HANDBOOK OV THE INCORPORATED LAW SOCIETY OF TEE UNITED KINGDOM Pabt I. HISTORICAL AND GENERAL Part II. Cbattets, Hcts, 3^e^%nvQB, IRegulations, Re LONDON PUBLISHBD BY AUTHORITY OV THE COUNCIL OF THE INCORPORATED LAW SOCIETY 1898 Spood€ A Co. Printeri, Naw-streei Square^ London Established cire. 1750. SHAW & SONS, QJortipll ICatu ^rljcnl SItbtary DEED BOXES, COPYING PRESSES, ACCOUNT BOOKS, PILES, And all OFFICE REQUISITES at Short Notice. London : SHAW & SONS, 6, 7, 8, & 9 Fetter Lane, E.G. Incorporated Law Society's Handbook— 1808 [i] ' ^ in the OH Comell university Library KD 509.A33 YOU CANNOT AFFORD t" '»" vol IP WRITING KD 509.A33"" ""'"""" '""'"' *^^" nSi|j|i||iiJ?i'i,,!|l,? Incorporated Law Societ ' 3 1924 021 869 130 CfflUl ewriter. IS-g appointment to ftet fl>aje«t8 tbe ®ueen. tj.lfi.ll}. Xtbe prince of Wlates. CONTRACTORS TO HER MAJESTY'S GOVERNMENT. VEBT FAE AHEAD of the pen in point of speed, it produces work INFINITELY MORE LEGIBLE. These good qualities the Remington shares with all typewriters of any pretensions. ITS SUPERLATIVE EXCELLENCE and the SECRET OF ITS PREDOMINANT USE lie in its SIMPLICITY, DURABILITY, and STRENGTH. IT IS RELIABLE. USED and ENDORSED by the progressive members of the LEGAL PROFESSIONS for correspondence, the preparation of drafts and briefs, and general work. FULL ILLUSTRATED CATALOOUE and further information upon application. WYCKOFF, SEAMANS & BENEDICT, 100 ORACECHURCH STREET, LONDON, E.G. (CORNBE OP LBADBNHALL STREET.) Belpabt— 34 Rosemary Street ; Bibminsham— 23 Msrtineau Street ; Beiohton— 2 Duke Street ; Beistol — 1 Bristol Obambers, Nicholas Street ; Edinbubgh— 1 North Saint David Street ; GliASOOW — 183 Weat George Street; Hull— Paragon Chambers, Paragon Street; Leeds— 40 New Briggate; Leicestee— 18 Bishop Street ; Lfvebpool—Uo North Jobn Street ; Makchesteb — 84 Cross Street ; Newcastle — 12 Neville Street : Shetpield— 37 Surrey Street. [ii] Incorporated Law Socibty's Handbook— 1898. TYPEWRITERS TREMENDOUS BARGAINS. ^i -• FOR SALE, HIRE, OR ^)25^^''^y EXCHANGE. EASY TERMS. Legal and other Documents typed well and promptly. TAYIiOR'S 74 CHANCERY LANE, LONDON. IBST-A-BXilSECEIS 1884. Telegrams :—' Glossator,' London. Telephone, No. 690, Holbopn. CYCLES NEW & SECONDHAND. TREMENDOUS BARGAINS. FOR SALE, HIRE, OR EXCHANGE. EASY TERMS. TAYLOR'S 74 CHANCERY LANE, LONDON. iN'dOEPOKATBD Law Society's Handbook — 1898. [iiij PARTRIDGE & COOPER, LAW STATIONERS, 191, 192 Fleet Street, & 1, 2 Chancery Lane, LONDON, E.G. SOLICITOPtS' BKIEF 1SA.GS. In (lull black or nut brown real cowhide, in all sizes and varieties. From 7s. 6d. upwards. r>EEr» BOXES. These Boxes are made specially for Partridge & Cooper. They are of the best quality London japanned black, polished top, and can be had' with or witliout Bramah lock. Send for New Illustrated Catalogue of Solicitors' Papers, Envelopes, and Sundries, post free. [iv] iNcoitPOKATED Law Society's Handbook— 1898. ROYAL EXCHANBE ASSURANCE INCOBFOJtATMJt A.D. 17S0. For SEA, FIRE, LIFE, and ANNUITIES. Chief Offioe-ROYAL EXCHANGE, LONDON, E.C. Funds in Hantt £4,000,000, Claims Paid £38,000,000. INSURANCES ARE GRANTED AGAINST LOSS OR DAMAGE BY FIRE on Property of almost every description, at moderate rates. PRIVATE INSURANCES.— Policies issued for Two Years and upwards are allowed a liberal discount. LOSSES OCCASIONED BY LIGHTNING will be paid whether the property be set on fire or not. LATEST DEVELOPMENTS OF LIFE ASSURANCE: 1. SETTLEMENT WHOLE LIFE POLICIES, by wMoh an income of 5 per cent. per annum is goaranteed on the Sum Assured. 2. PENSIONS FOR OLD AGE, returning all premiums with interest. 3. IMMEDIATE LIFE ASSURANCE WITHOUT MEDICAL EXAMINATION. i- OPTIONAL ENDOWMENT POLICIES. 5. LOANS ON REVERSIONS AND LIFE INTERESTS carried out with despatch. Apply for full Prospectus to B. R. HANDCOCK, Secretary. SPOTTISWOODE & CO. Law Stationers & Printers NEW=STREET SQUARE, E.C. and 54 GRACECHURCH STREET, E.C. STRONG ROOMS. A few Strong Rooms in the basement of the Law Society's Hall ape to be let to IVIembers at rentals from £5 to £10 pep annum. Incorporated Law Society's Handbook— 1898. [v] NORTH BRITISH & MERCANTILE INSURANCE CO. FIRE, LIFE, AND ANNUITIES. Incorporated by Royal Charter and Special Acts of Parliament. Established 1809. Authorised Capital, £3,000,000. Subscribed Capital, £2,750,000. Paid-up Capital, £687,500. Total Funds at 31st December, 1896, £12,954,532. Paid-up Capital ;. ... £687,500 Dividend Account and Balance of Profit and Loss 626,476 10 3 Fire Reserves 2,136,374 1 10 Life Fund— Accumulated Fund of Life Branch ... £7,136,311 4 Annuity Branoh ... 2,469,871 2 4 9,606,182 2 8 £12,964,632 14 8 REVENUE FOR THE YEAR 1896. ~""^^^~~ Prom Fire Department — Net Premiums, Interest, Ac £1,677,028 17 9 From Life Department — Net Premiums, Interest, &c £999,762 10 Annuity Premiums (including £308,361 \\s.\d, by single payments and Interest) .„ ... 404,465 1 - 1,404,207 9 11 £2,981,236 7 8 The Accumulated Funds of the Life Department are fiee from liability in respect of the Fire Department, and in like manner the Accumulated Funds of the Fife De- partment are free from liability in respect of the Life Department. Prospectuses and every information can be obtained at the Chief Offices. LIFE DBPABTMENT. The principles on which this Company was founded, and on which it continues to act, combine the system of Mutual Assurance with the safety of a large Protecting Capital and Accumulated Funds. Ninety per cent, of the Life As&uiauce Profits is divided amongst the Assurers on the Participating Scale. The Profits are divided every five years. Next division 31st December, 1900. Claims paid on proof of Death and Title. Most Policies are world-wide from the date of issue. Cheap aud simple arrange- ments for Naval and Military Officers. Annuities of all kinds are granted, and the rates fixed on the most favourable terms. FIBE DEPARTMENT. Property of nearly every description at home and abroad, insured at the Lowest Bates of Premiums corresponding to the Bisk. Net Premiums lor 1896 amounted to £1,463,436. 4j. 7d. Losses from Fire occasioned by Lightning made good by this Company. Losses or Damage caused by Explosion of Gas in Buildings not forming part of any Gas Works, are also paid. No charge for Alterations by Endorsements. Rents of Buildings insured. Claims settled with promptitude and liberality. LONDON: 61 Threadneedle Street, E.G. West End Branch: 8 Waterloo Place, S.W. EDINBURGH : 64 Princes Street. [vi] Incorporated Law Socikty's Handbook — 1898. THE SOLICITORS' LAW STATIONERY SOCIETY, LIMITED. Head Offices .- 22 CHANCERY LANE, LONDON, W.C. LAW WRITING AND ENGROSSING. An experienced staff of writers execute work on the premises at the following OfSces:— LONDON. 12 New Court, Carey Street, W.C. 49 Bedford Row, W.C. 33 Lawrence Lane, Cheapside, E.C. 22 Chancery Lane, W.C. MANCHESTER. 1 8 Tib Lane, Cross Street. A Discount of 10 % allowed on Accounts paid Monthly. LAW PRINTING. The Society has now greatly enlarged its Printing Works, and Prints Statements of Claim and Defence, Appeal Cases, Memo- randum and Articles of Association, Books of Reference, Parliamentary Bills, &c., with the utmost care and to time. A Discount of 10 % allowed on Accounts paid Monthly. INCOKPORATED LAW SOCIETY'S HANDBOOK —1898. [vii] STEVENS & SONS, LIMITED Law Publishers, Booksellers, and Exporters, Largest Dealers in Second-hand Law Reports and Text Books. LAW LIBRARIES PURCHASED. ZICEXSED VAIjVBRS FOR PROBATA!, FARTNERSMIP, &c. Private Acts of Parliameat from an Early Date. ^s:> SPECIAL OFFER TO NEW SUBSCRIBERS. Vols. I. to XT., with Index Volume, £15. 15^. XtUXiXMTG GJLSSS. Arranged, Annotated, and Edited by ROBERT CAMPBELL, M.A,, of Lincoln's Inn, Barrlster-at-Law, Advocate of the Scotch Bar. Assisted by other Members of the Bar. With American Notes by IRVING- BROWNE. To be completed in about 25 Volumes. The b-ollowinq Volumes have been published :— Vol. Vol. , Criminal Law — Deed. 0. Defamation— Dramatic and Musical Copyright. 10. Easement — Estate. 11. Estoppel — Execution. 12. Executor — Indemnity. 1. Abandonment— Action. 2. Action — Amendment. 3. Ancient Light— Banker. 4. Bankruptcy — Bill of Lading. 5. Bill of Sale— Conflict of Laws. 6. Contract. 7. Conversion— Counsel. 13. Infant- Insurance. {Nearly ready. 14. Insurance — Judge. \_In the press, 15. Jury— Landlord & Tenant. [Inprepar, Royal 8vo. half-vellum, gilt top, price, each, net, 25s. Index to Vols. I. to S., with Addenda from 1894 to 1896 inclusive, price, bound in half vellum, net 20*. " A perfect storehouse of the principles established and illustrated by our case law and that of the United States." — Law Tlues. "The selection of Ruhng Cases is admirable . . . we recommend alike to students and lawyers, barristers, and especially to solicitors this wcll-conceived and well- executed publication." — Globe, October 26, 1897. Freeth's Acts relating to the New Death Duty, called the Estate Duty. With an Introduction dealing with the other Death Duties, a Digest, copious Notes, and an Appendix, containing the Estate Duty Forms aud the Rules regulating Proceedings in England and Ireland in Appeals under the Acts. Second Edition. Thoroughly Revised and Enlarged. By E. Freeth, Deputy-Controller of Legacy and Succession Duties. Demy 8vo. 1897. Price 32s. M. cloth. " The official position of the author renders his opinion on questions of procedure of great value." — Solioitobs* Journal. Greenwood's Manual of the Practice of Conveyancing, showing the present Practice relating to the Daily Routine of Conveyancing in Solicitors' Offices. To which are added Concise Common Forms in Conveyancing. — Ninth Edition. Edited by Harry Greenwood, M.A,, LL.D., B arris ter-at-Law. Royal 8vo. 1897. Price 20s. cloth. *' We should like to see it placed by his principal in the hands of every articled clerk. One of the most useful practical works we have ever seen." — Law Students' Journal. Wharton's Law Lexicon. Forming an Epitome of the "Law of Eng- land and containing full Explanations of the Technical Terms and Phrases thereof, both Ancient and Modem ; including the various Legal Terms used in Commercial Business. Together with a Translation of the Latin Law Maxims and selected Titles from the Civil, Scotch, and Indian Law. Ninth Edition. By J. M. Lely, Esq., Barrister-at-Law. Super royal 8vo. 1892. Price £1. 18s. cloth. " On almost every point both student and practitioner can gather information from this invaluable book, which ought to be in every lawyer's office."— Gibson's Law Notes. Harris' Hints on Advocacy. Conduct of Cases Civil and Criminal. Olasees of Witnesses and Suggestions for Cross-examining them, &c., &c. By Richard Harris, one of Her Majesty's Counsel Eleventh Edition. Royal 12mo. 1897. Price 7s. Gd. cloth. " A very complete Manual of the Advocate's art in Trial by Jury,"— Solicitors' Journal. "■'-* Catalogue of Law Works (gratis) on application. STEVENS & SONS, Ltd., 119 & 120 Chancery Lane, London, [viii] Incobpokatbd Law Society's Handbook — 1898. " There no longer exists any authorised series of Reports in this country." THE Law Journal Reports EDITED BY JOHN MEWS, Esq., Barrister-at-Law. Joint Publishers. References. These Keports are now published jointly by Stevens & Sons, Ltd., 119 & 120 Chancer}' Lane, and Sweet & Maxwell, Ltd., 3 Chancery Lane, London. References to these Reports will now be found in the principal Law Test Books. Advantages of Sabscribing to these Reports. There is only one volume in each year for each Division of the Courts. The LAW Journal Reports and Statutes for each year may be conveniently bound in three vols. The system of citation has not been materially altered for 74 years. Under the New Management all important cases are reported promptly. Nearly all the Judges have consented to revise their judgments. Mews' Annual Digest of all reported de- cisions of the Superior Courts (issued Quarterly, price 20«.) is supplied to Sub- scribers at the reduced rate of 6«. per Annum. Annual Subscription, with the STATUTES (offi- cially printed by the Queen's printers), is only £'6. is. per Annum ; or bound in half- calf , £3J^ Subscribers have the additional advantage of obtaining, for a further Subscription of £1 per Annum, the LAW Journal News- paper. "■ Memittances to be made payable to Stevens Sf Soils, Zimitcd, and crossed " Unioti Sank." Simplicity of Arrangement. Early Publication. Revision by the Judges. Digest. Moderate Price. Weekly Newspaper. PublisUng Office : 119 & 120 CHANCERY LANE, LONDON. HANDBOOK OF THE INCOEPOEATED LAW SOCIETY OP THE UNITED KINGDOM Pabt I. HISTORICAL AND GENERAL Pakt II. Cbatters, Ecte, :Bi2e=l'aw6, IReoulatlone, ^c LONDON PUBLISHED BY AUTHORITY OF THE COUNCIL OF THE INCOKPOEATED LAW SOCIETY 1898 PBINTBD BY SPOTTISWOODE AND CO., NEW-STUEBT SQUAEK LONDON CONTENTS PAGE CouKciL AND Officers op the Society v HlSTOBY OF THE SociETy ..... , 1 History of the Profession . 27 Commissioners for Oaths 41 Call of Solicitors to the Bab 43 Legal Public Appointments 44 Admission of English Solicitors in the Colonies . . . . 49 „ of Colonial Solicitors in England .... 60 „ TO THE Legal Profession in Foreign Countries . . 62 The Society's Chaeters 65 „ Bye-Laws 75 „ General Eegulations 88 The Solicitors Acts, and other Acts affecting Solicitors . 93 Commissioners fob Oaths Acts . 155 Colonial Solicitors Acts 162 The Society's Library I67 Legal Education 169 Orders under Solicitors Act, 1877 173 Begulations for Pass Examinations 175 „ Honours Examinations and Prizes . . . 187 Local Prizes 190 Eegulations under Solicitors Act, 1894 192 Summary of Eegulations as to Examinations and Admission . 193 Honours Lists 201 Eegistry or Properties fob Sale, Clerkships, &o. ... 270 Law Society Club 272 Index 273 The Postal Address of the Incorporated Law Society, U.K. is No. 113 Chancery Lane, London, W.C. Address for telegrams ' Interpret, London.' Telephones 24 and 69 Holborn. 'lEOES JUIiAQUE SEE7AUUS GOVERNING BODY AND OFFICIALS COUNCIL, 1897-8 President. WILLIAM GODDEN. Viee-Presidmt, CHAELES BEBKELEY MABGETTS, Huntingdon. Joseph Addison Hbnbt Attlee. Chables Mtlnb Baekeb, J.P. James Samtiel Beale. Edmhnd Kell Blyth. Ebenezeb John Bbistow. John Wbefobd Budd. eobeet cunliffe. Eobeet Ellett, Cirencester. William Feancis Fladoate. The Et. Hon. Sir Hbnbt Habtley Fowlee, M.P., G.C.S.I. William Howaed Geay. John Edwaed Gbay Hill, Liver- pool. John Hollams. James Waenes JloyfijiiTT, Brighton. John Hunieb. Fbedeeich Halsby Janson. Geinham Keen. Benjamin Gbeene Lake. Nathaniel Tbetius Lawbence. Henby Manisty. Thomas Maeshall, Leeds. Joseph Faemeb Milne, J.P., Man- chester. FeEDEBIO PABKEBMOBBELL,Oa:/or(i. Feancis Kebeidqe Munton. Sir Thos. Paine. Eiohaed Pennington, J.P. Thomas Eawle. Sir A. K. Eollit, M.P. Heney Eosoob. CoENELius Thomas Saundees, Bvnniiigham. Eobeet Lowe Geant Vassall, Bristol. William Melmoth Waltbes. Aethce Wightman, Sheffield. William Williams. Hbney Wing, Nottingham. William Howabd Winteebotham. VI GOVERNING BODY AND OFFICIALS Extraordinary Members. J. T. Atkinson, Selby. W. C. Loed, Manchester. H. J. BiKCH, Cliester. J. M. Mooee, South Shields. O. P. Daniel, Bamsgate. T. H. Russell, Birmi'ngham. Fbedk. Gbegoey, Liverpool. \ E. C. Sewell, Cirencester. G. F. Hill, Cardiff. < J. C. Woods, Swansea. Secretary. Assistant Secretary. E. W. Williamson. i S. P. B. Bucknill. Clerk to Committees. Librarian. H. F. Beown. I Feedeeick Boase. Assistant Clerks to Committees. A. C. Scholefield, W. K. Styles. Clerks. (General Office.) H W. Maynaed. I F. J. FOSTEE. C. E. ROBEKTS. Clerks for Solicitors Cases. C. R. Phillips. | C. C. Mitchinson. S. C. T. C. Felgate. Accountants' Department. T. G. Gdbney. I E. W. Winch. H. T. ROQEES. H. R. M. Belwabd. Auditors. F. H. Lee. | E. H. Nash. J. S. Chappelow. Committee. (Appointed under the Solicitors Act, 1888, J. W. Bddd. B. G. Lake (Chairman). R. Ellett. W. F. Fladgate, H. Manisty. W. Melmoth Waltees. William Williams, ASSISTANT EXAMINEES Vll S. A.DDISON. H. Attlee. C. M. Barker. E. K. Blyth. Examination Committee. E. Cdnliffe. Wm. Godden. W. H. Gbay. C. B. Mabseiis. F. P. MOKRELL. F. K. Mdnton. E. Pennington. Sir A. K. EoLLiT. ASSISTANT EXAMINERS Name. C. Knight Watson . C, E. Haselfoot A. E. Cowley . E. Eajiikez P. DE ASAKTA . PrelimiTUtry Examination. Subjects, r English Composition, Geography, History, ' \ Elementary Latin, and Latin and Greek. J Writing from Dictation, Arithmetio,Euclid, ■ \ and Algebra. French and German. Spanish. Italian. E. F. Day P, W. Chandler F. W. Mann Intermediate Examination. Stephen's Commentaries (18th Edition). {Conveyancing, Eights of Property in things real. The portion of Book II. which is contained in Vol. I. (Personal Eights, Eights of Property in things Personal. Eights in Private Eela- tions. Book I., the remaining portion of Book II., and Book III. / The Study of the Law. Civil injuries and their Eemedies (being proceedings in all divisions of the Supreme Court). The Else, Progress, and General Improve- ment of the Laws of England. Intro- duction, Book v., and Conclusion. E. E. Cdnliffe J, H. P. Chitiy Final Examination. ( The Principles of the Law of Eeal and . \ Personal Property, and the Practice of I Conveyancing. I The Principles of Law and Procedure in matters usually determined or admin- istered in the Chancery Division of the High Court of Justice. viii ASSISTANT EXAMINERS , The Principles o£ Law and Procedure in matters usually determined or adminis- B. W. Poole \ tered in the Queen's Bench Division of the High Court of Justice, and the Law ^ and Practice of Bankruptcy. , The Principles of Law and Procedure id matters usually determined or adminis- H. E. Johnson . tered in the Probate, Divorce, and Admi- and ralty Division of the High Court of H. Bevik . Justice ; Ecclesiastical and Criminal I Law and Practice ; and Proceedings ' before Justices of the Peace. Honours ExamiiiaUon. ( The Principles of the Law of Keal and Dr. E. E. Blyth . ] Personal Property, and the Practice of L Conveyancing. j' The Principles of Law and Procedure in , „ . I matters usually determined or adminis- „ A. i±. AKNOULD j ^gj^.g^ jjj j]^g Chancery Division of the [ High Court of Justice. I The Principles of Law and Procedure in matters usually determined or adminis- tered in the Queen's Bench Division of the High Court of Justice, and the Law and Practice of Bankruptcy. I The Principles of Law and Procedure in matters usually determined or adminis- tered in the Probate, Divorce, and Admi- Leslie Huntek ralty Division of the High Court of Justice, Ecclesiastical and Criminal Law and Practice, and Proceedings before Justices of the Peace. Law Tutors. Dr. Leonard H. West \ Students who have not passed the Inter- [ mediate Examination. James Carter Habrison . | Students who have passed the Inter- I mediate Examination. /r PAET I HISTORICAL AND GENERAL HISTORY OF THE SOCIETY In the introduction to the first issue of the Incorporated Law Society's Calendar it was stated that prior to the year 1825 there was no trace of any organization designed for purposes analogous to those for which the Incorporated Law Society was established, and this statement is repeated in many of the earlier prospectuses of the Society. But some documents discovered in the Society's vaults prove that in the year 1739 such a society, called 'The Society of Gentlemen Practisers in the several Courts of Law and Equity,' was established, and at its first meeting ' declared its utmost abhorrence of all male and unfair practice,' and took measures to detect and discountenance the same. In the year 1810, when the available records end, that Society was in full activity, and in a prosperous financial condition ; and there is evidence of its continued activity in the year 1822. The Council have recently published the Minutes of the Society's proceedings, many of which are of considerable interest. It is not known what happened to the Society after the year 1822, but the want of a society to protect their interests and represeht their views was dwelt upon in a prospectus issued in January, 1825, by some of the leading members of the profession. They proposed that a Society should be formed, and should be called the ' London Law Institution.' The word ' London ' was, however, left out of the title— in deference, no doubt, to the reasonable objections B 2 THE INCORPORATED LAW SOCIETY wliich were, or were thought likely to be, entertained by country solicitors — before the Society came into existence. It might naturally be supposed that the name of the actual author of the scheme would figure prominently in the Society's earliest records. But, so far is this from being the case, that no trace of it is to be found until the month of January, 1832, when the thanks of a special general meeting of the members were offered to Mr. Bryan Holme ' for his exertions in the original formation of the Law Institution, which had led to the establishment of the " Incorporated Law Society." To this gentleman (whose portrait may be seen in the Society's Hall) is due the honour of having set on foot the movement of which the prospectus was the first public indication. It is interesting to note that Mr. Holme was a Member of the earlier Society. The issue of the prospectus was followed by a meeting, held on the 29th of March, 1826, at Serle's Coffee House, of solicitors who had given in their adhesion to the cause ; and at this meeting a committee was appointed to draw up a scheme for submission to a general meeting of the subscribers. There are records of the holding of committee meetings at short intervals, down to the date of a general meeting held on the 2nd of June in the same year ; at which latter meeting a report of the result of the committee's deliberations was pre- sented, and a number of resolutions prepared by them were carried unanimously. The names of the gentlemen who composed the com- mittee were — Richard White. j Richard Harrison. Bryan Holme. George Spence. George Frere. Daniel Reardon. William Seymour. I Jonathan Brundrett. Thomas Adlington. ! Stephen Richards. Edward Foss. I William Lowe. Samuel Amory. 