or papers in the possession, custody or power of the Attorney been referred, Court or Judge or Solicitor, his Assignee or representatives, in the same manner may order deas has heretofore been done in cases where any such business livery up of had been transacted in the Court in which such Order was papers. made.

36. In proving a compliance with this Act, it shall not be necessary in the first instance to prove the contents of the Bill delivered, sent or left, but it shall be sufficient to prove that a Bill of fees, charges or disbursements subscribed in the manner aforesaid, or enclosed in or accompanied by such letter as aforesaid, was delivered, sent or left in manner aforesaid; but the other party may shew that the Bill so delivered, sent or left, was not such a Bill as constituted a bona fide compliance with this Act.

37. Any Judge of the Superior Courts of Law or Equity, or The Judges a County Judge, on proof to his satisfaction that there is pro- tions for costs may allow acbable cause for believing that the party chargeable is about to quit within one month if deUpper Canada, may authorize an Attorney or Solicitor to comparture from mence an action for the recovery of his fees, charges or disbur- U. C. be appresements against the party chargeable therewith, although one month has not expired since the delivery of a Bill as aforesaid. 16 V. c. 175, s. 20.

hended.

a taxation may

38. When any person not being chargeable as the principal When a party party is liable to pay or has paid any Bill either to the Attorney principal pays not being the or Solicitor, his Assignee, or representative, or to the principal a Bill of costs, party entitled thereto, the party so paying, his Assignee or re- be allowed presentative, may make the like application for a reference there- afterwards. of to taxation and in like manner as the party chargeable therewith might himself have made, and the same proceedings shall be had thereupon, as if such application had been made by the party so chargeable

may be consi

39. In case such application is made when, under the pro- When special visions herein before contained a reference is not authorized to be circumstances made except under special circumstances, the Court or Judge to dered. whom the application is made, may take into consideration any additional special circumstances applicable to the person making it, although such circumstances might not be applicable to the party chargeable with the Bill, if he was the party making the application. 16 V. c. 175, s. 21.

order the de

40. For the purpose of any such reference upon the applica- A Judge may tion of the person not being the party chargeable, or of a party livery of a copy interested as aforesaid, such Court or Judge may order the of the Bill. Attorney or Solicitor, his Assignee or representative, to deliver to the party making the application a copy of the Bill, upon payment of the costs of the copy. 16 V. c. 175, s. 22.

When a Bill

referred.

41. No Bill previously taxed shall be again referred, unless taxed may be under the special circumstances, the Court or Judge to whom the application is made thinks fit to direct a retaxation thereof. 16 V. c. 175, s. 22.

Payment not to

preclude taxa

for within a year.

42. The payment of any such Bill as aforesaid shall in no tion if applied case preclude the Court or Judge to whom application may be made from referring such Bill for taxation, if the application be made within twelve months after payment, and if the special circumstances of the case in the opinion of such Court or Judge appear to require the same, upon the terms and subject to the directions which to the Court or Judge seem right. 16 V. c. 175, s. 23.

the assistance of the officer of

any other Court.

A taxing Offi- 43. In all cases in which a Bill is referred to be taxed, cer may require the Officer to whom the reference is made, may request the proper Officer of any other Court, to assist him in taxing any part of such Bill, and such Officer, so requested, shall thereupon tax the same, and shall have the same powers, and may receive the same fees in respect thereof, as upon a reference to him by the Court of which he is such Officer, and he shall return the Bill, with his opinion thereon, to the Officer who so requests him to tax the same. 16 V. c. 175, s. 24.

How applications against Attorneys to be intituled.

The Law So

ciety to provide

for salaries of Reporters by fees to be paid by Attorneys.

Sum to be paid by Attorneys

and Solicitors annually for

certificates to

practise.

44. All applications made to refer any Bill to be taxed, or for the delivery of a Bill, or for the delivering up of Deeds, documents and papers, shall be made" in the matter of such Attorney or Solicitor ;" and upon the taxation of any such Bill, the certificate of the Officer by whom the Bill is taxed shall (unless set aside or altered by order of a Judge, Decree or Rule of Court,) be final and conclusive as to the amount thereof, and payment of the amount certified to be due and directed to be paid may be enforced according to the course of the Court in which the reference has been made. 16 V. c. 175, s. 25.

