfaction of the Law Society. 48 V. c. 30, s. 1. Bar of 4. Any person who has been duly authorized to practise as Admission of lawyers or an Advocate, Barrister, Attorney, Solicitor and Proctor at Law, students from in all Courts of Justice in Quebec, or who has been found cap- Quebec to the able and qualified, and entitled to receive a diploma for that Ontario. purpose under the provisions of the Acts respecting the incorporation of the Bar of Quebec, or who has been duly registered as a clerk and studied during the periods for study respectively required under the provisions of the said Acts, on producing sufficient evidence thereof, and also on producing testimonials Precedencebe Counsel and of good character, and undergoing an examination in the law of Ontario, to the satisfaction of the Law Society of Upper Canada, and upon his entering himself of the said Society, and conforming to all the rules and regulations thereof; 5. Any person who has been duly called to the Bar of any of Her Majesty's Superior Courts in any of Her Majesty's Provinces of North America in which the same privilege would be extended to Barristers from Ontario, and who produces sufficient evidence of such call and testimonials of good character and conduct to the satisfaction of the Law Society. R.S.O. 1877, c. 139, s. 1 (4, 5). QUEEN'S COUnsel. 2. It was and is lawful for the Lieutenant-Governor by letters patent, under the Great Seal of the Province of Ontario, to appoint from among the members of the Bar of Ontario, such persons as he may deem right to be, during pleasure, Provincial officers under the names of Her Majesty's Counsel learned in the Law for the Province of Ontario. R. S. O. 1877, c. 139, s. 2. 3. The following members of the Bar of this Province shall have precedence in the Courts of this Province in the following order: 1 The Attorney-General of Canada for the time being; 2 The Attorney-General of Ontario, for the time being; 3 The members of the said Bar who have filled the offices of Attorney-General for the late Province of Upper Canada, or Attorney-General of the Dominion of Canada, or Attorney-General of this Province, according to seniority of appointment as such Attorney-General; 4 The members of the said Bar who have filled the office of Solicitor-General for Upper Canada according to seniority of appointment as such Solicitor.General; and 5 The members of the Bar who were, before the 1st day of July, in the year of our Lord 1867, appointed Her Majesty's Counsel for Upper Canada, so long as they are such Counsel, according to seniority of appointment as such Counsel. R. S. O. 1877, c. 139, s.. 3. 4. The Lieutenant-Governor by letters patent under the Great Seal of Ontario may grant to any member of the Bar a patent of precedence in the said Courts. R. S. O. 1877, c. 139, s. 4. 5. Members of the Bar from time to time appointed after tween Queen's the 1st day of July, in the year of Our Lord 1867, to be Her Mamembers hold- jesty's Counsel for the Province, and members of the Bar to ing patents of whom, from time to time, patents of precedence are granted, precedence. shall severally have such precedence in the said Courts as may be assigned to them by letters patent, which may be issued by the Lieutenant-Governor under the Great Seal. R. S. O. 1877, c. 139, s. 5. 6. The remaining members of the Bar shall, as between Precedence of themselves, have precedence in the said Courts in the order of other memtheir call to the Bar. R. S. O. 1877, c. 139, s. 6. bers of the Bar. Counsel. 7. Nothing in this Act contained shall in any wise affect or Crown alter any rights of precedence which may appertain to any member of the Bar when acting as Counsel for Her Majesty, or for any Attorney-General of Her Majesty, in any matter depending in the name of Her Majesty or of the AttorneyGeneral before the said Courts, but such right and precedence shall remain as if this Act had not been passed. R. S. O. 1877, c. 139, s. 7. CHAPTER 147. An Act respecting Solicitors. ADMISSION AND ENROLMENT NECES- WHO MAY BE ADMITTED, Ss. 2-4. FINAL PROCEEDINGS FOR ADMISSION, FEES, S. 12. ANNUAL CERTIFICATES: Issue of, ss. 13-18. Penalties for not taking out, etc., YEARLY LISTS OF PRACTISING SOLICI- OFFENCES AND PENALTIES: Solicitors in prison not to practise, s. 23. Acting as agents of unqualified Default in paying over moneys Practising without being admitted, Practising while holding certain Not to practise while engaged in STRIKING OFF THE ROLL :- Proceedings in case of, s. 30. H ER MAJESTY, by and with the advice and consent of the as follows: SOLICITORS TO BE ADMITTED AND ENROLLED. 1. Unless admitted and enrolled and duly qualified to act as Solicitors must a Solicitor, no person shall act as a Solicitor in any Court of be admitted and enrolled. |