1 Thomas Hamilton. George Hundleby. ' Samuel White Sweet. William Tooke. | Richard Woodhouse. The leading features of the original scheme embraced the ORIGINAL SCHEME 3 formation of a society called the ' Law Institution ' ; the purchase of a piece of land with a view to the erection of a suitable building ; the raising for that and other purposes of a capital (afterwards considerably increased) of £50,000 in £25 shares ; the provision, by yearly subscriptions and by the rental to be derived from parts of the building, of the annual expense of the Institution and of interest for the money raised ; and the appointment of a committee of management, consisting of twenty-four of the proprietors, who were, among other things, deputed to prepare a deed of settlement, to purchase the site, to erect the building, and generally to manage all the concerns of the Institution. The committee of management went to work at once. At their first meeting they made an admirable selection for the important office of secretary in the person of Mr. Eobert Maugham, who had previously acted as secretary to the pre- liminary committee, and who continued to fill the office of secretary to the Institution until his death, in the year 1862. The estimation in which he was held, and the value of the services which he rendered, were repeatedly recognised during his term of office in resolutions of the members and in reports of the committee and Council successively; and it will not be out of place to record here the tribute paid to his memory in a report of the Council, written shortly after the close of his long and most honourable and useful life. ' The Council with deep and unaffected sorrow refer to the recent death of their old and highly valued friend, Mr. Eobert Maugham, who has filled the office of secretary to the Society from its first establishment. It is impossible for them to over- estimate the value of the services rendered to the Society, and through it to the profession at large, by their lamented friend during this long period of upwards of thirty-five years ; and they are satisfied that his indefatigable industry, his con- scientious and well-directed zeal, his good sense and sound judgment, and his uniform courtesy and kindliness of heart, have materially contributed to the welfare and success of the Society, as well as to the best interests of the profession.' E 2 4 THE INCORPOKATED LAW SOCIETY Having appointed their secretary, the committee turned their attention to the performance of the obligations which they had undertaken. And those obUgations were not light ones. The choice of a site appropriate in situation, large enough for the purpose required, and not exceeding in price the limits of an untried exchequer, was alone a matter which called for the greatest care and deliberation ; and at a general meeting of the members held in June, 1827, the committee were unable to report that they had secured a spot on which to erect the Society's building, though they had then reduced the conflicting claims of available situations to a compara- tively small number. They were, however, in a position to record at the same meeting the completion of a very important part of their labours in the shape of a carefully prepared deed of settle- ment. This deed bore date the 16th of February, 1827, and under its provisions Mr. Jonathan Brundrett of the Temple, Mr. George Frere of Lincoln's Inn, Mr. William Tooke of Gray's Inn, and Mr. Eiehard White of Essex Street, were constituted the first trustees of the Society's property. By the month of June, 1828, the committee had secured a convenient site, with a double frontage, by the purchase of two houses in Chancery Lane, a small house in the rear of them in Pope's Head Court, and another house in BeU Yard ; and the following year saw the purchase of these houses, and of another house in Bell Yard, which had been added to the number, completed, with the sanction of an Act of ParUa- ment, which it was found necessary to obtain for the purpose. The details of the plan of the building occupied a good deal of time, and its completion was delayed by exceptionally severe weather, by party wall and ancient light disputes, and other causes ; but on the 28th of June, 1831, the members of the Society had the satisfaction of holding their annual meeting, for the first time, in their own Hall. They did not fail to mark the circumstance by paying a well-earned tribute of thanks to the committee of management ' for the BALL AND LIBBARY 5 eontinued devotion of their time and attention to the affairs and interests of the Institution.' It may be well, though at some sacrifice of chronological order, to trace at this point the successive stages which have brought the Society's building to its present dimensions. The subject does not admit of attractive historical treatment, and it will suffice to notice very briefly, as landmarks in the development of the Society's influence and importance, the additions from time to time made to the original structure. The building in which the annual meeting of June, 1831, was held corresponded with the central portion of the present Institiition, and has remained substantially unaltered down to the present time. In the year 1849 a wing (contemplated by the original design) was built out on the north side, which, among other things, enabled an important addition to be made to the Library. In 1857 a corresponding wing (also contemplated by the original design) was added on the south side, by means of which the Library again materially profited, and provision was made, in the way of offices, for the despatch of the Society's business. Further acquisitions ■of property— embracing the greater part of the block of buildings lying between the Society's then existing building and Carey Street — were made between the years 1864 and 1870 ; and in the last-mentioned year a part of the property so acquired was broiTght into use by the erection upon it of a handsome Hall for examinations and lectures, and of other important additions. It is in {he nature of things that, in the process of creating and placing on a secure footing such an undertaking as this Society, it should be found impracticable to carry into effect some part of the design originally contemplated by its pro- jectors ; and, on the other hand, that in the course of time many objects and purposes, not foreseen by them, should be found to be within its reach. Both of these features have been illustrated in the Society's history ; and of the former, the Hall of the Institution furnishes a curious instance. It would hardly be guessed by any member now entering 6 THE INCOKPOEATED LAW SOCIETY the Hall that it was origimally intended to make use of it as 'an exchange to be open to attorneys, solicitors, proctors, and such principal officers, at all hours of the day ; but some particular hour to be fixed as the general time for assembling ; to be furnished with desks or inclosed tables running on each side of the room for the whole length of it, affording ' similar accommodation to those in Lloyd's Coffee House ; ' and that it was further proposed to attach to the exchange ' an ante- room for the articled and managing clerks of members, and also for other persons (not in the profession) who might have occasion to call on the members at the Institution.' That this plan was never carried out it is hardly necessary to say; nor does its rehnquishment call for any comment here. But no account of the Society's building would be complete which omitted mention of the purpose to which it was at first proposed to appropriate the great Hall. Before finally parting with the building, some mention should be made of the Society's Library. Its acquisition was one of the prominent features of the original design ; but the general funds of the Institution did not justify any outlay upon that object for several years. Meanwhile, however, the foundation had been laid by a gift from Mr. Metcalfe, an active member of the committee of management, of the whole of the public statutes at large ; and other donations of valuable books, and of money for the purchase of more, had been com- ing in steadily from Judges, members of the Bar, members of the Society, and from many others. It is strange to read now, with the present aspect of the Library in mind, tte language of congratulation in which the Committee reported in the year 1832 that upwards of 1,000 volumes had been collected. It has so increased and multiplied by means of donations and purchases since those days that the volumes at the present time exceed 35,000 in number. They are of the most valuable and varied character. To attempt any classification of them here would be quite impossible ; but it may be mentioned that the Library contains, in, addition to a vast number of law books properly so called, a very fine collection of topographical FIRST CH^iETER 7 and genealogical works, county histories and works on American, Colonial, and Foreign law, together with the best collection of private Acts of Parliament in Great Britian. To these may be added the mention of a large number of valuable ecclesiastical works, many of them being unique and of great value, which were presented to the Society a few years since. The original deed of settlement was superseded on the 22nd of December, 1831, by a Eoyal Charter, and by an elaborate series of bye-laws prepared under the authority of the Charter. The latter, which was by no means granted as of course, and was indeed obtained only after very consider- able exertion on the part of the committee, was in its turn surrendered under circumstances presently to be related. Most of the provisions of the deed of settlement were incor- porated in the Charter. The composite character of the Society's original constitu- tion — the admixture of a joint-stock share element with a system of annual subscription — arose out of the necessity for providing the means of meeting a large immediate outlay in the nature of capital. That it had no connection with a desire for personal gain is to be conclusively inferred from the fact that the number of shares to be held by any one member was rigidly limited to twenty. The services of the committee of management were, moreover, then, as are those of the Council now, given gratuitously ; and the whole character of the Institution was practically as far removed from that of a commercial speculation when it was first founded as it is at the present time. Nevertheless, it soon appeared that the joint-stock element in the enterprise was productive of many practical incon- veniences, and interfered both with the dignity and the useful- ness of the Society. These disadvantages were placed before the members in very clear and forcible terms in a report of the committee of management, presented at an annual general meeting, held on the 5th of July, 1842 ; and at a special meeting which took place shortly afterwards resolutions were passed which bad in view the remodelling of the Society's 8 THE INCORPOEATED LAW SOCIETY constitution, ' upon the principle of other professional, literary, and scientific bodies.' The principal matter for consideration was, as may be supposed, the mode of dealing with the shares. Most of these were held by members of the Society, but some of them had passed into the hands of representatives of deceased members, who occupied, under the Society's constitution, the anomalous position of not being capable of recognition as members, and yet having a certain entity which could not be disregarded ; of having an interest in the capital but not in the profits ; and of holding shares in the property of the Society, without contributing to its support. In so far as this latter class of shares was concerned, it was decided that the only practicable method of dealing with them was to get them in by purchase ; while, as to the shares of members, it was resolved that they should be given up to the Society, and that to the extent of one share of each member (which was the amount of the holding in the large majority of cases) the shares should be taken to represent the equiva- lent of an entrance fee. It was further arranged that surplus shares held by any of the members should be purchased by the Society. The scheme — although involving some slight pecuniary sacrifice — was loyally accepted by the members. The change of constitution was carried out ; the property of the Society was conveyed to trustees ; the old Charter was surrendered to the Crown, and in place of it a new one, which bears date the 26th of February, 1845, was granted, on the petition ' of our trusty and well-beloved Edward Foss and Michael Clayton.' It will be found in this volume. A fresh set of bye-laws was also framed under the powers of the new Charter. Simultaneously the committee of management ceased to exist, but only to be reconstituted under the name of the Council. Under the Charter of 1845, as amended by a supplemental Charter obtained in 1872 — also to be found in this volume, and having for its object an increase in the number of the FIEST COUNCIL 9 Council, and the creation of a system of extraordinary members of the Council selected from presidents of provincial Law Societies — the Society still remains constituted. It may not be inappropriate to mention here the names of the gentlemen who composed the Society's first Council. They were : — Michael Clayton, President. Edwabd Eowland Pickeeing, Vice-President. Samuel Amory. Benjamin Austin. Eobert Eiddell Bayley. Edward Smith Bigg. Thomas Clarke. John Coverdale. WiUiam Loxham Parrer. John Irving Gleimie. Alexander Wm. Grant. John Swarbreok Gregory. Richard Harrison. Bryan Holme. George Herbert Kinderley. Edward Lawford. William Lowe. Eobert Wheatley Lumley. Thomas Metcalfe. Edward Leigh Pemberton. John Innes Pocock. Charles Eanken. Charles Shadwell. John James Joseph Sudlow. John Teesdale. William Tooke. Eichard White. Eobert Whitmore. Edward Archer Wilde. Thomas Wing. The first published list of subscribers, which appears to have been issued simultaneously with the original Prospectus in the early part of the year 1825, shows that the scheme had at once commended itself to 223 members of the profession. By the month of May in the following year this number had swelled to 407, in which number country members figured for the first time ; and in the year 1835 the members made the goodly show, for so young a body, of 1,015. The rate of progression was continuous up to the time when the important change of constitution, which has been described, was made, and for several years afterwards ; but it naturally became much slower after the first few years of the Society's estab- lishment, and as the number of members grew larger, and the Society older, losses from death and other causes began to form an increasing item of subtraction to be set off against the addition of new members. Generally advancing, some- times standing still, and sometimes even receding, the numbers 10 THE INCOEPOEATED LAW SOCIETY have varied from year to year ; and to all who have the interest of their profession at heart it will be matter for congratula- tion that during the past twelve years the recognition of the Society's claim to support has been manifested in a degree far more marked than at any other period of its history. The Eoll of Members at the end of the year 1 897 showed a total of 7,730. In the year 1844, or thereabouts, an impression that the Society was somewhat too metropolitan in its constitution resulted in the formation of the ' Metropolitan and Provincial Law Association.' This body contained in its committee of management an equal number of London and of country solicitors ; and it was the custom of its members to hold pro- vincial meetings, at which questions involving the interests of the profession were discussed, and social gatherings of London and country members of the profession were brought about. In process of time it became manifest that the interests of the two bodies were identical, and that their efforts were directed to the same ends. And hence it fell out that after the two Societies had coexisted, on cordially amicable terms, for many years, the Metropolitan and Provincial Law Asso- ciation, which had done excellent service in its day to the profession, voluntarily resigned its name and individuality, and became merged in the Incorporated Law Society. As a natural outcome of this arrangement, the Society established a system of annual provincial