CAP. XXX V.

An Act respecting Attorneys at Law.

ammard by Cup 48-1860

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

follows:

ADMISSION OF.

Solicitors must

1. Unless admitted and enrolled, and duly qualified to act Attorneys and as an Attorney or Solicitor, no person shall, in Upper Canada, be admitted and act as an Attorney or Solicitor in any Superior or Inferior enrolled. Court of Civil or Criminal jurisdiction in Law or Equity, or any Court of Bankruptcy or Insolvency, or before any Justice of the Peace, or as such sue out any writ or process, or commence, carry on, solicit or defend any action, suit or proceeding in the name of any other person or in his own name. 20 V.

c. 63, s. 2.

WHO MAY BE ADMITTED.

admitted and

2. Subject to the provisions hereinafter contained, the follow- Who may be ing persons, and no others, may be admitted and enrolled as enrolled Attor Attorneys or Solicitors: 20 V. c. 63, s. 3.

1. Any person bound by contract in writing to a practising Attorney or Solicitor in Upper Canada to serve him as his Clerk for five years;

neys or Soli-
citors.

2. Any person who has taken the Degree of Bachelor or. Master of Arts, or of Bachelor or Doctor of Laws, in any of the Universities of the United Kingdom of Great Britain and Ireland, or of this Province, and has, before or after taking his Degree, been bound by contract in writing to a practising Attorney or Solicitor in Upper Canada to serve him as a Clerk for three years; 20 V. c. 63, s、4.

3. Any person who has been duly called to practise at the Bar of Upper Canada or who has been duly called to practise at the Bar of any of Her Majesty's Superior Courts, not having merely local jurisdiction, in England, Scotland or Ireland, and has been bound by contract in writing to a practising Attorney or Solicitor in pper Canada to serve him as his Clerk for one year; 20 V. c. 63, 5,---22 V. c. 94, s. 2. Proviso.

4. Any person duly and lawfully sworn, admitted and enrolled an Attorney or Solicitor of Her Majesty's High Court of Chancery, or Court of Queen's Bench, Common Pleas or Exchequer in England or Ireland, or who has been Writer to the Signet or Solicitor in the Supreme Courts in Scotland, and has been bound by contract in writing to a practising Attorney or Solicitor in Upper Canada to serve him as his Clerk for one year; 20 V. c. 63, s. 5.

ao

Provisions to be

complied with by Attorneys and Solicitors before they can be admitted.

Form of affi

5. Any Attorney or Solicitor of any of Her Majesty's Superior Courts of Law or Equity in any of Her Majesty's Colonies wherein the Common Law of England is the Common Law of the land, and who has been bound by contract in writing to a practising Attorney or Solicitor in Upper Canada to serve him as his Clerk for one year. 20 V. c. 63, s. 5.

TERMS OF ADMISSION.

3. No person above mentioned shall be admitted and enrolled as an Attorney or Solicitor, unless: 20 V. c. 63, ss. 3, 4, 5, 11.

1. He has, during the term specified in his contract of service, duly served thereunder, and has, during the whole of such term, been actually employed in the proper practice or business of an Attorney or Solicitor, by the Attorney or Solicitor to whom he has been bound or, (with his consent,) by the Professional Agent of such Attorney or Solicitor at Toronto, for a part of said time not exceeding one year; nor unless.-20 V. c. 63, s. 9.

2. He has, during his term of service, attended the Sittings of the Courts of Queen's Bench or Common Pleas during at least two of the Terms of such Courts, and has complied with the regulations of the Law Society in that behalf; nor unless.-20 V. c. 63, s. 3.

3. After the expiration of such term of service he has been examined and sworn in the manner hereinafter directed; nor unless.

