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[Note.-The Words printed in Italics are proposed to be inserted in the Committee.]

W

HEREAS under or by virtue of an Act passed in the Preamble.
Fifty-fifth Year of the Reign of His Majesty King George

the Third, intituled " An Act for repealing the Stamp Duties 55G.3.c.184. "on Deeds, Law Proceedings, and other written or printed Instru5ments, and the Duties on Fire Insurances, and on Legacies, and "Successions to Personal Estate upon Intestacies, now payable in "Great Britain, and for granting other Duties in lieu thereof," certain Stamp Duties specified and contained in a Schedule to the said Act annexed were granted and made payable in Great Britain 10 for or in respect of (amongst other things) Certificates to be taken out yearly by every Person admitted as an Attorney or Solicitor in any of His Majesty's Courts at Westminster, or in any of the Courts of the Great Sessions in Wales, or of the Counties Palatine of Chester, Lancaster, and Durham, or in any other Court in England 15 holding Pleas where the Debt or Damage amounts to Forty Shillings, and by every Person admitted as a Proctor in any of the Ecclesiastical or Admiralty Courts in England: And whereas it is expedient that the said Duties should be repealed: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the 20 Advice and Consent of the Lords Spiritual and Temporal, and Commons,

299.

A

ficates to be

Commons, in this present Parliament assembled, and by the Authority Duties on of the same, That from and after the passing of this Act the Duties annual Certi- aforesaid shall cease and be no longer paid or payable: Provided taken out by always, that such of the said Duties as shall have accrued or have become payable or due before the passing of this Act shall be 5 and Proctors recoverable by the same Ways or Means, and with such and the same repealed. Penalties, as if this Act had not passed.

Attornies,

Solicitors,

Every Attorney and Solicitor to take out annually, between the

16th De

cember a

entitle him

to practise.

II. And be it enacted, That any Person who shall be admitted or enrolled as an Attorney or Solicitor in any Court of Law or Equity in England or Wales shall annually, between the Fifteenth Day of 10 November and the Sixteenth Day of December, during such Time as 15th Novem- he shall continue to practise as an Attorney or Solicitor, or before he ber and the shall act as an Attorney or Solicitor, or as such Attorney or Solicitor shall sue out any Writ or Process, or commence, carry on, solicit, Certificate to or defend any Action, Suit, or other Proceeding, in the Name of any 15 other Person, or in his own Name, in Her Majesty's High Court of Chancery, or Courts of Queen's Bench, Common Pleas, or Exchequer, or Court of the Duchy of Lancaster, or Court of the Duchy Chamber of Lancaster at Westminster, or in any of the Courts of the Counties Palatine of Lancaster and Durham, or in the Court of 20. Bankruptcy, or in the Court for the Relief of Insolvent Debtors, or in any County Court, or in any Court of Civil or Criminal Jurisdiction, or in any other Court of Law or Equity, in that Part of the United Kingdom of Great Britain and Ireland called England and Wales, or act as an Attorney or Solicitor in any Cause, Matter, or 25 Suit, civil or criminal, to be heard, tried, or determined in either of the Houses of Parliament, or before any Justice of Assize of Oyer and Terminer or Gaol Delivery, or at any General or Quarter Sessions of the Peace for any County, Riding, Division, Liberty, City, Borough, or Place, or before any Justice or Justices, or before 30 any Commissioners of Her Majesty's Revenue, obtain from the Registrar of Attornies and Solicitors a Certificate of his being duly enrolled as an Attorney or Solicitor.

When such
Certificate
shall bear
Date, and

when de-
termine.

Registrar of
Attornies

and Solici

III. And be it enacted, That every Certificate issued by virtue of this Act between the Fifteenth Day of November and the Sixteenth 35 Day of December in every Year shall bear Date on the Sixteenth Day of November in such Year, and every Certificate issued at any other Time shall bear Date on the Day on which the same shall be issued; and every such Certificate shall cease and determine on the Fifteenth Day of November then next following.

IV. And be it enacted, That from and after the passing of this Act there shall be a Registrar of Attornies and Solicitors, and it shall be

40

the

the Duty of such Registrar to keep an alphabetical Roll or Book, or tors to keep Rolls or Books, of all Attornies and Solicitors, and to issue to Persons a Roll. who have been admitted and enrolled as Attornies or Solicitors Certificates entitling them to practise as such; and it shall and may 5 be lawful to and for the Lord Chief Justice of Her Majesty's Court of Queen's Bench, the Master of the Rolls, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, (or any Three of them, of whom the Master of the Rolls shall be one,) to make such Orders, 10 Directions, and Regulations touching the Performance and Execution of the Duties aforesaid as they shall think proper; and such Registrar, or some Person duly appointed by him, shall have free Access to, and shall be at liberty from Time to Time to examine and take Copies or Extracts, without Fee or Reward, of all Rolls or Books kept for the 15 Enrolment of Attornies and Solicitors in any of the Courts at Westminster, and for the Enrolment of Attornies and Solicitors in the Court of the Duchy of Lancaster, or Court of the Duchy Chamber of Lancaster at Westminster, or in any Courts of the Counties Palatine of Lancaster and Durham; and that the Duties of such Office of Regis20 trar shall be performed as in the Manner provided and directed by an