meetings, corre- sponding in character with those formerly held by the Associa- tion. The first of these meetings was held on the 21st and 22nd of October, 1874, at Leeds. Similar annual provincial meetings have since been held ia most of the important local centres in England. They have in each ease been opened with an address from the President of the Society ; a number of interesting papers have been read and discussed ; and very pleasant opportunities have been afforded of bringing London solicitors into friendly contact with their professional brethren in the provinces. Enough has now been said of the Society's private con- LEGAX, EDUCATION 11 cerns, and it remains to show how far its public aims and purposes, whether contemplated by its founders or grafted in process of time on to the original design, have been fulfilled. It would not be possible within these limits to travel over all the ground which so wide a subject offers ; but some, at least, of the results which have followed from the Society's establish- inent may well be noticed, A few years after the incorporation of the Society the very important subject of legal education began to engage its special attention. At that time the acquisition of a knowledge of the principles and practice of the law by articled clerks was entirely dependent upon their individual exertions, the super- vision of their principals, and such opportunities as might chance to be within their reach of obtaining sound guidance and instruction. Nor was any other test exacted from those entermg into the profession than evidence of due service under articles, and of character. The serious evUs attending such a state of things were manifest ; and in the year 1833 the Society took the first active step towards the removal of a grave reproach by providing for the delivery of lectures on the different branches of common law, equity, and conveyancing. The institution of lectures was quickly followed up in the year 1836 by the very important measure of obtaining, from the Judges, with whom exclusively the matter rested, a recog- nition of the obvious fact that it was expedient to examine candidates for admission as attorneys and solicitors as to their knowledge of the law and of the practice of the Courts. Effect was given to this view by rules of Court, under which twelve of the senior members of the committee of manage- ment were appointed, jointly with the masters and prothono- taries of the Superior Courts, to be the examiners. The stamp of the Society's connection with the examinations was, at the same time, effectually set upon them by the selection of the Hall of the Institution as a 'fit and convenient place ' in which to hold them. The first examination was held in Michaelmas Term, 1836. It was of a purely qualifying character, and could result in 12 THE IXCOIiPOEATED LAAV SOCIETY 910 individual distinction. The examination has been supple- mented by a separate examination designed for the special encouragement of those who seek to attain a high standard ■oi merit, and not merely to qualify themselves for admission. Prizes have, moreover, been instituted by the Society, and by public bodies and individuals interested in the cause of legal education ; and a system of certificates of merit has been -established. Among the prizes special interest attaches to an important one founded by Miss Ellen Eeardon, in memory of iher father, the late Mr. Daniel Eeardon, who was a member •of the original committee. Again : two other examinations of great importance have been established — the Preliminary Examination, to test the articled clerk's competence in general education for entry into a profession calling for many and varied attainments ; and the Intermediate Examination, to act as a stimulus to the profitable use of the earlier portion of the time of service under articles. In the year 1877 the Act was passed which emancipated the profession from external interference with this most im- portant branch of its affairs. The entire practical control of the Preliminary, Intermediate, and Final Examinations was, by that Act, placed — not merely as a permissive, but as a ■compulsory, matter — in the hands of the Incorporated Law Society, which thus acquired as of right that which it had •only before enjoyed (and that in a partial degree) by the favour of the Judges. An ' Examination Committee ' of rthe Council was appointed on the passing of this Act, and they have been actively engaged in organising and super- vising the working of the system which it inaugurated. The Council have, in exercise of the power given to them by the Act, appointed a staff of paid assistant examiners^ all of whom have been selected from among practising members ■oi the profession — to aid them in the conduct of the examina- tions, and have also effected the improvements in the scheme of the Final Examination, of which detailed particulars will •be found in this volume. LEGAL EDUCATION 13 While there is every cause for rejoicing in this great step of advancement, it is only just to add that, under the old order of things, the Judges displayed on all occasions a cordial desire to meet the views of the Society upon questions connected with the examinations, and to place the control of them, as far as possible, in the hands of those whom they saw to be the best fitted to exercise it. To the efforts of the Society are due all the steps by which these examinations have increased in importance, in efficiency, and in the essential feature of being under the direct control of the Council ; and in particular, the very important Act of 1877 originated with, and was prepared and promoted by, the Society. The system of lectures — commenced, as already stated, in the year 1883 — was, in the year 1864, supplemented by law classes, to which, in 1879, were added elementary classes for the benefit of articled clerks who had not passed their Inter- mediate Examination. In 1892 the then existing system was abolished, and the present system of instruction by tutors was established. Articled clerks may now also attend the lectures and classes, given or held in connection with the Inns of Court, under the direction of the Council of Legal Education. In concluding these observations upon the Society's educational work it may be pointed out that the example set by solicitors, of establishing an efficient system of exam- inations and lectures, led to the adoption of like measures by the Inns of Court ; and that the benefit of this great step of educational advancement was thus extended to both branches of the profession. Nor can it be doubted that to the community at large an important gain must accrue from so marked an improvement in the course of study of those preparing for active practice in the legal profession. Another subject closely identified with the Society's public history is that of the legislation specially affecting solicitors. This was, at the time of the Society's institution, to be 14 THE INCORPOEATED LAW SOCIETY found in Acts and parts of Acts numbering in all nearly seventy, and extending back in date to the reign of Henry III. It may readily, therefore, be supposed that there was urgent need for consolidation and improvement ; and, on the other hand, that the task of placing matters on a satisfactory footing was not an easy one to face. It was, however, undertaken not long after the Society had been securely established ; and in the year 1839 the stage had been reached of preparing and submitting to the Master of the Eolls an outline of a consolidating Act. From that time, until the passing of the Act in the year 1843, the committee laboured without intermission to make it an effective piece of legislation. Special interest attaches also, for members of the Society, to the Solicitors Act, 1843, from the circumstance of its being the first public Act of Parliament in which the Society is re- ferred to by name, and its representative capacity recognised, and that, too, in a most important way. The 21st Section of the Act created the office of Registrar of Attorneys and Solicitors, and deputed the duties of the office to the Society. The Solicitors Act of 1843 has been followed by those of 1860, of 1870, of 1874, of 1877, of 1881, of 1888, and of 1894. In the promotion of all these Acts the Society took a leading part. The Act of 1860 was of the Society's own preparation ; that of 1870 (though its efficiency was very considerably im- paired by alterations made in the course of the passage of the Bill through Parhament) followed the lines of a Bill intro- duced into the House of Lords, a few years previously, at the instance of the Society, which had then been lost by a small majority on the second reading ; while in the Act of 1874 the Society obtained a further practical recognition of its repre- sentative character, in the provision that notice should be given to it of all applications made for the removal of the names of attorneys and solicitors from the Roll, and that it should be at liberty to appear and be heard ou such applica- tions. DISCIPLINE ] S Of the Act of 1877, in so far as it relates to the subject of examinations, mention has already been made ; but it may be pointed out that by this same Act following the Public Worship Act, 1874, a right to practise before Ecclesiastical tribunals is finally secured to solicitors. The passing of the Act was largely due to the unsparing and influential exertions of the late Mr. Francis Thomas Bircham, whose assistance was most valuable in advancing the progress of the measure through Parliament, and who was ably seconded by the late Mr. Edward Frederick Burton, at the tmie Vice- President of the Society. Prior to the SoUcitors Act, 1888, it was the practice of the Court on an application being made to strike a solicitor off the EoU on the ground of misconduct, or to compel him to answer matters contained in an af&davit, to refer the whole matter, if the facts were disputed, to one of the Masters of the Court, who was directed to receive evidence on oath and to report his findings to the Court. When the Master made his report the matter came again before the Court, and in the event of the report being adverse to the solicitor it frequently happened that the case was argued again on practically the same materials as were before the Court when the matter was referred. For a long time the Council had felt that this procedure might be simplified and improved, and they adopted a sugges- tion made by Mr. E. W. Williamson, the Secretary of the Society, that it was fitting that the Society should become the recognised authority for inquiring into and reporting to the Court in reference to charges of misconduct brought against solicitors, and should have delegated to it the powers then exercised by a Master of the Court. The suggestion was embodied in a paper read by Sir Henry Watson Parker at the Annual ProAdncial Meeting in 1887, and again in a paper read by Mr. Benjamin Greene Lake at the Annual Provincial ]\Ieeting in 1888. An opportunity of putting forward the Council's views soon occurred, in consequence of the death of Mr, Murray, the 16 THE INCORPOKATED LAAV SOCIETY clerk to the Petty Bag Office, in the year 1888, which rendered legislation necessary for the purpose of providing for the custody of the Eoll of Solicitors. After many communications with Lord Esher, the Master of the EoUs, who was good enough to take great interest in the subject and devoted much time to it, a Bill was prepared, after consultation with the Lord Chancellor and the other Judges, which the Master of the Rolls introduced into the House of Lords. The Bill passed through the various stages in both Houses of Parliament, and received the Eoyal assent on the 24th of December, 1888. By this Act the custody of the EoU of Sohcitors is given to the Society, and the registration of articles of clerkship, the admission and readmission of solicitors, the renewal of their certificates, and matters of this character which had pre- viously formed part of the business transacted in the Petty Bag Office, are now, subject in some respects to an appeal to the Master of the Eolls, intrusted to this Society. This change has resulted in considerable benefit to the public and to the profession. Provisions are contained in the Act for the appointment of a committee composed of members of the Council, to receive and report upon all applications affecting the conduct of sohcitors, and rules have been sanctioned by the proper authorities for regulating the procedure of the committee, which are contained in another part of this book. The first committee appointed under the Act consisted of the following Members of the Council : — Mr. Benjamin Greene Lake (Chairman). Mr. E. J. Bristow. Mr. Henry Markby. Sir Thomas Paine. Sir Henry Watson Parker. Mr. Cornelius Thomas Saunders. Mr. William Williams. To the ' Solicitors Acts,' technically so called, must now be added the very important Solicitors' Eemuneration Act 1881, in obtaining which the Society bore a conspicuous part. INFLUENCE ON LEGISLATION 17 The influence brought to bear by the Society upon the statutes directly affecting the profession has by no means been confined to legislation exclusively relating to solicitors. Every available opportunity has been taken of obtaining the introduction into current legislation of provisions furthering the just advancement and protecting the interests of solicitors as a class. The pages of the Statute Book bear witness to the fruit of these exertions. A right to practise in the Probate and Divorce Court, the Ecclesiastical Courts, and the Admiralty Court, and a right of audience in the Bankruptcy Division, have been secured ; the anomaly which allowed a solicitor to sit in the House of Commons, and to be a Justice of the Peace for a borough, but precluded him from being a Justice of the Peace for counties, has been, in part, swept away ; and many other advantages have been won. And in the way of protective legislation the Society has originated some, improved others, and supported all of the restrictions which have been from time to time imposed on attempts by unqualified persons to trespass on the hardly earned privileges of the profession. Closely connected with the subject of what may be termed legislation of a professional character, is that of the Society's operations in the same direction out of Parliament. Its attention has been at all times directed to the protection of the interests of the profession, in matters so various and com- plex as to defy any comprehensive definition. Turning over the chronicles of the past fifty years, we find the first illustra- tion of this branch of the Society's operations as far back as the year 1832, when a notice was given, at a general meeting of the members, of an intention to move a resolution as to a disputed question of the right of a solicitor of the Court of Chancery to practise, without further admission, in the Court of Exchequer. Again, in the records of the year 1834 the first mention is to be found of the Society's action in upholding the discipline and guarding the good name of the profession, by taking steps to secure the closing of its ranks against those 18 THE INCOKPOEATED LAW SOCIETY who were, in the Society's judgment, not fitted to enter them, and the total or temporary expulsion of those who, having gained admission, by their unworthy acts tarnished the honour of the general body of its members. The investigation, already refeirred to, of cases of mal- practice, varying in degree and kind, has ever since formed a most necessary and important — but by far the most painful — duty of the committee and Council in succession. While it is eminently desirable that the honour of the profession should be jealously maintained, it is equally impodiant that the Society should not be made use of as a mere instrument for private revenge, or for the recovery of money ; nor its process called into action unless when sufficient cause for judicial inquiry is established. To mention in detail all, or many, of the various matters relating to the profession, which have at different times occupied the Society's attention, would be impossible vrithout filling this volume. Nor would the result be adequate to the labour bestowed upon the task. Many and great changes have passed over the heads of even the present generation of lawyers ; and efforts of the Society directed to remedy some grievance, or effect some improvement, for the benefit of the profession, under a given state of law and practice, have passed into oblivion with the law and practice in which they were bound up. But to sum up in general terms a few of the leading subjects among the multitude of those which have engaged the Society's attention, as touching, nearly, the interests of solicitors, it may be said that when rules or regulations have come into force, by which unnecessary obstruction or oppression has been laid upon solicitors in carrying on the work of their profession ; when the conduct of business has been impeded, to the prejudice of suitors and solicitors aUke, by delays capable of remedial measures ; when claims unjust to solicitors have been asserted on behalf of the Bar ; when a chance has presented itself of improving the ill-adapted system of solicitors' remuneration ; when advice LAW COFETS 19 has been needed, by any member of the profession, upon a pomt of etiquette or difficulty : under all these, and many other circumstances, the Society has laboured for the benefit of the general body. Success may not always have crowned its efforts ; discouragements have not been wanting ; but much has been done, and much, too, has been striven for, which, if it has not yet borne fruit, has paved the way for future results. Before turning to the last subject remaining for notice — the Society's operations in connection with the general law of the land — reference must be made to the movement which has resulted in the consolidation of the Courts of Law, as being a matter which stands out, as it were, midway between the Society's labours for the benefit of the profession and in the cause of Law Reform. For forty years the Society agitated, without ceasing, for this object. The committee commenced to move in the matter in the year 1835 by pointing out to various eminent legal personages the inconveniences both of the situation and construction of the Courts at Westimnster, and by suggest- ing the removal of the Courts to the neighbourhood of Lincoln's Inn. That scant encouragement attended this opening effort may be gathered from the fact that the com- mittee were induced, for the time being, to come to the conclusion that ' insuperable difficulties ' were likely to arise and that it was not advisable to make any formal application on the subject to the proper authorities. In the following year the committee presented a petition to both Houses of Parliament, and addressed several members of Parliament individually on the subject. They found, however, such a general indisposition to adopt their views that they were fain to relinquish the plan for a while. In the course of four years from that time public and professional opinion had gradually matured in favour of the removal of the Courts, and the committee found themselves able to make soUd