4. At least fourteen days next before the first day of the Term in which he seeks admission, he has left with the Secretary of the Law Society his contract of service, and any assignment thereof, and an affidavit of execution thereof, and of due service thereunder, and a certificate of his having attended the Sittings of the Court or Courts during two Terms as herein before provided; and (in the case of a person who has taken a Degree as herein before mentioned,) a certificate of his having taken such Degree, or a duly authenticated certified copy of such certifi cate;

5. Nor unless the Candidate for admission by affidavits of himself and of the Attorney or Solicitor to whom he has been bound, or his Agent as aforesaid, proves that he hath actually served and been employed by such practising Attorney or Solicitor and Agent (as to the latter for the term of one year only) during the whole of his term of service, and in the manner required by this Act.

4. Such affidavits shall be in the form approved of by the davit to be de- Judges of the Court to which application for admission is made,

and

and shall by the applicant be delivered to the Law Society livered to the upon his application to be examined. 20 V. c. 63, s. 11.

Society.

5. In case the contract of service, affidavit and assignment Provision in (if any) cannot be produced, then on application made to the case the conLaw Society in that behalf at least fourteen days next before tract,c., cannot be prothe first day of the Term in which the applicant seeks ad- duced. mission, the Society on being satisfied of such fact, may in their discretion, dispense with the production of such contract, affidavit and assignment, or any of them, and the certificate of the Law Society of such dispensation shall be sufficient in lieu of the production of the required contract and affidavit and any assignment thereof under the provisions of this Act. 22 V. c. 94, s. 4.

OATH.

6. No Candidate shall be admitted unless he also makes and subscribes the oath or affirmation following: 20 V. c. 63, s. 21.

"I, A. B., do swear (or solemnly affirm, as the case may be) "that I will truly and honestly demean myself in the practice of an Attorney (or Solicitor, as the case may be) according to the "best of my knowledge and ability. So help me God."

CONDITIONS.

Oath to be taken by Candidates for ad

mission.

dates of the

7. No Candidate for admission being of the class of persons Provisions resrespectively mentioned in sub-sections three, four and five of pecting Candisection two of this Act, shall be admitted unless (1) such per- clauses in subson publishes in the Canada Gazette, at least two months sections, 3, 4 previous, notice of his intention to apply for admission to 2 suprà. the Court of Chancery, Queen's Bench or Common Pleas, (as the case may be,) in the next ensuing Term of such Court;

Nor, except in the case of a person called to the Bar of Upper Canada, unless 2) such Candidate, at least fourteen days before the first day of such Term, leaves with the Secretary of the Law Society; 20 V. c. 63, s. 5.

A. In the case of a Barrister, not being a Barrister of Upper Canada, a certificate under the seal of the Society, or Inn of Court in England, Scotland or Ireland of which he is a member, duly attested under the proper hand of the proper officer thereof, that he has been duly called to the Bar, and was at the date of such certificate on the Books of such Society or Inn of Court; and also, an affidavit of the applicant to the satisfaction of the Law Society, that since his admission to the Bar, no application to any Society or Inn of Court has been made against such person to disbar him or otherwise to disqualify him from further practice for misconduct in such his capacity of Barrister; 22 V. c. 94, s. 2.

B.

and 5 of section

The Law So

ciety to make

rules for the

Candidates.

B. And in the case of any Attorney or Solicitor,-a certificate under the seal of the proper Court or Courts, duly attested under the hand of the proper officer thereof, that he was duly admitted and enrolled as such Attorney or Solicitor, and was at the date of such certificate on the Roll of Attorneys or Solicitors of such Court or Courts; and also, an affidavit of the applicant, that since his admission as aforesaid, no appli cation to any such Court or Courts (as the case may be) has been made against such person to strike him off the roll of any such Court, or otherwise to disqualify him in his capacity of Attorney or Solicitor ; 22 V. c. 94, s. 2.

C. Such certificates respectively shall bear date within three months of the first day of the Term during which the application is made.

BENCHERS MAY MAKE RULES.

8. The Benchers of the Law Society with the approbation of the Visitors, (one of the Judges of each of the Superior Courts of examination of Law and Equity being one,) shall from time to time make such Rules as they consider necessary for conducting the Examination of persons applying to be admitted as Attorneys or Solicitors, as well touching the Articles and Service, and the several Certificates required by Law to be produced by them before their admission, as to the fitness and capacity of such persons to act as Attorneys or Solicitors; and the Society may from time to time nominate and appoint Examiners for conducting such Examinations. 20 V. c. 63, s. 19.