PROVISIONS. FOR RAISING FUNDS FOR SALARIES OF REPORTERS.
PRACTITIONERS TO TAKE OUT CERTIFICATES.

45. In order to provide for the Salaries of the Reporters in the Superior Courts, the Benchers of the Law Society of Upper Canada may, by any Rule made by them with the approbation of the Visitors thereof, one of the Judges of each of the Superior Courts of Law and of Equity being one, appoint a sum not exceeding five dollars, in respect of each of the said Courts of Queen's Bench, Common Pleas and Chancery, to be annually paid to the Treasurer of the said Society by every practising Attorney and Solicitor of any of the said Courts, and in case of persons being Solicitors of the Court of Chancery and also Attorneys of both the said Common Law Courts, the Benchers may appoint one sum to be annually paid by every such Practitioner. 18 V. c. 128, s. 8.

CERTIFICATES

CERTIFICATES HOW ISSUED.

Secretary to

46. Attorneys' and Solicitors' Certificates to practise shall be issued by the Secretary of the Society. 18 V. c. 128, s. 9. issue the cer

tificates.

47. The Secretary of the said Law Society shall be annually To be furnished furnished with such Certificates (in blank) by the respective to him in blank Clerks of the Crown and Pleas, and the Registrar in Chancery. the Crown. 18 V. c. 128, s. 9.

by Clerks of

all past dues

48. No such Certificate shall be issued to any Attorney or Certificates not Solicitor, being at the time a Member of the Society, who at to be issued till the time of payment of his Certificate fee is indebted to the paid. Society for any Term Fee, or other fee or due payable to the Society, until all such last mentioned fees and dues have been paid to the Treasurer. 18 V. c. 128, s. 9.

WHEN FEES TO BE PAID.

nually in Mi

49. Every practising Attorney and Solicitor shall annually, Certificates fees in Michaelmas Term, pay to the Treasurer, the Certificate fees to be paid anappointed by the Society, and thereupon the Secretary shall chaelmas deliver to him one or more Certificates of his being such Attor- Term. ney or Solicitor. 18 V. c. 128, s. 10.

LISTS OF PRACTITIONERS TO BE FURNISHED, &c.

cretary in vac

50. The Clerks of the Crown and Pleas respectively, and the Copy to be deRegistrar in Chancery, shall annually, during the vacation after livered to SeTrinity Term, deliver to the Secretary or at his office in ation after Osgoode Hall, certified under their respective hands and the Seals Trinity Term. of the said Courts respectively, a Copy of so much of the Roll of Attorneys and Solicitors of their respective Courts, as contains the names of those admitted to practise therein subsequently to the last return by such Clerks or Registrar respectively made to the said Secretary. 18 V. c. 128, s. 11.

copies of Roll

51. The Secretary shall enter all such Certified Copies in a Secretary to Book to be kept in his office for that purpose, affixing to each enter certified name a number following in consecutive order the numbers in a Book. affixed to the names previously entered in such book. 18 V. c. 128, s. 12.

WHAT TO BE DONE IF AN ATTORNEY OR SOLICITOR BE STRUCK OFF

THE ROLL.

tor struck off

52. Whenever any Attorney or Solicitor is struck off the Roll When Attorof any of the said Courts, the Clerk of the Crown or Registrar of ney or Solici such Court shall certify the same under his hand and the seal of Roll, Clerk to the Court to the Secretary of the Society, stating whether certify same such Attorney or Solicitor was struck off at his own request to Secretary. or otherwise, and the Secretary shall attach such certificate.

Clerks to furnish blank Attorneys' certificates to Secretary.

Secretary to note date of issue on margin.

Secretary to

enter in Book alphabetical list of names on

the Rolls, and

annually on or before 1st Fe

bruary put

in his office,

up

to the certified copy of the Roll on which the name of such person stands, and shall in the book to be by him kept as aforesaid, make a note opposite the name of such person, of his having been struck off such Roll. 18 V. c. 128, s. 13.

CLERKS TO FURNISH BLANK CERTIFICATES.

53. Each of the Clerks of the Crown and Pleas, and the Regis trar in Chancery, shall annually, during the Vacation of Trinity Term furnish the Secretary as many blank Attorney's and Solicitor's certificates, (dated of the last day of such Vacation) as there were Attorneys or Solicitors standing on the Rolls of such Courts respectively on the last day of that Term. 18 V. c. 128,

s. 14.