progress towards the attainment of their 2 20 THE INCOEPOEATED LAW SOCIETY desire. It is a strange and instructive commentary upon the rapid progress wliich the subject made at that period, and the hindrances by which it was afterwards surrounded, that so long ago as the year 1840 a petition in favour of the scheme, signed in a very short space of time by upwards of 1,500 of the most influential solicitors practising in the Metropolis, and a similar petition under the Society's seal, were presented to both Houses of Parliament — the former by the Lord Chancellor and the Attorney-General, and the latter by the Earl of Devon and the Solicitor-General ; that petitions of other Law Societies came flowing in from all parts of the country ; that a deputation on the subject from the Society was very favourably received by the Lord Chancellor and the Attorney- General ; and that a plan and elevation of the proposed new Courts — prepared on the assumption of their being erected in Lincoln's Inn Fields — were actually made by Mr, Barry, submitted to the Judges, and exhibited in the Society's Hall. In the year 1841 a select committee of the -House of Commons was appointed to consider the matter, and a number of witnesses, comprising judges, counsel, solicitors, officers of the Courts, and others, were examined. The labours of the committee ended in the year 1842 ; and the evidence was then ordered to be printed. The committee expressed no opinion on the evidence ; but none was in fact needed, for the whole body of testimony was in favour of the concentra- tion of the Courts and offices on one site. In February, 1843, a special general meeting of the Society was held ' to receive a report of proceedings relative to the removal of the Courts from Westminster, and to consider what further steps should be taken therein.' A fresh peti- tion to the Houses of Parliament, in which the result of the evidence taken by the committee, and the grounds in support of the proposed removal, were most exhaustively stated, was agreed on at that meeting. The petition refers to a ' feeling existing in some minds in favour of the locality of West- minster Hall arising from old associations,' as if there were LAAV COURTS 21 no other obstacle in the way of a change the desirability of which had been proved to demonstration ; but the petitioners soon discovered their mistake, and found that the goal which they had supposed to be in full view was still far distant. The next year showed an ominous falling off in the hope- fulness which had before marked the agitation. The com- mittee were obliged to admit that ' they could not pretend to say that they had received much encouragement.' But in 1846 they were able to report that the select committee had been revived, and had received further evidence which comprised the suggestion of a new site ' situate west of the Institution, and extending from Carey Street to the Strand.' The Society came to the conclusion that the spot so sug- gested was, upon the whole, the most desirable for the purpose in the interests both of the public and the profession. From that view they never swerved ; the site to which they then pinned their faith was ultimately chosen ; but not until after a further and sustained agitation, extending over a period of twenty-four years. During the whole of that time the Society left no stone unturned to bring the matter to a satisfactory issue. They petitioned ; they went in deputation ; they made suggestions ; they pointed the way out of innumerable real and imaginary difficulties which were raised ; they combated opposition, disinclination, and indifference ; they roused other forces to action to support their own ; and finally, in the year 1869, they imdertook the whole burden of a severe and ex- pensive contest before a select committee of the House of Commons as to the relative merits of the Carey Street site, and of a site on the Thames Embankment, which was sug- gested and vigorously supported after the Acts of Parliament for acquiring the Carey Street site had been passed, the land purchased, the site partially cleared, and the architect's design for the building on that site selected. Even then the struggle was not over ; for fresh delays took place, and in the year 1873 — eight years after the passing of the Acts for the acquisition of the site and for providing the cost of the 22 THE INCORPOEATED LAW SOCIETY buildings— the Council bad tbe mortification of reporting tbat ' the matter remained in complete abeyance." In tbe following year, bowever, tbe Council were at last able to state tbat tbe buildings were in active progress; and it is now matter of history that tbe Courts were opened by tbe Queen in person on tbe 4tb of December, 1882. A loyal address was presented to Her Majesty on tbe occasion, and the President, Mr. Thomas Paine, received tbe honour of knighthood. An honour of a like character was conferred on Mr. Henry Watson Parker, the President of 1887, being the 50th anniversary of Her Majesty's accession to tbe throne. It should be added that tbe President for the time being of this Society, together with Mr. John Young and Mr. Cookson, members of tbe Council, were nominated as members of the Eoyal Commission appointed for carrying into effect the Act for tbe concentration of the Courts ; and tbat among many who rendered assistance to tbe Society in connection with that measure, the late Mr. Edwin Wilkins Field was specially distinguished by his devotion to the cause. A statue of Mr. Field by Mr. Thomas Woolner has been placed in the Royal Courts of Justice. We now reach tbe last subject of review in tbe Society's history — its work in the field of Law Reform generally. We find in the year 1835 the first record of tbe Society's action in connection with legislation not exclusively affecting the profession, in the shape of the introduction into the Annual Report of a laconic sentence stating that the Committee had taken into consideration several Bills before Parliament ' relating to the law ' ; and in the same paragraph of that Report the warm acknowledgments of the Committee were expressed to Mr. Tooke, one of its most active members, who had a seat in Parliament at the time, for bis able and zealous assistance. No bills are mentioned by name in the report of 1835 ; but this branch of the Society's functions, which from that time rapidly increased in importance, soon began to occupy LAW REFOEM -23 the foremost place in the Annual Eeports ; and the con- sideration of current Bills in Parliament, whether affecting the principles or the practice of the general law, has long been a special feature of the Society's worL The operations of the Society in this respect have, foi' the most part, been confined to measures for the introduction of which it has not been directly responsible. In a few exceptional instances only has it initiated legislation of a character not directly affecting the profession. The reason for. this is obvious. Had the Society attempted to take upon itself the burden of originating Law Eeforms, in the wider sense of the expression, it would soon have been compelled to make every other part of its duties subservient to that one engrossing labour, for which it was not created, and for which its multifarious and ever-increasing obligations to the profession rendered it unfitted. But this reasoning has no bearing on the application by the Society to measures iniro- •duced, or proposed to be introduced, into Parliament, of its criticisms, suggestions, support, or opposition. The most cursory glance over the public statutes of the last sixty years, and the orders and rules which have fol- lowed in then* wake, will sufiice to show that the exhaustive consideration of current measures, and the prepaj»tion of practical criticisms and suggestions, have represented no mean expenditure of labour. The Society's existence has been passed in stirring legal times, and its attention has been turned to a succession of vast changes in every department of our system of law- The Common Law and Chancery Pro- cedure Acts, the Comity Courts Acts, the Bankruptcy Acts, the Judicature Acts, the Conveyancing Acts, the Settled Laaid Acts : these, and many hundreds of other statutes only secondary in importance to them, have come under its con- sideration. Nor must it be forgotten that the Society has been represented conspicuously upon the Royal Commissions, which have preceded nearly all of these great legislative efforts, by members of its body appointed to take part in th^ deliberations of those Commissions. 24 THE INCORPORATED LAW SOCIETY It has often been asserted, most unjustly, that the attitude of the profession to proposals of Law Eeform has been that of at least passive resistance, and that anomalies and inequalities which could not logically be defended have been allowed to survive for no better reason than that legal practitioners were interested in keeping them alive. The imputation — based as it is on a transparent fallacy — scarcely requires serious contradiction, but its want of foundation has never perhaps more conspicuously been illustrated than in the case of the Conveyancing Acts. It may be recorded in these pages with legitimate pride, that the great changes both in principle and practice effected by those measures were modelled upon views of which the first public expression emanated from a member of the Society. Mr. Nathaniel Tertius Lawrence, the then President, propounded in an exhaustive address upon this subject, delivered by him at Cambridge in 1879, a scheme for the amendment of the Law of Real Property ; and in this address a series of recommen- dations were made, of which a large number were adopted and substantially carried out by the Legislature. It may be added that at every stage the Society lent their active co-operation to those who were responsible for the framing and conduct of the Bills. Neither should it be lost sight of that two important Acts passed in 1888, viz. : The Trustee Act, and the Land Charges Registration and Searches Act, were prepared and promoted in Parliament by this Society But a survey only of the field of legislation which has actually come to pass does not exhaust the subject. Between a Bill in Parliament and an Act of Parliament there is a wide gulf. The projects of Law Eeform are not confined to well- considered Government measures, backed up by public opinion, and frequently matured beforehand with the aid of distinguished jurists. All sorts of visionary schemes are ' reduced into writing ' and submitted for Parliamentary sanction. Many measures which would involve consequences of the gravest importance are brought forward on the respon- EETEOSPECT 25 sibility of individual members, and need close and careful ■watching, lest, in the hurry of modern legislation, they should slip through Parliament without any sufficient consideration of all that lies behind them ; and many measures introduced by the Government for the time being, or with its approval^ are brought to an untimely end by the pressure of other pubUc business, or by the fate which sooner or later attends all Governments. In short, to measure by the Statute Book alone the Parliamentary past of the Society's work is to leave- out of account altogether one of the principal factors in the calculation. There is much in the past of which the Society may be justly proud ; but, after all, the main practical usefulness of- the past is to point a moral for the present and the future. It is never permitted to such a body to rest and be thankful.- Its labours and responsibilities multiply in a corresponding ratio to the increase of its influence and importance ; and, if any proof of this self-evident fact were needed, one glance at the comparative bulk of the records of the Society's work in. the earher and the more recent years of its existence, and even of the work of ten years ago and of to-day, would alone^ supply it. To societies of this character applies with as much truth as to individuals the old adage Qui cessat esse melior cessat esse bonus ; and it may be that, if this chapter be taken up by a historian writing on the same subject fifty years hence, it will be used mainly to illustrate the magnitude of the strides taken in the interval. The Incorporated Law Society must ever aspire to be a faithful leader and true- reflex of enUghtened views, and a watchful guardian alike of the honour and of the best interests of a learned profession- It can only fulfil the task with effect, and raise its voice witht authority, if it is heartily supported on all sides by those whose cause it represents and advocates. And it will be a matter for sincere gratification to every member of the Society, if this record of the .past, and the reflections which- these pages may suggest as to the field of useful and honour- able work which may lie before the Society in the future,. 26 THE INCOBPOEATED LAW SOCIETY should lead members (and especially country members) of the profession who have not yet joined the Society's ranks to realise that there are higher and larger considerations involved in doing so than any question of the mere personal conveni- ences of membership. 27 HISTOEY OF THE PEOFESSION OF ATTOENEY AND SOLICITOE AMD AK ACCOUNT OF THE STEPS NECESSARY TO OBTAIN ADMISSION AS A SOLICITOR The word attorney signifies any one who acts in the turn or place of another : and as a person may depute to another any- thing which he may lawfully do himself, it is clear, at any rate, that attorneys, that is, those authorised by a special power of attorney to execute a deed or do any other act of a similar character for another, must have existed from a very remote period. The mode of appointment of this class of attorneys is the same now as it was centuries ago. Attomeys-at-Law, whose business was to represent plain- tiffs or defendants in suits or actions, are of more recent origin. At one time they were not recognised in the Courts, at aU events in the earlier stages of the proceedings, inasmuch as up to the 13th century it was necessary that suitors should appear in person. After a suitor had, however, appeared, he could then be represented by an attorney-at-law, who was appointed for that purpose by Letters Patent under the Great Seal, or by Parliament. This mode of appointment was too cumbrous and expensive to last long. It also gave rise to much delay and inconvenience, because until a suitor 28 HISTOEY OP THE PEOFESSION had an attorney assigned to him he was compelled to appear in person each day during -which his suit was pending. To remedy this evil, an Act was passed (20 Hen. III., c. 10) which provided that any freeman who was a suitor might appoint an attorney to conduct his suits for him. The neces- sity for a special authority having been dispensed with in civil actions, it was also gradually done away with in other cases, imtil the law became what it is at the present day. The principal Acts passed for this purpose besides the one already quoted are those of 3 Edw. I., c. 42, 6 Edw. I., c. 8, and 13 Edw. I., c. 10. Up to and for some time after the period during which attorneys had to be specially appointed by Letters Patent or by Parliament, infants or idiots could not appear by attorney. Infants, being under age, had no power to appoint an attorney, and were therefore compelled to appear by guardians. Idiots- had to appear in person. Corporations could not appear except by an attorney appointed under their Common Seal. The profession of solicitor appears to have been inferior to that of attorney, and of later date. This inferiority appears to have continued until the 17th century, as in 1654 it was provided by a Eule of Court that no person should be admitted as an attorney unless he had practised for five years in the Courts as a common solicitor. The business of solicitors at first consisted in the superin- tendence of the legal affairs of others, but, unlike attorneys, they had no power to bind their principals. In later times, however, they had the conduct of all matters in Chancery, and as the business of that Court increased, and as the two professions were latterly generally united in the same indivi- dual, the term solicitor gradually came to supersede that of attorney, until by the Judicature Act, 1878, the latter term was entirely abolished. Up to that time, however, the prac- titioners in the Courts of Common Law were invariably styled attorneys. Long after the right to appear by attorney had been EDUCATION 29 recognised by the law, there existed no regulation as to their admission, but a discretionary power appears to have been vested in the Chief Officers of the Courts to appoint proper persons to be attorneys. Some regulations as to their qualifications are contained in the ' Mirrour of Justice,' and 20 Edw. I. empowers the Justices to select from every County a number of attorneys and apprentices, the best and most apt for their learning and skill, to do service in the Courts. Even so early as the 14th century it would seem that the profession was overcrowded, and for the purpose of preventing its increase the Barons of the Exchequer were restrained (15 Edw. II., c. 1) from admitting attorneys except in pleas before them, and their clerks and servants (who appear to have exercised the power of admission) were also prohibited from admitting attorneys, that power being re- served to the Chancellor and the Chief Justices. Notwithstanding the above enactment, the profession continued to increase, but the standard of its education does not seem to have kept pace with its growth in numbers, if any faith can be placed in the preamble to Act i Henry IV., c. 18, which recites that sundry damages had ensued to persons by the great number of attorneys ' ignorant of the law and not learned as they were wont to be before that time.' With the view of remedying this state of things, the Act provided that attorneys should be examined by the Justices, and that they that were good and virtuous and of good fame should be received and sworn well and truly to serve in their offices, and that their names should be placed on a EoU. On the other hand, those attorneys who were not good and virtuous and of good fame were to be excluded from the profession, and any found in default were for ever after to be prevented from practising. Whether the Judges performed the duties required of them by the statute does not appear, but fifty years later the complaints against the great increase in the number of attorneys continued. To check this increase (which was 30 HISTORY OF THE PEOFESSIOX considered a great evil) an Act (33 Henry YI., c. 7) was passed, -whicb, after reciting that the number of attorneys- was too great, and that it was their practice to stir up suits for their own profit, enacted that from that date there should only be six attorneys in Norfolk, six in Suffolk, and two in the City of Norwich. How any alarming increase in the number of attorneys could have taken place in the face of such a restriction does not appear. In addition to the special restraints by Acts of Parliament, it was the custom of the Courts to admit only a certain number of attorneys annually, and this continued at all events down to the Act 2 Geo. II., c. 23, which provided that nothing in that Act should