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An Act respecting the Law Society of Upper Canada.

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

The Law So

LAW SOCIETY CONTINUED.

1. The Law Society of Upper Canada shall continue as at ciety continued. present constituted, subject to the provisions of this Act, and to the By-laws, Rules and Regulations for the Government thereof in force at the time this Act takes effect, which By-laws, Rules and Regulations respectively shall also continue until modified, altered or repealed by the Corporation of" The Law Society of Upper Canada," and the benchers thereof shall have the power heretofore exercised to call and admit to the practice of the Law, as a Barrister, any person duly qualified to be so admitted according to the provisions of Law and the rules of the Society. 37 G. 3, c. 13, ss. 1, 5.

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THE INCORPORATION OF THE TREASURER AND BENCHERS

CONTINUED.

2. The Treasurer and Benchers of the Law Society of Upper Canada, heretofore incorporated and their Successors who have been appointed according to the Rules and By-Laws of the Society, shall continue to be a body corporate and politic, by the name of "The Law Society of Upper Canada ;" and without license of mortmain may purchase, take, possess, and after acquiring the same, sell, lease or depart with any lands, tenements or hereditaments for the purposes of the said Society, but for no other purpose, and may execute all other matters appertaining to them to do. 2 G. 4, c. 5, s. 1.

THE JUDGES OF THE SUPREIOR COURTS TO BE VISITORS.

3 The Chief Justices and Puisne Judges of the Superior Courts of Common Law, and the Chancellor and Vice-Chancellors of the Court of Chancery, shall be Visitors of the Society. 37 G. 3, c. 13, s. 2,---13, 14 V. c. 51, s. 2.

APPOINTMENT

APPOINTMENT OF BENCHERS.

4. The Benchers of the Society may from time to time Appointment appoint such Members of the Bar, (including the six Senior of Benchers. Members and the Attorney General and Solicitor General of Upper Canada,) as they think fit, to be Governors, or Benchers of the Society, and may also appoint a Librarian and a Treasurer. 37 G. 3, c. 13, s. 2.

THE SOCIETY MAY MAKE RULES.

&c., may make

5. The Benchers of the Society may from time to time make The Benchers Rules for the Government of the Society, and other purposes rules. connected therewith, under the inspection of the Visitors. G. 3, c. 13, s. 2.

37

GRANT IN AID OF BUILDINGS FOR THE SUPERIOR COURTS.

6. Whereas the Law Society of Upper Canada did, on the Recital of the twentieth day of June, in the year of Our Lord, one covenant of the Law Society thousand eight hundred and forty-six, covenant with Her Ma- with Her jesty to provide at the seat of such Society, Buildings suitable Majesty. for the accommodation for the Superior Courts of Law and Equity in Upper Canada for all time to come; And whereas for the purpose of carrying out the said arrangement four several sums of money amounting to the sum of two hundred and twenty-four thousand dollars were by four several statutes of this Province granted to Her Majesty to be raised by debentures as in said Acts provided; Such Acts being the Act passed in the ninth year of Her Majesty's Reign, chapter thirty-three-the Act passed in the eighteenth year of Her Majesty's Reign, chapter one hundred and twenty-two-the Act passed in the twentieth year of Her Majesty's Reign, chapter sixty-four-and the Act passed in the twenty-second year of Her Majesty's Reign, (one thousand eight hundred and fifty-nine,) chapter thirty-one; And whereas the Governor has issued Debentures according to the provisions of the said Acts; And whereas by such Acts provision was made for the purpose of paying the principal and interest on such Debentures, as the same become payable, and it is expedient to continue such provisions, for the purpose of liquidating the debts incurred as aforesaid; Therefore, for the purpose of paying the interest on the Debentures issued under the said Acts and of Schedule of liquidating the principal thereof, there has been and shall con- sums payable tinue to be imposed, levied and collected on the proceedings in in the Superior the Superior Courts of Law and Equity in Upper Canada, Courts, &c. including the Practice Court and proceedings before the Heir and Devisee Commission, the sums set forth in the Schedule hereunto subjoined; and such sums shall be in addition to all fees authorized to be levied for other purposes and to be

otherwise

on proceedings

otherwise applied, and law proceedings shall be subject to the said levy whether had in the Court of Queen's Bench or the Court of Common Pleas or the Practice Court. 22 V. c. 31. (1859.)

SCHEDULE.

ON PROCEEDINGS IN THE QUEEN'S BENCH, COMMON PLEAS

AND PRACTICE COURT.

cts.

On every Writ of Summons or Capias, and on every other
Writ or other Document of what nature or description
soever, having the Seal of the Court affixed thereto... 0 50
On every Judgment entered.......
On every Certificate of Judgment...

On setting down on the paper for argument of every
demurrer, special case, points reserved, special verdict
or appeal case...

Every Record of Nisi Prius entered for Trial or Assessment +

On every Rule of Court issued...

On Taxation of every Bill of Costs.......

ON PROCEEDINGS IN THE COURT OF CHANCERY.

0 60

050

... 0-30

1 00 0 20

On filing every Bill or Amended Bill.....
On passing and entering every Decree or Decretal Order.
On every Certificate of Bill filed, on every Certificate of
Decree or Decretal Order made, on every Subpoena,
and on every other Writ or Certificate issued under
the Seal of the Court....