54. The Secretary shall, in the margin of every certificate issued by him, note under his hand the day of its issue, and shall at the commencement of every new year, destroy all blank certificates of the previous year then remaining unissued. V. c. 128, s. 15.

18

55. The Secretary shall, in a second book to be kept in his office for that purpose, enter all the names contained in the copies of Rolls so transmitted to him, alphabetically arranged, with a reference to the numbers of each name on the Roll or Rolls on which the same stands; and shall, annually on or before the first day of February, put up in his office and in the office and also in the offices of each of the Clerks of the Crown and of Clerks of the Pleas and Registrar in Chancery, an alphabetical list certified Crown, alphabetical list of by him, under his hand, of all Attorneys and Solicitors who certified At- have taken out their certificates for the then current year, and torneys. shall, from time to time, add to the list put up in his own office the name of each Attorney or Solicitor who takes out a certificate at a subsequent period of the year, noting thereon the time when such certificate was taken out. 18 V. c. 128, s. 16.

If certificates not taken out in term, sums

by way of penally to be paid.

EXTRA FEES OF CERTIFICATES NOT taken out IN DUE TIME. 1

56. If any Attorney or Solicitor omits taking out such annual certificate within the time aforesaid, he shall not be entitled thereto until he pays to the Treasurer, not only the certificate fee so appointed as aforesaid, together with any fees or dues that he, if a Member of the said Society, owes the Society, but also the additional sum by way of penalty, in respect of each of such Courts, as follows:

1. If such certificate be not taken out until after the last day of Hilary Term, the further sum of two dollars;

2. If not until after the last day of Easter Term, the further sum of three dollars; and

3. If not until after the last day of Trinity Term, the further sum of four dollars. 18 V. c. 128, s. 17.

PENALTY FOR PRACTISING WITHOUT A CERTIFICATE.

57. If any Attorney or Solicitor practises in any of the said Attorneys, &c., Courts of Queen's Bench, Chancery, or Common Pleas, without cerpractising respectively, without such certificate, he shall forfeit the sum tificate to forof forty dollars, which forfeiture shall be paid to the Treasurer feit $40. of the Law Society for the uses thereof, and may be recovered in either of the said Courts of Common Law. 18 V. c. 128, s. 18.

58. No Attorney or Solicitor, admitted as aforesaid, is re- Certificate need quired to take out any such certificate until the Michaelmas not be taken Term next following his admission. 18 V. c. 128, s. 19.

out till Michael-
mas Term next
after admis-
sion.
Clerks of Courts

59. Each of the Clerks and Deputy Clerks of the Crown Cler and Pleas and the Registrar and Deputy Registrars of the Court and Deputies at of Chancery, shall, at the commencement of each year, make out each year, to beginning of a list of the names of every Attorney and Solicitor who by the make out list of Attorneys, papers or proceedings filed or had in their respective offices &c., who have appears to have practised as such Attorney or Solicitor at any practised durtime during the preceding year ending with the thirty-first day ing the preof December. 18 V. c. 128, s. 20.

vious year.

Secretary.

60. Such Clerks, Deputy Clerks, Registrar and Deputy Re- And deliver the gistrars respectively shall, on or before the first day of Hilary same to the Term in the year next to that for which they are made up, deliver or hand such lists to the Secretary at Osgoode Hall, certified under their respective hands and seals. 18 V. c. 128, s. 20.

CAP. XXXVI.

An Act respecting Reporters in the Superior Courts.

H

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

follows:

HOW APPOINTED.

and amenable

discharge of

1. The Benchers of the Law Society in Convocation may, by Reporters to be Instruments under the Corporate Seal, appoint fit and proper appointed by persons (being Members of the Society of the degree of Barris- to the Society ter at Law,) to be Reporters, one for the Court of Queen's Bench, for the faithful one for the Court of Chancery, and one for the Court of Common their duties. Pleas, who shall be amenable to the Society in Convocation for the correct and faithful discharge of their respective duties, and be subject to such rules for the discharge of their duties, including the publishing of their Reports, as the Society in Convocation, with the approbation of the Visitors thereof, think fit to make. 18 V. c. 128, s. 2.

SALARIES.