be construed to extend or authorise the admission or enrolment of any greater number than ancient usage or custom allowed. The first statute which had reference to the government of solicitors was 8 James I., c. 7. It recites that through the abuse of sundry attorneys and solicitors by charging their clients ■ndth excessive fees and other unnecessary demands, the clients had grown to be overburdened, and the practice of the just and honest Serjeants and councillors at law was much hindered, and that such attorneys and solicitors for their own profit were in the habit of delaying suits to an extraordinary degree. The statute, therefore, provided that none should be admitted attorneys or sohcitors except those brought up in the Courts in vihich they wished to practise, or otherwise well practised in the soliciting of causes, and who had been found by their dealings to be skilful and honest. It also provided that attorneys and solicitors should not be allowed any fees laid out for counsel unless they produced receipts for them. They were also compelled to- deliver bills to their clients under their hands before requiring payment, and if they delayed their clients' suits for gain, or demanded more than their proper fees and disbursements, the clients were empowered to recover costs and treble damages, and the attorneys and solicitors were for ever after disabled from practising. EXAMINATIO-NS 31 The Act imposed a penalty of £20 on any attorney or solicitor who allowed his name to be used by an unqualified person in conducting cases, and a like penalty on the un- qualified person. In 1654 it was provided by a Rule of the Supreme Court at Westminster, that none should be admitted an attorney unless, as previously mentioned, he had practised five years as a common solicitor in Court, or had served five years as a clerk to some Judge, serjeant-at-law, barrister, attorney, clerk, or other officer of the Court ; and who, on examination, should be found of good ability and honesty for such employment, and that the Court should once in every year nominate twelve or more able and credible practisers to examine such persons as desired to be admitted attorneys, and to appoint convenient times and places for their examina- tion, and that persons desirous of being admitted should first attend with their proofs of service, and then repair to the persons appointed to examine them, and on being- approved to present themselves to the Court to be sworn. In the 17th century all attorneys were obliged to be members of one of the Inns of Court or Chancery, and had to be in commons every term. This was required by Rules of the Supreme Courts in 1654, 1677, and 1684, and was intended for the purpose of bringing attorneys together and thus facilitate the transaction of business. In 1704 all the Courts of Common Law ordered that all attorneys not already admitted into one of the Inns of Court or Chancery should procure themselves to be so admitted, and that from that date no person should be sworn an attorney, or admitted, unless he was admitted a member of one of such Inns, such admission to be verified by a certificate signed by the Treasurer or Principal of the Inn. The Inns of Court and Chancery did not, however, enforce this regulation ; and in fact, from about the beginning of the present century, the fom- Great Inns of Court have excluded those whose names are on the roll of attorneys and solicitors, or those who are articled to them, from being members of their societies. 32 HISTOKY OF THE PEOFESSIOX The first statute which required service under Articles was 2 Geo. II., e. 23. It also provided that the Judges, before they admitted any person to take the oath required by the Act, should examine and inquire, by such ways and means as ihey thought proper, touching his fitness and capacity to act as an attorney or solicitor. It also provided that an attorney should not have more than two articled clerks ; and this is the law up to the present day. This Act also provided for the delivery of a signed bill one month before it could be sued on, and for taxation in the meantime ; and that if more than a sixth were taxed off, the soUcitor should pay the costs of taxation. On admission, the Judges were authorised to take a fee of one shilling only, and they were to deliver a certificate of admission, written on parchment, bearing a treble forty- ■ehilling stamp. The Judges, by Eules of Trinity Term, 1791, and Trinity Term, 1793, made regulations under which applicants for admission were required to give a term's notice thereof in various public places, such as the Courts, the Judges' Cham- bers, and the Law Offices. Under these regulations, the several Law Societies and other persons interested in the subject, both in town and country, were enabled to make inquiries into the character and conduct of the applicants, and to submit any objections against them to the considera- - iiion of the Judges. For this purpose it was the practice to «nter a caveat at the Judge's chambers, whereupon notice was given, and the case heard before a Judge. This practice is in substance continued through the Law Society, subject to appeal to the Master of the Rolls. No regular examination took place before any of the ■Judges, either of the Common Law Courts or in Chancery, as to the fitness or capacity of the applicant to discharge the ■duty of an attorney or solicitor ; the intermittent and informal examinations which took place extended to little more than questions as to character and service under articles. Up to the year 1833 there appears to have been no means EXAjnNATIONS 33 Iby which an articled clerk could acquire a knowledge of the laws which he was subsequently to assist in administering, except what he could learn in his master's office. In order to remedy this evil, the Law Society instituted lectures in 1833 in the various branches of the law, which have now been superseded by a system of classes, and postal instruction conducted by tutors. Prior to the year 1886 there were no requirements as to the passing of a formal examination, by persons seeking admission, and the Law Society, feeling strongly that in order to induce articled clerks to acquire a sound knowledge of the laws it was essential that they should be required to pass an examination at the termination of their articles, presented a memorial in the year 1835 to the Master of the EoUs and the other Judges, urging upon them the necessity for such an examination. After many interviews with the Judges, Kules of Court were made in 1836, under which persons applying for admission as attorneys were required to pass an examina- tion ; and for this purpose the Judges appointed 16 Members of the Council of the Law Society, together with certain officers of the Court, to superintend the examinations, which were held in the Hall of the Society for the first time in 1836. In 1837, the Master of the Eolls made a similar order for the examination in Equity of solicitors. The examination in that subject took place at the Eolls House instead of at the Hall of the Law Society, and it was held in the presence of one of the Masters in Chancery and one of the sworn Clerks of the Court. Testimonials as to due service were, however, required to be left with the Secretary of the Law Society in the same manner as for the examination of attorneys. In 1843 the Act 6 & 7 Vic, cap. 73, was passed, which empowered the Judges to make regulations for the conduct of the examinations ; and the Master of the Eolls in 1844, and the Judges in 1846, made regulations as to the conduct of the examinations ; and for this purpose they were in the habit of appointing 16 Members of the Council, together with certain officers of the Court. This Act contained provisions as to D 34 HISTORY OF THE PEOFESSION service under articles and regulations as to admission. It appointed the Law Society Eegistrar of Solicitors, with power to keep a EoU of and grant certificates to solicitors. The Act also provided for the taxation of bills of costs, and the punishment of unquaUfied persons acting as attorneys or solicitors. In 1853 the regulations as to the examinations in common law and equity were consolidated. Up to that time fifteen questions were set in each of the following subjects, viz. : common law, equity, conveyancing, bankruptcy, criminal law, and proceedings before magistrates : and candidates were required to pass in common law, and equity, and in one of the other subjects. At that date the Law Society came to the conclusion that, having regard to the great importance to the community that solicitors should be well acquainted with conveyancing, and the law of real property, that branch was made an essential subject. This regulation shows that at that time conveyancing formed one of the principal branches of a sohcitor's business ; but, at an earlier period, this was not so, that work being for the most part done by barristers and certificated conveyancers, and to some extent by scriveners. In some of the old text-books on conveyancing, the practice of persons other than barristers preparing conveyances is severely censured. The examination in bankruptcy, criminal law, and pro- ceedings before magistrates, was continued. It was, how- ever, not necessary that these subjects should be taken up ; but candidates who answered questions in them had the advantage of the marks obtained. This regulation has con- tinued in force up to the present time ; but the Council have recently rearranged the subjects for the final examination, as to which details are. given on page 179. On the 8th of April, 1846, a select committee of the House of Commons was appointed to inquire into the state of Legal Education. The committee made its report in August, 1846, which extended over 400 folio pages. It recommended that a strui- PRELIMINARY EXAMINATION 35 gent examination should be required in general knowledge previous to apprenticeship ; that this examination should embrace, in addition to the so-called commercial education, a competent knowledge of at least Latin, geography, history, and the elements of arithmetic and ethics, and one or more of the modern languages. The committee also recommended that, for the further education of solicitors, it would be highly desirable that they should attend lectures and classes in the Inns of Court, and also others of a nature more special to their own branch of the profession in the Law Societies of which they might happen to be members, and that the final examination should be conducted more in reference to general principles than the technicahties of the Law. In 1854 the Law Society, with the view of carrying the recommendations contained in the report into effect, and for the purpose of maintaining the position of solicitors amongst the other learned professions, took steps towards the estab- lishment of a Preliminary Examination in general knowledge. The Society felt that, as solicitors have to advise clients in all ranks of society, from the highest to the lowest, on all sorts of questions, some of them of the most delicate nature, it was obvious that their efficiency and usefulness would be much increased if their general as well as legal attaumients were such as to command respect and attention. It would also be for the benefit of the public at large that solicitors should not only possess professional skill, but also those advantages^which science, literature, and languages are calcu- lated to confer. The Society therefore strongly urged the establishment of an examination in science, literature, and the classics. They were not successful at first, but they con- tinued their efforts, and in the end they succeeded in obtaining the Act 28 & 24 Vic, cap. 127, under which an examination in general knowledge prior to entering into articles of clerkship was authorised to be held. Up to the year 1860 the Final Examination only was required to be passed, but under the Act of that year an D 2 36 HISTORY OF THE PBOFESSION Intermediate Examination was held as well as the Preliminary Examination. The Intermediate Examination was instituted for the purpose of testing the progress in the acquisition of legal knowledge made by articled clerks during their articles. Since that time the Solicitors Act, 1877 (40 & 41 Vic, cap. 25), has been passed, and under it the conduct of the examinations is vested in the Incorporated Law Society. The Act made no alteration in the number or character of the examinations. In 1879 another examination was established, viz. the Honours Examination, at which prizes and certificates of merit are awarded to successful candidates under certain con- ditions. Every person seeking admission as a solicitor is required to pass the Preliminary Examination (unless exempted there- from), the Intermediate Examination (unless exempted there- from), and the Final Examination (except in the ease of a Colonial attorney of seven years' standing). Under the provisions of the Solicitors Act of 1877, the Lord Chief Justice and the Master of the Rolls have power to exempt from the Preliminary Examination, but it has been intimated to the Law Society that orders for exemption will be granted only in very special circumstances. The Lord Chief Justice and the Master of the Rolls for- ward, it is believed, nearly all applications for exemption to the Law Society for consideration, and it is gratifying to be able to state that in the great majority of cases the orders made are in accordance with the recommendation of the Council. The rule by which the Council is guided in arriving at these recommendations is that no person shall be allowed to enter the profession without having passed the Preliminary Examination, or some examination fairly equivalent to it. The Council think that it cannot be considered a hardship to require that persons seeking to become solicitors shall possess a fair knowledge of the subjects required for the Pre- liminary Examination. ADMISSION 37 A summary of the present regulations as to service and examination of articled clerks, and the admission of solicitors, ■will be found on page 193. Notwithstanding admission, the solicitor cannot practise until he has obtained a certificate from the Law Society as Registrar of Solicitors, and paid the duty thereon to the Commissioners of Inland Eevenue. On applying for this certificate, it is necessary for the certmiato solicitor to leave at the office of the Law Society a declara- tion in dupUcate, forms of which may be obtained on appUca- tion at the office, setting forth his full name, date of admis- sion, and place or places of business. After the lapse of a week his certificate is handed to him on the payment of 5s. He then takes it to Somerset House (with one of the duplicate declarations), where it is stamped and becomes effective. The certificate must be renewed annually. The stamp duty payable by London solicitors is, for the three years following admission, £4 IO5., and after that period £9. For solicitors practising in the country, the duty for the first three years is £B, and after that period £6. Li order to enable the Registrar to enter on the Eoll the date of the stamping of certificates, the Commissioners of Inland Revenue are required to return to the Law Society, after the 15th of February, the declarations so left with them, if stamped on or before the 1st of January. If stamped after the 1st of January, the solicitor is bound to produce the certificate to the Registrar within one month after it has been stamped, otherwise it will bear date from the time at which it has been produced. All certificates stamped before the 16th of December bear date as from the 16th of November. Certificates stamped on or after the 16th of December bear date from the time when they are stamped, subject to the provision previously mentioned as to certificates stamped after the 1st of January. If a solicitor neglect for a whole year to renew his certifi- cate, it is in the discretion of the Registrar to grant or refuse striking o(t the Roll. 38 IIISTOKY 01' THE PRofESSIOX his application to do so, subject to an appeal to the Master of the Eolls. Section 22 of the Solicitors Act, 1860, provides that any list of solicitors published by or with the authority of the Commissioners of Inland Eevenue and containing the names of solicitors who have obtained stamped certificates for the current year on or before the 1st of January, in the same year, shall, until the contrary be made to appear, be evidence of the holding of such certificates, and the absence of the name of any person from such Hst shall, until the contrary be made to appear, be evidence that such person is not qualified to practise as a solicitor under a certificate for the current year. Solicitors are officers of the Court. They are subject to its summary jurisdiction if they raisconduct themselves, and may either be suspended or struck off the Eoll. The procedure in applications to strike solicitors from the Eoll, or to require them to answer matters contained in an affidavit, is set out in detail in Part I. of the Eules under the Sohcitors Act, 1888, p. 141. Closely allied to this subject is that of imqualified persons representing themselves to be solicitors, or transacting business in the names of solicitors without authority. The provisions against offences of this kind are numerous and stringent. & 7 Tio., The Solicitors Act, 1843, prohibits a person not duly qualified from acting in any way as a soUcitor in Court, either in his own name or in the name of any other person. Such person cannot recover any fee or reward for anything so done, and, in addition to other penalties, renders himself liable for 23 & 24 Vic, each offence to a penalty of £50, to be recovered by the In- sec' 26". ' corporated Law Society with the sanction of the Attorney- General ; and any solicitor who allows his name to be made use of in any action or suit upon the account or for the profit of an unqualified person, or who does any act whereby an s & 7 Vic, unqualified person is enabled to practise as a solicitor in any sec 32!' suit, shall and may, upon proof thereof, be struck off the Eoll call. 73i sec UXQUALIFffiD PRACTITIONEES 39 and for ever after disabled from practising, and the unqualified person may be imprisoned for any period not exceeding one year. Any person who wilfully and falsely pretends to be a 37 & 38 vic, solicitor, or uses any description implying that he is duly S'ls.' qualified to act as such, renders himself liable to a penalty not exceeding i'lO for each offence. With some exceptions, a person is deemed not to be duly qualified under this provision unless he has at the time a stamped certificate entitling him to practise, and an unquali- fied person acting as a solicitor cannot recover any costs or disbursements. Any surrogate or other person not being a barrister-at-law, certificated solicitor, proctor, notary public, certificated con- veyancer, special pleader, or draughtsman in equity, ■who for or in expectation of gain or reward either directly or as the agent for another person takes instructions for or prepares 10 & 11 vic, any papers on whicli to found or oppose a Grant of Probate It^J'^r or Letters of Administration, is guilty of an offence within the foregoing provision, and may be prosecuted accordingly. The Stamp Act, 1891, renders an unqualified person who s4 & 55 vic, acts or practises as a solicitor in any Court or as a notary sees. 4s, 44. public liable to a penalty of £50. A similar penalty is im- posed on every person who, not being a barrister, or a duly certificated solicitor, notary public, conveyancer, special pleader, or draughtsman in equity, for or in expectation of any fee, gain, or reward, draws or prepares any instrument relating to real or personal estate or any proceedings in lav*^ or equity. 