When Law

Society may

sion.

9. In any of the foregoing cases where it appears to the Law suspend deci- Society expedient for purposes of further inquiry or investigation, the Society may suspend for a period not exceeding twelve months, their final decision in respect to the granting or refusal of the certificate, 22 V. c. 94, s. 2.

The Law Society to examine into the

fitness and capacity of Candidates for admission as At

torneys or Solicitors.

EXAMINATIONS.

10. The Law Society, upon proof to their satisfaction of the requisites of this Act having been complied with, shall examine and enquire by such ways and means as they think proper, touching the fitness and capacity of any applicant for admission to act as an Attorney or Solicitor; and if satisfied by such examination, or by the certificate of the Examiners hereinafter mentioned, that such person is duly qualified, fit and competent to act as an Attorney or Solicitor, the Society shall give a certificate under the corporate seal of the said Society of the due service under contract in writing, of such person, and of his fitness and capacity, and of his having duly complied with the requirements of this Act, and that he is in all respects duly qualified to be admitted as an Attorney and Solicitor, and upon production to one of the Judges of the Superior Courts of Law or of Equity in Upper Canada, annexed to such certificate of the

original

original contract of service and any assignments thereof, and the affidavits of due service thereunder, and all other certificates hereinbefore required, such Judge shall endorse his fiat of admis-. sion upon the certificate of the Law Society

and

Thereupon any of the Superior Courts of Law or Equity during the Term in which such application for admission is made, may, in addition to the oath of allegiance, administer to such person in open Court the oath herein before directed to be taken by Attorneys and Solicitors, and after such oaths taken may cause him to be admitted and his name to be enrolled as an Attorney or Solicitor of such Court, which admission shall be signed by the Clerk or Registrar of the Court, and the documents upon which the admission has been obtained shall be filed and retained of record in the office of the Court in which the admission takes place. 20 V. c. 63, s. 6.

and Solicitors

11. Whenever any person has been bound by contract in Articled Clerks writing to serve as a Clerk to an Attorney or Solicitor, such oder Attorney or Solicitor shall, within three months after the date of to procure affithe contract, make or procure to be made an affidavit that such davits of the Attorney or Solicitor has been duly admitted, and also that such Attorney or contract was duly executed by the said Attorney or Solicitor, Solicitor, to and by the person bound to serve him as such Clerk; and

In every such affidavit there shall be specified the names of the Attorney or Solicitor, and of the person so bound, and their places of abode respectively, together with the day on which the contract was actually executed; and

Every such contract, with the affidavit annexed thereto, shall, within three months next after the execution of the contract, be filed with one of the Clerks of the Crown and Pleas, at Toronto, who shall endorse and sign upon such affidavit and contract a memorandum of the day of the filing thereof. 20 V. c. 63, s. 7.

admission of

whom articled,

and of execution of articles.

not filed in

12. In case such affidavit be not filed within three months Provision in after the date of the contract, the same may nevertheless be case affidavit filed by the officer before mentioned; but the service of the three months. Clerk shall be reckoned only from the date of filing such affidavit. 20 V. c. 63, s. 8.

licitors may

more.

13. Every person authorized to practise as an Attorney or Practising At Solicitor may have under contract in writing four Clerks at one torneys and Sotime, and no more; and no Attorney or Solicitor shall have any have 4 Articled Clerk bound as aforesaid, after such Attorney or Solicitor has Clerks, and no discontinued practising as, or carrying on the business of an Attorney or Solicitor, nor whilst such Attorney or Solicitor is employed as a Writer or Clerk by any other Attorney or Solicitor; and the service by an Articled Clerk to an Attorney or Solicitor, under any such circumstances, shall not be deemed good service under the Articles. 20 V. c. 63, s. 10.