0 15

240

1 00

0.50

ON PROCEEDINGS IN THE COURT OF ERROR AND APPEAL.

On every Appeal entered.....
On every Judgment, Decree or Order of the Court passed
and entered...

...

4.00

2.00

ON PROCEEDINGS IN THE OFFICE OF THE SURROGATE
CLERK IN CHANCERY.

On every Certificate issued by the Surrogate Clerk in
Chancery...

050

OK

NOTE.- Including but not in addition to the sum of one dollar mentioned in the twentieth section of the eleventh chapter of the Consolidated Statutes for Upper Canada, page 44,-but exclusive of and in addition to the fees mentioned in the Consolidated Statutes respecting Jurors and Juries. Ante c. 31, 8. 148, p. 377.

E

On every order made on application to a Judge
Chancery.....

On entering every Appeal...

On every Decree or Order on Appeal..........

ON PROCEEDINGS BEFORE THE HEIR AND DEVISEE

in

0 25

0 50
1.00

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Repeated by
Cal. 46-1860

Pleas and De

to the Minister

8. The Clerks of the Crown and Pleas, and the several Clerks of Deputy Clerks of the Crown, the Clerk of the Process, the Crown and Clerks of Assize, the Registrar of the Court of Chancery, the puties, Clerks Clerk of the Court of Appeals, the Surrogate Clerk, and the of Assize and of Appeals to Clerk of the Heir and Devisee Commissioners, shall severally render halfcollect the sums by this Act imposed on the Writs, Process yearly accounts and proceedings herein mentioned, and render half yearly of Finance. accounts of the same to the Minister of Finance, and every such account shall be signed by the Officer rendering the same and be declared by him before any Judge or Justice of the Peace, and such Officer shall pay the same to the account of or to the Receiver General, at such time as the Governor in Council may direct; and the officer rendering such account and making such payment shall be entitled to charge and receive four per centum on the sums paid over by him. 9 V. c. 33, s. 5,-See 12 V. c. 63, ss. 15, 16,---22 V. c. 31. (1859.)

SALE OF LAND IN TORONTO AUTHORIZED.

direct sale of 2
acres of land in

debentures.

9. The Governor may authorize and direct a portion, not Governor may exceeding two acres, of the lot of land in the City of Toronto formerly known and designated as Simcoe Place, and bound- Toronto to raise ed by Front Street, John Street, Wellington Street and Simcoe funds to meet Street, according to the plan in the Office of the Commissioner of Crown Lands, to be sold at public auction, for the best price that can be obtained for the same, payable in money at a credit of not more than five years; and the proceeds of such sale, as well interest as principal, shall be applied to the satisfaction of the debentures issued for the purposes aforesaid. 9 V. c. 33, s. 6.

DEBENTURES REDEEMABLE AT PLEASURE.

call in deben

10. The Governor may by Proclamation call in for payment Governor may any of the said debentures, although not then payable; and at tures. the expiration of six months from the date of such Proclamation, all interest on the debentures so called in shall cease. 9 V. c. 33, s. 7.

ACCOUNTS

Accounts to be

laid before Le
gislature.

Auernard by Cale 47-1860 Strants, do,

Who may be
admitted to

practise at the
Bar.

Students of 5

ACCOUNTS TO BE LAID BEFORE PARLIAMENT.

11. Accounts in detail of all moneys received and paid, and of the debentures issued and the interest thereon, and of the redemption of the whole or any portion of such debentures, and of all expenses attending the collection and payment of the sums of money collected and received by authority of this Act, shall be laid before the Legislature of this Province at each Session thereof. 9 V. c. 33, s. 8,-22 V. c. 31. (1859.) CAP. XXXIV.

An Act respecting Barristers at Law.

HER Majesty, by and with the advice and consent of the

Legislative Council and Assembly of Canada, enacts as

follows:

1. The following persons, and no others, may be admitted to practise at the Bar in Her Majesty's Courts of Law and Equity in Upper Canada :

1. Any person of the age of twenty-one years, who, having years' standing. 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; 37 G. 3, c. 13, ss. 5, 7.

Graduates of 3

on the Books of
the Society.

2. Any person who has taken the Degree of Bachelor or years' standing Master of Arts, or Bachelor of Law, in any of the Universities of the United Kingdom of Great Britain or Ireland, or of any University or College in Upper Canada having power to grant Degrees, and has been admitted into and been standing on the Books of the Society as a Student of Laws for three years, and has conformed himself to the Rules thereof; and in the case of Degrees conferred in Upper Canada, the Student may be admitted to the Bar notwithstanding he was entered on the Books of the Society before taking his Degree; 7 W. 4, c. 15, s. 5,---10, 11 V. c. 29, ss. 1, 2, 3,---See 20 V. c. 63.

Barristers of

land and Scot

3. Any person who has been duly called to the Bar of any England, Ire- of Her Majesty's Superior Courts in England, Scotland or Ireland, not being Courts of merely local jurisdiction; 2 G. 4, c. 5, s. 2.

land.

Barristers of

4. Any person who has been duly called to the Bar of any of other Colonies. 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 Upper Canada, and who produces sufficient evidence of such call and testimonials of good cha racter and conduct to the satisfaction of the Law Society. 2 G. 4, c. 5, s. 2.

CAP.

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