'Instrument ' in this provision does not include a wiU or other testamentary instrument, an agreement under hand, a power of attorney, or transfer of stock containing no trust or limitation thereof. The Land Transfer Act, 1897, also provides that every eo & ei vic, person who (not being a barrister or a duly certificated solicitor, sec 10.' notary public, conveyancer, special pleader, or draughtsman in equity) either directly or indirectly, for or in expectation of any fee, gain, or reward, draws or prepares any instrument of 40 HISTORY OF THE PEOFESSION transfer or charge or an application to register restrictive con- ditions or to alter or discharge, or alter the priority of a registered charge or any other prescribed instrument, shall incur a fine not exceeding £50, recoverable before a Court of Summary Jurisdiction. 41 COMMISSIONERS FOR OATHS AND PERPETUAL COMMISSIONERS The Commissioners for Oaths Act, 1889, provides that the Commis- Lord Chancellor may appoint persons being practising solici- atadnlstej- tors, or other fit and proper persons, to be commissioners for ™"''^' oaths. The application for a commission is by means of a petition to the Lord Chancellor, who has issued the following information for the guidance of solicitors applying : — ' In London or other large towns the minimum qualifi- cation is six years' continuous practice as a solicitor from the date of the first certificate. In country cases the rule as to six years' continuous practice is, under special circumstances, which may be concisely stated for the Lord Chancellor's con- sideration, sometimes relaxed. Applicants for commissioner- ships must first leave their papers with the Incorporated Law Society for at least three weeks. They must then be called for. These papers consist of — (1) Petition signed by the applicant, setting forth the grounds of his application. (2) A certificate, signed by two practising barristers and two solicitors, certifying applicant's fitness for the post. (3) A certificate, signed by at least six householders, or office renters, residents in the neighbourhood where applicant's oiBce is located, supporting petition. (4) Notice to the Re- gistrar of Solicitors. The necessary forms can be obtained from a law stationer. The papers, having been considered by the Incorporated Law Society, and the date of applicant's first certificate noted thereon, have next to be left with the Clerk of the Chamber, Lord Chancellor's Department, House 12 COMMISSIONEES FOIi OATHS of Lords, who examines the papers and communicates on the subject of any preliminary objections with the applicants or their agents. The papers are then submitted to the Lord Chancellor for his Lordship's decision. If the application is allowed, an intimation to that effect is sent to the applicant, enclosing the form of appointment, which requires to be im- pressed with a £5 Judicature stamp. On the return of the form duly stamped, the signature of the Lord Chancellor will be obtained, and the appointment returned to the applicant 23 & 24_vic., ijy post. Commissions, before being acted on, must be entered sec. 30. ' at the office of the Licorporated Law Society, Chancery Lane. In the event of a renewed application being made, a second notice must be served on the Eegistrar of Solicitors before the papers are again submitted for the consideration of the Lord Chancellor.' Perpetual Perpetual commissions for taking the acknowledgments of sion™3T3 & i married women are granted by the Lord Chief Justice. The 74"' ^^■''^'■'P' application is by petition stating where the applicant prac- tises and whether he is in partnership or not, and reciting the public appointments, if any, held by him, and the neces- sity for the new appointment. The petition must be accom- panied by a certificate signed by the magistrates, clergy, and principal inhabitants of the neighbourhood, and also a certificate by two or more barristers, stating that the appli- cant is a fit and proper person to be appointed a perpetual commissioner. These papers are lodged at the office for filing the acknowledgments of married women. The fee on obtain- ing this commission is t'l. Before being acted upon the 23 & 24 Vic, commission must be entered at the office of the Incorporated cap. 12. , _ ^ sa: 30. Law Society. The Eegister of commissions is open to the inspection of the public during office hours without fee. 43 CALL OF SOLTCnOES TO THE BAR The Consolidated Eegv^lations of the Inns of Court provide that a solicitor of five years' standing ■who, prior to admis- sion as a student, has taken his name off the Roll of Solicitors, may be admitted a student at an Inn of Court, and may be examined for call to the Bar, and be called to the Bar without keeping any terms. He must give at least twelve months' notice in writing to the Law Society, and to each of the four Inns of Court, of his intention to seek call to the Bar, and produce a certificate, signed by two members of the Council of the Law Society, that he is a fit and proper person to be called to the Bar. In addition, he may have to pass the examination preliminary to admission as a student. 44 LEGAL APPOINTMENTS LEGAL APPOINTMENTS OF A PUBLIC NATURE Many public appointments are by law or custom confined to barristers and solicitors. The following are the principal appointments in question : — Public Appointments confined to Baeeistees. Office. Salary. Qaalification. £ s. d. Lord Chancellor . . . 10,000 Lord Chief Justice . . 8,000 Master of the EoUa . . 6,000 Lord of Appeal in Or- 6,000 Holders of high judicial office, dinary or Barristers of not less than fifteen years' standing (39 &40Vic., cap. 59,sec. 6). Lord Justice of Appeal . 5,000 36 & 37 Vic, cap. 66, sec. 8. Judge of the High 5,000 Barristers of ten years' Court standing. Attorney-General . . 8,217 And fees. Solicitor-General . . . 8,638 And fees. Judge Advocate -General Unpaid Deputy ditto 1,000 County Court Judge Inferior Court of Ee- cord. Assistant Judge Mayor's Court, Assistant Judge 1,500 Barristers of seven years' standing (51 ct 52 Vic, cap. 43_, sec. 8). Barristers of seven years' standing (85 tV- 36 Vic, cap. 86, sec 7). Barristers of seven years' standing ( Mayor's Court Procedure Act, 1857, sec. 48). OF A PUBLIC NATUEE 45 Office. Salary. Qualification, if any. & s. d. Metropolitan Police 1,000 to 1,800 Barristers of seven years' Magistrate standing (2 & 3 Vic, cap. 71, sec. 3). Eecorder Barrister of five years' stand- ing (45 & 46 Vic, cap. 50, sec 168). Salf ord Hundred Court, — Barrister of ten years' stand- Judge ing (31 & 32 Vic, cap. 130, sec. 14) (Local). Stipendiary Magistrate Barristers of five years' stand- ing under 26 & 27 Vic, cap. 97, sec. 3; and of seven years' standing under 45 & 46 Vic, cap. 50, sec. 161. Conveyancing Counsel to the Court Examiner of the Court Registrar under Land Transfer Act, 1875 Revising Barrister . . Barrister of ten years' stand- ing (15 & 16 Vic, cap. 80, sec. 41). Barrister of three years' standing (Supreme Court Rules, ord. 37, rule 40). Barrister of ten years' stand- ing (38 & 39 Vic, cap. 87, sec. 106, 119). Barristers of seven years' standing (37 & 38 Vic, cap. 53, sec. 6). Public Appointments confined to Baeeistbes and solicitoes, oe usually filled by theji. Salary. Qualification, if any. Admiralty Registrar „ Examiner Assize, Clerk of . . £ s. d. 1,500 Barrister or Solicitor of ten years' standing (24 & 25 Vic, cap. 10, sec. 27). Barrister or Solicitor (24 & 25 Vic, cap. 10, sec. 28). Barrister or Solicitor (32 & 33 Vic, cap. 89, sec. 3). LEGAL APPOINTMENTS Cifflce. Salary. Associate, Central Office Bankruptcy Registrar . Board of Agriculture, Legal Adviser Board of Trade Soli- citor Borough Deputy Co- roner British Museum, Soli- citor Charity Commissioners, Solicitor Clerk of the Peace . . Commissioner for Oaths Commissioner for tak- ing acknowledgments County Council, Clerk . Customs, Solicitor . . Customs, Assistant Solicitor Duchy of Cornwall, Solicitor Ecclesiastical Commis- sioners, Solicitor Exchequer and Audit Department, Legal Adviser General Post Office Solicitor Guardians, Clerk to . . House of Commons, Clerk India, Secretary of State for. Solicitor Inferior Court of Ee- cord, Judge Inland Eevenue Soli- citor £ s. d. 1,200 to 1,500 800 1,800 2,000 2,000 1,200 2,000 Qualification, if any. 15 & 10 Vic, cap. 72, sec. 11. 46 & 47 Vic, cap. 52, see. IIG. Now held by a Barrister (37 & 38 Vic, cap.- 68, sec. 12). Now held by a Solicitor (37 & 38 Vic, cap. 68, sec. 12). Barrister or Solicitor (45 & 46 Vic, cap. 50, sees. 171-2). Now held by a Solicitor (37 tt 38 Vic, cap. 68, sec 12). Now held by a Solicitor (37 & 38 Vic, cap. 68, sec. 12). Usually held by a Solicitor (51 & 52 Vic, cap. 41, sec. 83). Usually held by a Solicitor (52 Vic, cap. 10, sec 1). Usually held by a Solicitor (3 & 4 Will. IV., cap. 74, sec. 81). Held with the office of Clerk of the Peace (51 & 52 Vic, cap. 41, sec. 83). Now held by a SoHcitor (37 ct 38 Vic, cap. 68, sec. 12). Now held by a Barrister. Now held by a SoHcitor (18 & 19 Vic, cap. 32, see. 31). Now held by a Solicitor (37 & 38 Vic, cap. 68, sec. 12). Now held by a Barrister (37 & 38 Vic, cap. 68, sec 12). Now held by a SoKcitor (37 A- 38 Vic, cap. 68, sec. 12). Usually held by a Solicitor (4 A- 5 Will, n-., cap. 76, sec. 46). Now held by a Solicitor. Now held by a Barrister. Barrister or Solicitor of ten years' standing (8 A- 9 Vic, cap. 127, sec 9). Now held by a Barrister (37 * 38 Vic, cap. 68, sec. 12). OF A PUBLIC XATl'EE 47 Inland Eevenne, Assis- tant Solicitor Justices' Clerk Land Transfer Act, 187o,Assistant-Begis- trar Local Government Board, Legal Adviser. London, City of, Solici- tor Master of the Supreme Court Official Referee . . . Official Solicitor . Patent Office, Law Clerk Probate Registrar . . Priyy Council, Regis- trar Public Works and Buildings, Solicitor Public Works Loan Board, Solicitor Queen Anne's Bounty, Solicitor Railway & Canal Traffic Commissioners, Re- gistrar Taxing Master, Chan- cery Division Town Clerks . . Treasury, Solicitor -t" s. d. 1,000 to 1,200 Treasury, Solicitors Under-Sheriff Assistant- I 900 I i I ' 1,200 I 2,250 1,250 to 1,500 375 1,200 to 1,600 1,500 1,500 500 1,500 2,500 1,000 to 1,500 Qualification, if any. Now held by a Barrister (37 6 38 Vic, cap. 68, sec. 12). Barristers of fourteen years' standing ; Solicitors and others (40 ct 41 Vic, cap. 43, sec. 7). Barrister or Solicitor of five years' standing. Now held by a Barrister (88 & 39 Vic, cap. 87, sees. 106, 119). Now held by a Barrister (37 & 38 Vic, cap. 68, see. 12). Now held by a Solicitor (6 A- 7 Tic, cap. 73, sec 47). Barrister or Solicitor of five years' standing (42 & 43 Vic, cap. 78, sec. 10.) 36 & 37 Vic, cap. 66, sec 83. Now held by Solicitor (37 & 38 Vic, cap. 68, sec. 12). Now held by a Barrister (37 ct 38 Vic, cap. 08, sec. 12). Barrister or Solicitor (20 & 21 Vic, cap. 77, sec. 20). Now held by a Barrister (3 & 4 Will. IV., cap. 41, sec. 18). Now held by a Barrister (37 & 38 Vic, cap. 68, sec 12). Now held by a Solicitor (37 A' 38 Vic, cap. 68, sec. 12). Now held by a Barrister (37 & 38 Vic, cap. 68, sec. 12). Now held by a Barrister (51 & 52 Vic, cap. 25, sec 21). This appointment has hither- to been confined to Solici- tors. 45 & 46 Vic, cap. 50, sec 17. Now held by a Barrister (37 it 38 Vic, cap. 68, sec. 12f. Two are Barristers and one is a Solicitor. Usually held by a Solicitor (50 & 51 Vic, cap. 55, sec 23). 48 LEGAL APPOINTMENTS Salary. Vestry Clerk . . . . Woods and Forests, Solicitor Qualificatiou, if any. Usually held by a Solicitor (13 & 14 Vic, cap. 57, sec.6). Now held by a Barrister (37 cfe 38 Vic, cap. 68, sec 12). Public Appointments confined, with few exceptions, TO Solicitors. Office. Salary. Qoflllfication. Chancery Division Chief Clerk (now de- signated Master) Chancery Registrar . . Chancery Registrar's Clerks County Court, Registrar District Registrar, High Court Metropolitan Police Court, Chief Clerk Salford Hundred Court, Registrar Stipendiary Magistrate, Clerk to £ s. d. 1,500 1,250 to 2,000 300 to 800 Solicitors of ten years' stand- ing (15 & 16 Vic, cap. 80, sec 17). 5 Vic, cap. 5, sees. 38, 41. Solicitor or a person who has served under articles to a Solicitor for five years (o Vic, cap. 5, sec. 41). Solicitor of five years' standing (51 & 52 Vic, cap. 43, sec. 25). Solicitor of five years' stand- ing (44 & 45 Vic, cap. 68, sec 22). 2 & 3 Vic, cap. 71, sec. 5. Solicitor (31 * 32 Vic, cap. 130, see. 25) (Local). Solicitor (26 & 27 Vic, cap. 97, sec. 6). 49 ADJIISSTON OF ENGLISH SOLICITORS IN THE COLONIES Having regard to the large number of young solicitors Admission who go to the Colonies, and to the numerous inquiries coi'onies. ■which are addressed to the Law Society on. the subject, the following statement has been prepared, detailing, as far as they can be ascertained, the steps necessary to be taken prior to admission in the Colonies. In most of the Colonies a person previously admitted in England, Ireland, or Scotland can be admitted without examination, on proof of such previous admission and that he has not done anything to cause his name to be struck off the Roll of the Court in which he was admitted. In some Colonies such persons can be admitted without delay, the orders for that purpose being made conditional for a certain period. In other Colonies such persons have to be resident for a given time immediately prior to their admission, and in others residence and examination is required. The regulations for each Colony are given very briefly under the name of the Colony. BERMUDA. SoHcitors or writers to the signet in England, Scotland, or Ireland are admitted to practise in the Bermuda Courts. BEITISH COLUMBIA AND VANCOUVEE ISLAND. Persons admitted in England, Scotland, or Ireland are entitled to be admitted to practise in British Columbia and 50 .\d:\iissii.ix in the colonies Vancouver Island on passing an examination in the laws and practice of that province. Before admission, the applicant must deposit with the Eegistrar of the Court a certificate signed by two enrolled and practising members of the pro- fession in the province, that they believe the apphcant is a person of good moral character, and a certificate from a Judge of a Superior Court of the country in which he was admitted that the applicant was admitted a solicitor of such Court, and that he is of good standing and repute. A fee of fifty dollars is payable before admission on the Eoll of Attorneys in the province. BEITISH GUIAiSIA. Solicitors duly admitted to practise in the Courts of Great Britain and Ireland are ehgible to practise in British Guiana without further examination on production of their certificates of admission, and sworn clerks who have served for five years in the Eegistrar's office in the districts of Demerara and Essequibo or of Berbice, or clerks who have served under articles for three years to a barrister, or advocate, or attorney- at-law practising in the Supreme Courts of British Guiana, with a certificate of good character and ability signed by the master with whom the clerkship has been served, and also by one of the barristers or advocates practising therein, may be admitted to practise as attorneys-at-law upon taking and subscribing the usual and customary oath. CANADA. Persons previously admitted in England, Ireland, or Scotland are admitted to practise here, subject to certain conditions, which vary somewhat in the different States. CEYLON. A solicitor, writer to the signet, or proctor of any of the Superior Courts of Great Britain or Ireland, or a procurator AD3IISSI0N I^^ THE COLONIES 51 of any Court of Eecord in Scotland, may be admitted as a proetor for the Supreme Court of Ceylon. The appUcant must produce a certificate or other documentary proof of his admission, together with an affidavit that he is the person named in the certificate, and that^he has not done anything which would cause his name to he struck off the Roll of the Court in which he has been admitted, and that to the best of his knowledge and belief his name still remains on the Eoil. A fee of £5 is payable on admission. FIJI. Persons previously admitted in England, Ireland, or Scot- land can be admitted to practise in Fiji on satisfying the Chief Justice there that they are fit and proper persons. HONG KONG. Solicitors and writers duly admitted in England, Scotland, and Ireland, or in any British Colony, are admitted to prac- tise. INDIA — BOMBAY. Persons previously admitted in England, Ireland, or Scotland are admitted to practise, on production of their certificates of admission, together with certificates of good character and ability, signed by the master with whom they served under articles, and also by one of the principal officers of the Court in which they were admitted. The application for admission is by means of a petition. CALCUTTA, A person previously admitted in England, Ireland, or Scotland may be admitted in Calcutta, provided he produces a certificate of his admission and a certificate that his name is stiU on the EoU of the Court in which he was admitted, and gives satisfactory assurance of good character, and produces a E 2 S2 ADMISSION IN THE COLONIES certificate signed by the major part of the examiners actually present and conducting the examination, one of them being the Eegistrar of the Court, that he has satisfactorily passed an examination in the following subjects : — (1) The Letters Patent constituting the High Court. (2) The Code of Civil Procedure. (3) The Indian Penal Code. (4) The Code of Criminal Procedure. (5) The Indian Succession Act. (6) The Indian Contract Act. (7) The Evidence Act. (8) The Eegistration Act. (9) The Limita- tion Act. JAMAICA. Solicitors and writers to the signet duly admitted in England, Scotland, or Ireland are competent to practise in the Superior and other Courts in Jamaica. There is no pro- vision as to a final examination prior to admission. Articled clerks are required to be sixteen years of age, and must serve for five years, and afterwards pass an examination m Open Court, and produce evidence of due service. MANITOBA. Preliminary and final examinations are required in Manitoba. Attorneys or solicitors admitted in any other province of the Dominion of Canada, or in England, Ireland, or Scotland, who have served for one year under articles in Manitoba, and have passed the final examination, may be admitted. NEW SOUTH WALES. Persons previously admitted in England, Scotland, or Ire- land, who have resided in the Colony for three months, are entitled to be admitted as solicitors of the Supreme Court of this Colony. The following are also entitled to be admitted on passing the final examination in the Colony : — ADMISSION I\ THE COLONIES 53 Persons articled in England, Ireland, or Scotland, -who have served the full term, and who have passed the Inter- mediate examination in either of those countries, or who, having been so articled, and having served some portion of their articles, complete the residue of their term as clerk to a soHcitor in New South Wales ; or who, having been articled and served in New South Wales for portion of their term, complete the residue of their service in England, Scotland, or Ireland, and have passed the necessary intermediate examin- ations either in New South Wales or in England, Scotland, or Ireland. The subjects for the final examinations are — 1. Real Property and Conveyancing. 