66

Act passed in the Session of Parliament held in the Sixth and Seventh Years of the Reign of Her present Majesty, intituled "An Act for 6 & 7 Vict. "consolidating and amending several of the Laws relating to Attor. c.73. "nies and Solicitors practising in England and Wales," by the 25 Incorporated Society of Attornies, Solicitors, Proctors, and others, not being Barristers, practising in the Courts of Law and Equity of the United Kingdom," whether by their present or any future Charter of Incorporation, unless and until the Lord Chief Justice of the Court of Queen's Bench, the Master of the Rolls, the Lord Chief 30 Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, (or any Three of them, of whom the Master of the Rolls shall be One,) shall by any Order under their Hands, which Order they are hereby authorized and empowered to make, appoint any fit and proper Person to perform the said Duties in the Place and 35 Stead of the said Society, which said Person shall be called the Registrar of Attornies and Solicitors, and shall hold such Office or Employment during Pleasure only, and so from Time to Time to appoint any other fit and proper Person, or the said Society, to perform the said Duties during Pleasure.

40

tion for Cer

V. And be it enacted, That for the Purpose of obtaining such On ApplicaRegistrar's Certificate as aforesaid, a Declaration in Writing, signed by tificate a such Attorney or Solicitor or by his Partner, or in case such Attorney Declaration or Solicitor shall reside more than Twenty Miles from London, then and entered by his London Agent on his Behalf, containing his Name and Place in a Book. of

299.

On Registrar's Refusal, Application to be made

to Court.

In case of Neglect to obtain a Certificate Application to be made to

the Court or Judge.

Penalty for acting without Certifi

Residence.

of Residence, and the Court or One of the Courts of which he is then
admitted an Attorney or Solicitor, together with the Term and Year
in or as of which he was so admitted, shall be delivered to the said
Registrar, who shall cause all the Particulars in such Declaration to
be entered in a proper Book to be kept for that Purpose, which shall 5
be open to the Inspection and Examination of all Persons without
Fee or Reward; and the said Registrar shall, after the Expiration of
Six Days after the Delivery of such Declaration, (unless he shall see
Cause and have Reason to believe that the Party applying for such
Certificate is not upon the said Roll of Attornies or Solicitors,) deliver 10
to the said Attorney or Solicitor or to his Agent, on Demand, and upon
Payment of the Sum of Ten Shillings, a Certificate in the Form or
to the Effect set forth in the Schedule to this Act annexed.

VI. And be it enacted, That in case the said Registrar shall decline to issue such Certificate as he is herein-before directed and 15 required to give, the Party so applying for the same, if an Attorney, shall and may apply to any of the said Courts of Law at Westminster, or to any Judge thereof, or, if a Solicitor, to the Master of the Rolls, who are hereby respectively authorized to make such Order in the Matter as shall be just, and to order Payment of Costs 20 by and to either of the Parties, if they shall see fit.

VII. And be it enacted, That if any Attorney or Solicitor shall neglect for One whole Year to procure an annual Certificate authorizing him to practise as such, then and in such Case the said Registrar shall not afterwards grant a Certificate to such Attorney or 25 Solicitor without the Order of the Master of the Rolls, in the Case of a Solicitor, or of One of the Courts of Queen's Bench, Common Pleas, or Exchequer, or of One of the Judges thereof, in the Case of an Attorney, authorizing such Registrar to issue such Certificate; and it shall be lawful for the Master of the Rolls, or for such Court 30 or Judge, to make such Order, upon such Terms and Conditions as he or they shall think fit.

VIII. And be it enacted, That every Person admitted or enrolled as an an Attorney or Solicitor in any Court of Law or Equity in cate, orgiving England or Wales who shall, in his own Name or in the Name of 35 false Place of any other Person, sue out any Writ or Process, or commence, carry on, solicit, or defend any Action, Suit, or other Proceeding, in any of the Courts aforesaid, or shall in any Manner act as an Attorney or Solicitor, without having previously obtained a Certificate as aforesaid which shall be then in force, or shall deliver to the Officer 40 appointed by this Act any false or fictitious Place of Residence contrary to the true Intent and Meaning of this Act, shall for every such

Offence

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