2. Common Law. 3. Equity, Divorce, Matrimonial and Ecclesiastical Law. 4. Criminal Law. o. Practice of the Supreme Court and Insolvency. <3. Jurisdiction and Practice of the Inferior Courts. Candidates must pass in four at least of these subjects. Persons previously admitted as solicitors must, at the time of giving notice of admission in this Colony, file a certificate of previous admission and an affidavit, which must be sub- stantially in the form given at page 59. NEW ZEALAND. Persons admitted in any part of the British dominions are entitled to be admitted as solicitors in New Zealand, on pass- uag an examination in the knowledge of law, including the law of New Zealand, so far as it differs from the law of England. No service is required. Any person admitted as a sohcitor can, on application, be also admitted as a barrister ; and barristers can be admitted as solicitors. Before admis- sion as barristers, however, solicitors have to pass an additional examination, both in general knowledge and law. The examinations are held half-yearly, in March and ll 54 ADMISSION IN THE COLONIES Septemfcer. The fees payable, if admitted as a barrister or solicitor only, are : — Examination, two guineas ; Admission, five guineas ; Certificate, three guineas. If admitted to practise, botl as barrister and solicitor, the following additional fees are payable : Admission, five guineas ; Certificate, one guinea. NOVA SCOTIA. Any person previously admitted in England, Scotland, or Ireland, or in any British Colony, on filing a sati?- lactory certificate to that effect, and also testifying that he is of good moral character and has served as an articled clerk for five years, is entitled, on passing an examination as to his educational qualifications, to be admitted to practise. OTsTXRlO. Persons duly admitted in England, Ireland, or Scotland may, as special cases, be admitted and enrolled as attorneys and solicitors of the Superior Courts in Ontario, on proof that they have been admitted and were in actual practice and resi- dent in the country in which they were so admitted for five years prior to their application, or that they were bound by a contract in writing to a practising attorney or solicitor in Ontario to serve as articled clerk for one year and passed the final examination. Notice of intention to apply for admission must be given during the term next preceding that in which the applicant presents himself for examination and admission, and must also be published for at least two months preceding such last-mentioned term in the Ontario ' Gazette,' and evi- dence must be adduced that no application has been made to the Court in which the applicant was admitted to strike him off the Eoll or otherwise disqualify him, and that no charge is pending against him for professional or other misconduct. A special fee of 200 dollars on admission is payable by solicitors in addition to the ordinary fees for articled clerks. ADMISSION IN THE COLONIES 55 QUEENSLAND. Persons admitted in England, Ireland, or Scotland must, one week at least before making application for admission in this Colony, lodge -with the Eegistrar their original or annual certificate and file an affidavit in the form given at page 59 . Every person so applying must, ten clear days before the sitting of the Court at which he makes application for admis- sion, cause his name and address, written in legible characters, to be affixed in the office of the Registrar and also in the Court-house. He must also cause notice of his intended application to be advertised three several times in two news- papers published in Brisbane during such ten days. Persons who have served portion of their term of service in England, Ireland, and Scotland, and who have completed their term of service in this Colony, or who have served a por- tion of their time in this Colony, and completed their term in England, Ireland, or Scotland, as the case may be, and who have passed the final examination, are entitled, on giving proper notice and evidence of these facts, to be admitted in this Colony. The subjects for the final examination are : — 1. The principles of law and procedure in matters usually determined and administered in the Supreme Court. 2. The principles of law and procedure in matters usually determined and administered in the Vice- Admiralty Court. 8. The principles of the law of Real and Personal Property and the practice of Conveyancing. 4. The law and practice of Insolvency. 5. Criminal law and practice. 6. Practice of the Courts of Inferior Jurisdiction. 7. Constitutional law and Legal History. A fee of six guineas is payable on going up for the final examination, and one of twenty guineas by every person previously admitted in some other Court. 56 ADMISSION IN THE COLONIES SOUTH AFRICA. Persons entitled to practise in the United Kingdom as solicitors or writers to the signet may be admitted in Cape Colony on the certificate of the Council of the Law Society of the Cape of Good Hope, to be obtained on proof of authority to practise in England, Ireland, or Scotland. A fee not exceeding £1 Is. is payable for the certificate, and the admission fee is £20. It is understood that admission in Cape Colony confers certain privileges as to admission in the other South African Colonies. Prior to admission in the Transvaal an examination in Dutch must be passed. SOUTH AUSTRALIA. Persons admitted in England, Ireland, or Scotland are, on proof of such admission, entitled to be admitted solicitors of the Supreme Court of South Australia. Persons who have been admitted outside the Colony must give written notice of their intention to be admitted, and must file affidavits exhibiting a copy of their original or annual certificates. This affidavit must be in the form given at p. 59. Every such person must, before admission, have resided in the Colony for one year continu.ously immediately preceding his notice, but this rule may be dispensed with. The rule as to residence applies to persons who have served the whole or any part of their term outside the Colony, but have not been admitted. Such persons are entitled to admission on passing the final examination. The following are the subjects for the final examination in six of which it is necessary to pass : — 1. Real Property and Conveyancing. 2. Common and Statute Law. 3. Equity. ADMISSION IN THE COLONIES 57 4. Admiralty, Ecclesiastical, Divorce, and Matrimonal Law. 5. Insolvency Law. 6. Criminal Law. 7. Practice of the Courts of Inferior Jurisdiction. 8. Constitutional Law and Constitutional History. STEAITS SETTLEMENTS. The Supreme Court of the Straits Settlements has a dis- cretionary power to admit to practise as solicitors or writers persons duly admitted in England, Scotland, or Ireland. TASMANIA. Any person who has been admitted in England, Ireland, or Scotland is entitled to admission here without any ex- amination in general knowledge or law, on satisfactory proof of admission and of residence in the Colony for twelve months. Such admission qualifies for practice as a barrister and a solicitor. TEINIDAD. Persons who have been previously admitted, and whose names are actually on the Eoll in England, Ireland, or Scotland, can be admitted in Trinidad, on production of evidence of such admission, and that they are fit and proper persons. VICTOBIA. Persons who have not been previously admitted, but who have served the fuU term of five years in England, Ireland, or Scotland, or any part of the British dominions, are required to pass an examination (the final) in six of the following subjects : — 1. Eeal Property and Conveyancing. 2. Statute and Common Law. 58 ADMISSION IN THE COLONIES 3. Equity, Divorce, Matrimonial, and Ecclesiastical Law. 4. Insolvency and Admiralty. 5. Criminal Law. 6. Practice of the Supreme Court in its various branches. 7. Practice of the Courts of Inferior Jurisdiction. 8. Constitutional Law and Constitutional History. Such persons must have resided at least one year in Victoria before being entitled to apply for examination. Persons previously admitted in England, Ireland, or Scot- land are not required to pass any examination ; but every such person must, before the term previous to that in which he desires to be examined, give written notice of his intention to apply to be admitted, and file affidavits of facts on which he seeks admission, together with copies of original or annual certificates. By the Victoria Act, 1891, it is provided that a candidate must be admitted both as a barrister and a solicitor. A fee of five guineas is payable on examination, and one of forty guineas previous to admission. WESTBEN AUSTEALIA. Persons who have resided for six months in the Colony and have been admitted elsewhere must, one month before applying for admission in this Colony, affix their names and addresses in the Office of the Eegistrar of the Court, and must also cause notice of the intended appUcation to be published twice in two public newspapers in the Colony. They must, four months previous to such application, also file with the Registrar a certificate of their previous admission, or a true copy of it, together with an affidavit substantially in the form given below. The rule for the admission of such applicants may be ordered and drawn up on reading such affidavit, or the Court or Chief Justice in Chambers may refuse the appli- cation where previous misconduct or long discontinuance from practice renders the applicant unfit to be admitted. The admission fee is £10. The two branches of the legal profession are amalgamated in this Colony. ADMISSION IN THE COLONIES 59 AFFIDAVIT OF SOLICITOE APPLYING FOE ADMISSION. In the Superior Court of the "1 Colony of . J IN THE Mattee of A. B., Gentleman. I, A. B., of in the Colony of , Gentleman, make Oath and say : — 1. That I was on the day of a.d. 18 , admitted an Attorney of Her Majesty's Court of Queen's Bench at Westminster, and on the day of A.D. 18 admitted a Solicitor of Her Majesty's Supreme Court in England (or as the case may be). 2. That I have not done or committed any act or thing ■which would cause my name to be struck off the Roll of the said Court (or as the case may be). 3. That to the best of my knowledge and belief my name still remains on the Rolls of each of the said Courts. 4. That the copies of the certificates annexed are true copies of my admission therein respectively. 5. That I am the person named therein. 6. That I ceased to practise as an Attorney and Solicitor in England in the month of a.d. 7. That I arrived on the day of a.d. 18 , in the Colony of by the ship which sailed from the port of in 8. That I have ceased to practise in England, and before my departure therefrom I was employed as and since my arrival in the Colony of I have been employed as "9. And I refer to C. D. of and E. F. of resident within the said Colony as persons to whom I am known. 10. That I have caused to be posted and published the notices required by the Rules of this Honourable Court and otherwise in all respects complied therein. Sworn at this day of a.d. 18 Before me Commissioner for taking Affidavits. 60 ADMISSION OF COLONIAL SOLICITORS IN ENGLAND 'Colonial As already mentioned, Colonial attorneys have some privi- ■(20 & 21 Vic, leges as regards admission as solicitors in England. The Colonial Attorneys' Belief Act, 1857, provides that all British subjects duly admitted and enrolled as attorneys and solicitors in the Superior Courts of Law and Equity in those of Her Majesty's colonies or dependencies (to which the provisions of this Act have been extended by Order in Council) where the system of jurisprudence is founded on, or assimilated to, the common law and principles of equity as administered in England, and where full service under articles of clerkship for five years, and an examination to test the qualification of candidates are or may be required previous to admission, shall and may be admitted as solicitors in England. No person is to be deemed qualified to be admitted as a solicitor under this Act unless he shall pass an examination to test his fitness and capacity ; shall produce the prescribed certificate from the Colonial Judge ; and shall make an affidavit that he is resident within the jurisdiction of the English Courts, and has ceased for twelve months at least to practise as an attorney in any Colonial Court. .■37 i 38 Vic, Under an amending Act of 1874, examination and ceasing ■ cap. 41. 1 to practise have been dispensed with in the case of soUcitors who have been in actual practice for seven years, and have served under articles and passed an examination previous to admission in a colony or dependency to which the Act of 1857 applies. ;'clp*2^4! ^"'■' Under a further amending Act of 1881, the provisions of ADMISSION OF COLONIAL SOLICITORS 61 the Colonial Attorneys' Relief Act may, on the application of the Governor, be extended to colonies or dependencies in which English solicitors are admitted without service or examination, except in the laws of the colony or dependency in so far as they difi'er from the laws of England, and in which service under articles for five years, and examination prior to admission, are not in all cases obligatory. Solicitors admitted in such colonies or dependencies must, in addition to other requirements, prove that they have served for five years under articles ; that they have been examined ; and that they have practised for seven years at the least in the colony or dependency in question. By Orders in Council the Colonial Attorneys' Relief Act has been extended to the Bahamas, Cape of Good Hope, Jamaica, New South Wales, New Zealand, South Australia, Trinidad, Victoria, and Western Australia. The Society has been informed by the India Office that the Act has also been extended to Bengal, Bombay, and Madras. 62 ADMISSION TO THE LEGAL PROFES- SION IN FOREIGN COUNTRIES UNITED STATES OP AMEEICA. The terms of admission vary in the different States, but as a rule they prescribe citizenship and the passing of an examination. In New York and other States -women are admitted. The following information is taken (by permission) from the ' Law Times ' of the 23rd of November, 1895 :— BELGIUM. In Belgium there is no division of the legal profession into barristers and solicitors ; the avocat undertakes the duties of both characters. To qualify as an avocat, the candidate must have gone through a five years' course of legal study at a university, and have passed the annual examinations of the course. He must then spend three years in the office of a fully qualified avocat, during which period he may plead gratuitously, but not for fees. At the end of this period of service he is entitled to practise.' PEANCE. In France the legal profession proper is divided into the two classes of avocats and avo^ies. The notaire is hardly a lawyer in the English sense of the term. The avoue qualifies by two years' study of law in a university, followed by an examination conducted by the Faculty. The avocat requires a three years' course of study, followed by an exami- nation, success in which entitles him to the degree of Ucencio ' Communicated by W. Lydcotte, Esq., H.B.M. Acting Consul- General, Antwerp. ADMISSION IN FOREIGN COUNTRIES 6B en droit. This degree is his passport to the profession, but the more ambitious students usually proceed to the further degree of Doctor, which is of substantial advantage to them in their candidature for public office. GERMANY. In Germany the legal profession is divided, not into advocates and solicitors, but into magistrates (Bichter) and practitioners (Bechtsamoalte). No one can become a prac- titioner unless he has qualified as a magistrate. In order to qualify as a magistrate, the candidate must (a) employ three years in the study of law in a university (half of this time must be spent at a German university) ; (&) during a further period of three years devote himself to attendance in the law courts (generally as a subordinate official) and to service in the office of a practitioner. The candidate is then free to choose whether he will seek magisterial office (Bichteramt) or private practice (Bechtsanwaltschaft).^ HOLLAND. As in the case of Germany, training for the magistracy and for the practice of the law are identical. The avenue to each caUing is the same — viz. the degree of Doctor of Law, which can only be obtained after a course of study and exami- nation in a Dutch university. The examination includes not only written papers, but oral public defence of one or more propositions of law, selected either by the candidate or the Faculty. No further qualification for practice appears to be regarded as necessary. The distinction between barristers {avocats) and solicitors (procureurs) exists in theory, but the two functions can, by virtue of a recent statute, be combined in the same person.^ ITALY. In Italy there are, as in England, two branches of the legal profession — avoccati (barristers) and procuratori ' Communicated by Dr. Felix Meyer, Amtsgerichtsrat, Berlin. ^ Communicated by W. C. Robinson, Esq., H.B.M. Consul, Am- sterdam. 64 ADMISSION IN FOREIGN COUNTRIES (solicitors). To qualify as a procuratore the candidate mus go through a four years' course at a university, obtaining the degree of Doctor in Law. This degree qualifies him tc practise as a solicitor. But, if he wishes to qualify as a barrister, he must furthei serve a two years' apprenticeship in the office of an avoccato During this period he must also attend the sessions of specifiec law courts, and, at its termination, undergo a special exami nation. A solicitor who has been in practice for six years may claim to be entered on the roll of barristers without further qualification. > NOEWAY. In Norway, both for official posts and for private practice, it is necessary that a lawyer should have acquired the degree of Doctor of Law at a university. This implies a four years' course of study. No official requirement of apprenticeship exists, but most intending practitioners serve in the office of an established lawyer, either during or after the period oi study at the university. SWEDEN. In Sweden there is no incorporated body of legal prac- titioners, and no official distinction between advocates oi pleaders and solicitors. The greater part of those who possess a legal training are employed in the service of the State, and for all the higher posts in such service a certificate of examination by the Law Faculty of a Swedish university is indispensable. This certificate is, as a rule, only given after four years of study. Private practitioners do not, strictly, require any official qualifications ; but, as a matter of fact, they generally undergo the same training as magis- trates, and they have frequently obtained their practical experience of service in the lower ranks of the magistracy.^ ' Communicated by Sir Dominic Colnaghi, K.C.B., H.B.M. Consul General, Florence. ^ Communicated by Harald Ebrenborg, Esq., Swedish Vice-Consul Liverpool. 65 PAET II CHARTERS, ACTS, BYE-LAWS, RULES, Jsc. THE CHARTER OF THE INCORPORATED LAW SOCIETY Victoria, by the Grace of God of the United Kingdom of Great Society's Britain and Ireland, Queen, Defender of the Faith, To all to whom p'^"',^' these presents shall come, greeting. Whereas our Eoyal predecessor ] 345. ' Xing William the Fourth, late King of England, by his Letters Patent imder the Great Seal of Great Britain and Ireland, bearing date at Westminster the twenty-second day of December, in the Second Year of his Eeign, did grant, constitute, declare and appoint that Thomas Adlington, Jonathan Brundrett, George Frere, and W^illiam Tooke, and aU such other persons being Attorneys, Solicitors, •or Proctors, practising within the United Kingdom of Great Britain and Ireland, or Writers to the Signet, or Writers in the Courts of Justice in that part of the United Kingdom called Scotland, or being persons who had practised as Attorneys, Solicitors, or Proctors within the United Kingdom, or as Writers to the Signet, or Writers in the Courts of Justice in Scotland, and should have voluntarily retired from such practice, as then were or should thereafter become qualified as thereinafter naentioned ; should be, and be called, one body politic and corporate, in deed and in law, by the name and style of The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom ; ' And them by the name of ' The Society of Attorneys, Sohcitors, Proctors and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' did make, erect, ordain, and constitute, establish, confirm, and declare to be one body politic and corporate, in deed and in law, for ever ; and did grant to the Society thereby in- corporated divers powers, liberties, and privileges in the same Letters Patent mentioned : And whereas it hath been represented to us 66 CHAETER that it is expedient that the constitution of the Society should be so modified as that the Members thereof should not possess any individual right of property in its capital or possessions, rents or income, but that the whole capital and possessions, and the renta and income thereof, should be applicable to the general purposes of the Society in promoting professional improvement, and facili- tating the acquisition of legal knowledge : And whereas by a deed or writing under the Common Seal of ' The Society of Attorneys, - Solicitors, Proctors, and others not being Barristers, practising in the Com'ts of Law and Equity of the United Kingdom,' bearing date the 2nd day of February, in the Eighth Year of oiu* Eeign, and enrolled on Eecord in our High Court of Chancery on the 24th day of February, in the said Eighth Year of our Eeign, the Society have surrendered into our hands the Charter of Incorpora- tion, so granted to them by our Eoyal predecessor. King William the Fotu'th, on the 22nd day of December, in the Second Year of his Eeign ; And whereas our trusty and weU-beloved Edward Foss and Michael Clayton, two of the members of the Society, have by their petition humbly besought us to grant to them and to the several other persons who were Members of the Society at the time when their Charter of Incorporation was surrendered into our hands, and to such other persons as shall be appointed and elected Members of the Society, as hereinafter mentioned, our Eoyal Charter of Incorporation for the better carrying into effect the professional purposes for which the Society was originally con- stituted : — The Society I. Now therefore know ye, that we being gi-aciously pleased to inoorijo- grant to the said Petitioners their said request, of our especial grace, certain knowledge, and mere motion, have willed, granted, consti- tuted, declared, and appointed, and by these presents, for us, our heirs and successors, do wiU, grant, constitute, declare, and appoint, that they the said Edward Foss and Michael Clayton, and the several other persons who were Members of the Society at the time when their Charter of Incorporation was surrendered into our hands and all such other persons being Attorneys, Solicitors, or Proctors, practising within our United Kingdom of Great Britain and Ireland, or Writers to the Signet, or Writers in our Courts of Justice in that part of our United Kingdom called Scotland, or being persons who shall have practised as Attorneys, Solicitors, or Proctors within om* United Kingdom, or as Writers to the Signet, or Writers in our Courts of Justice in Scotland, and shall have voluntarily retired from such practice (not being Barristers), as shall from time to time be elected Members of the Society in the manner hereinafter directed, and their respective successors, shall for ever hereafter be, and be called, one body poUtic and corporate, in deed and in law, by the ifame of the name and style of the ' Society of Attorneys, Solicitors, Proctors, Corporation, g^^j others not being Barristers, practising in the Coxni;s of Law and Equity of the United Kingdom,' and them by the name and CHAETER 67 style of the ' Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' we do, for us, our heirs and successors, make, erect, ordain and constitute, establish, confirm, and declare, to be one body pohtic and corporate, in deed and in law, for ever. And we do, for us, our heu's and successors, grant and declare that by the name of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' they and their successors shall and may sue and be sued, plead and be impleaded, ansv/er and be Society may answered unto, defsnd and be defended, in whatsoever courts and s»« ■i"d be places, and before any Judges, Justices, or officers of us, our heirs ^""^ ' and successors, in all and singular actions, pleas, suits, plaints, matters and demands, of what kind or quality soever they shall be, in the same manner and form, and as fully and amply, as any of ovn: subjects of this our United Kingdom of Great Britain and Ireland may or can do. II. And that they, ' The Society of Attorneys, Solicitors, Proctors, May use a and others not being Barristers, practising in the Courts of Law ge^"'" and Equity of the United Kingdom,' shall and may have and use a Common Seal for the affairs and business of the Society ; and that it shall and may be lawful for the Society and their successors, the same Common Seal, from time to time, at their wiU and pleasm-e, to break, change, alter, or make new, as to them shall seem expedient. III. And we do for us, our heirs and successors, grant and To have declare, that by the same name of ' The Society of Attorneys, sucJIs^SoJ, Sohcitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' they shall have perpetual succession, and at all times hereafter shall be able and capable in law, notwithstanding the statutes of mortmain, to Jiay piir- purchase, acquire, have, take, hold, receive, and enjoy, to them and '^"^ '*" ■> their successors, in perpetiiity, or for any terms of lives, or years, limited e.;- ■ or other estate, any messuages, lands, tenements, rents, possessions, teut, and hereditaments, of what nature or kind soever, the yearly value of which shall not exceed in the whole at any one time the sum of five thousand pounds, computing the same respectively at the rack- rent which might have been had or gotten for the same respectively, at the time of the pm-chase or acquisition thereof, and also all manner of goods, chattels, and things whatsoever, of what nature or value soever, which they may think requisite for the purposes of the said Society. IV. And also from time to time to sell, grant, demise, exchange, ana sell the and dispose of, or mortgage, any of the same messuages, lands, ^'■'™'=- tenements, rents, possessions, and hereditaments, wherein they shall have any estate or interest, or which they shall so acquire as aforesaid ; btit that no sale, rhortgage, incumbrance, or other dis- position of any messuages, lands, tenements, or hereditaments f2 68 CHARTER belonging to the Society shall be made except with the approbation and concurrence of a General Meeting. Bodies Poli- V. And Vie do hereby, for us, our heirs and successors, give and tic and Cor- grant special license, power, faculty, and authority, to any person or powercdto persons, bodies politic and corporate, their heirs and successors, give land to respectively, to give, grant, sell, aliene, assign, dispose, or devise in the Society, mortmain, in perpetuity, or otherwise, to or to the use and benefit of, or in trust for, ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and E(iuity of the United Kingdom,' and their successors, any mes- suages, lands, tenements, rents, and hereditaments, not exceeding (with the lands so purchased or previously acquired, and then held by the said Society) such yearly value as aforesaid. And also any sum or sums of money, goods, chattels, stocks in the public funds, securities for money, and other personal estate, to be laid out and disposed of in the purchase of any lands, tenements, or heredita- ments, not exceeding the like jearly value, for the purposes of the Society. Members VI. And we do further will and declare that, in case any Member rendered ia- of the Society shall, in consequence of the order of any Court praotuing "^ competent Judicature, be rendered incapable by reason of mal- by order o£ practice, Or other professional misconduct, of practising in our Court for Courts of Justice, or any of them, such person shall forthwith cease to cease to to be a Member of the Society. be Members. vn. And we do hereby grant and declare that the number of Tlie number Members of this Society shall be indefinite, and that the other of tte™*"^"^^ persons who were Members of the Society at the time when their Society to be Charter of Incorporation was surrendered into our hands, shall be iudefluite. the first Members of the Society. Society to be VIII. And we further grant and declare that, for the better gwerned by rule and government of the Society, and for the better direction and Tice^'rasl-' management of the concerns thereof, there shaU be a Council of the dent, audi Society, to be elected from among such of the Members of the said consist^f'' Society as shall be Attorneys, Solicitoi's, or Proctors practising in not more England, and a President and a Vice-President of the Society to be thantiiirty, elected from the Council, and that such Council, includiiig the twenty President and Vice-President, shall consist of not more than thirty, Members, nor less than twenty Members. Names of tiie IX. And We do further declare and appoint that the said Michael Vi^'pre*sl- Clayton shall be the first President of the Society, and Edward dent, and Rowland Pickering shall be the first Vice-President of the Society, CounoU. and that the said Michael Clayton and Edward Rowland Pickering, together with Samuel Amory, Benjamin Austen, Robert Riddell Bayley, Thomas Clarke, William Loxham Farrer, John Irving Glennie, John Swarbreck Gregory, Richard Harrison, Bryan Hohne, Edward Lawford, WiUiam Lowe, Robert Wheatley Lumley, Thomas Metcalfe, John Innes Pocock, Charles Ranken, Charles Shadwell, John Teesdale, William Tooke, Richard White, Robert Whitmore, CHARTER 69, Edward Archer Wilde, and Thomas Wing shall be Members of the first Council until the first General Meeting of the Society for the election of the President, Vice-President, and the Council, shall be held in pursuance of these presents. X. And we further will and declare, that the Council of the Council to Society shall have power, from time to time, at their Meetings, to Mraibers. be held at the times and places to be directed by the Bye-laws of the Society, to appoint and elect, in the manner to be directed by such Bye-laws, such persons as they shall think fit, being Attorneys, Sohcitors, or. Proctors practising within our United Kingdom of Great Britain and Ireland, or Writers to the Signet, or Writers in our Courts of Justice in that part of our United Kingdom called Scotland, or being persons who shall have practised as Attorneys, Solicitors, or Proctors, within our United Kingdom, or as Writers to the Signet, or as Writers in our Coiurts of Justice in Scotland, and shall have voluntarily retired from such practice (not being Barristers) to be Members of the Society. XI. And we further will that, subject and without prejudice to S'^p""'., the powers hereinafter vested in the General Meetings of the Society, * """^ ' the Council shall have the sole and entire management of the Society and of the income and property thereof, for the uses, purposes, and benefit of the Society, and shall have the sole and exclusive right of nominating and appointing a Secretary, Librarian, and such other OfiBcers, Clerks, Attendants, and Servants, as they may deem neces- sary or useful to the Society, and of removing them if they shall think fit, and shall prescribe their respective duties : And that it shall and may be lawful for the Council, or any five or more of them, to assemble and meet together when and as often as they shall think fit until the passing of the Bye-laws of the Society, and from and after the passing of such Bye-laws at such times and places as shall be du-ected by the said Bye-laws, and from time to time to do all such acts as shall appear to them, or the majority of the Council then present, necessary or fitting to be done, in order to carry into fuU operation and effect the object and purposes of the Society, so always that the same be not inconsistent with or repugnant to the provisions of this our Charter, or any existing Bye-law, Ordinance, or Begulation made, ordered, or agreed upon at any General Meeting of the Members of the Society, or the Laws and Statutes of this our Eealm. XII. And we do hereby further grant and declare, that at any General General Meeting it shall and may be lawful for the Members of the may make Society, or such of them as shall be then present, to ordam and bye-laws, make such and so many bye-laws, rules, orders, and ordinances, as to them, or the major part of them, shall seem necessary, convenient, and proper for the regulation and good government of the Society, and of the Members and affairs thereof, and for fixing and deter- mining the number of Members of which the Council shall consist, and the manner of electing the President and Vice-President and 70 CHAETER reasonable penilties ; und alter ]jye-laws, Geaeral Meeting to be laekl within six calendar montlis, and an Annual lileeting in the mouth of Mail, and otlier Cleneral Meetings &s required and directed, At General Meetings the President or the Vice- President, or one of tlie Council, or one of the Members, to be chosen Ohairman. Charter to be liberally construed. Other Members of the Council, and also the period of their con- tinuance in office, and the manner and time in which any vacancy in the office of President or Vice-President, or any vacancies in the Council, by death, resignation, disquaUfication, or otherwise, shall be supplied, and for regulating the times and places at which meet- ing^ of the Council shall be held, and the manner of appointing or admitting persons to be Members of the Society, and of removing or expelling Members from the Society, and fixing the conditions upon and the manner in which persons, being eligible to become Members of the Society, but not resident in England, may be admitted as subscribers to the Hall and Library and other rooms of the Society, or any of them or any part thereof, and the conditions upon and the manner in which Clerks serving under Articles, or who have served their Articles to Members of the Society, may be ad- mitted to the said Library, and for convening the ordinary or any special Meetings of the Members, and generally for carrying the objects for which the Society is founded into full and complete effect, with reasonable penalties, fines, and amerciaments, to be contained in such bye-laws, on the offenders, for non-performance of, or for disobedience to the same ; and the said bye-laws, rules, orders, and ordinances, penalties, fines, and amerciaments, or any of them, from time to time to alter, change or annul, as the said General Meeting shall think requisite, and to mitigate the same as they shall find cause, so as all and singular such bye-laws, rules, orders, and ordinances, penalties, fines, and amerciaments be reasonable, and not repugnant or contrary to the Laws and Statutes of this our Eealm. XIII. And our will and pleasure is that a General Meeting of the Members of the Society shall be held within the space of six calendar months after the date of these presents for the making and ordaining bye-laws, rules, orders, and ordinances for the government of the Society ; and that an Annual Meeting shall thereafter be held in the month of May in every year, or as sooii thereafter as conve- niently may be, for the election of the President, Vice-President, and the Council, and for other purposes of the Society ; and that other General Meetings may be held from time to time as occasion shall require, and as the bye-laws shall direct. XIV. And we will that, at all General Meetings, the President of the Society, if he shall be present, and if not, then the Vice- President, and in the absence of the President and Vice-President, then some one of the Members of the Council, to be chosen by the Council ; and in the absence of the President, Vice-President, and all the Members of the Council, then some Member of the Society, to be chosen at the Meeting, shall preside as chairman. XV. And lastly, we do by these presents, for ns, oiu- heu-s and successors, grant unto the said Corporation hereby established, and their successors, that these our letters patent, or the enrolment or exemplification thereof, shall be in and by all things good, firm, valid, sufficient, and effectual in the law, according to the true CHAETEE 71 intent and meaning thereof, and shall be taken, construed, and judged in the most favom-able and beneficial sense for the best advantage of the said Corporation and their successors, as well in all our Courts of Eecord as elsewhere, by all and singular Judges, Justices, OfiBcers, Ministers, and other subjects whatsoever of us, our heu-s and successors, any non -recital, mis-recital, or any other omission, imperfection, defect, matter, cause, or thing whatsoever to the contrary thereof in anywise notwithstanding. In witness •whereof, We have caused these our Letters to be made Patent. Witness oiurself at our Palace at Westminster this Twenty-sixth day of February, in the Eighth Year of our Beign. By Writ of Privy Seal. EDMUNDS. 72 SUPPLEJIENTAL CHARTER SUPPLEMENTAL CHARTER Nov. 26, Victoria, by the Grace of God of the United Kingdom of Great 11)72. Britain and Ireland, Queen, Defender of the Faith, to all to whom these presents shall come, greeting. "Whereas our Royal prede- cessor King William the Fourth, late King of England, by his Letters Patent under the Great Seal of Great Britain and Ireland, bearing date at Westminster the twenty- second day of December, in the Second Year of his Eeign, did grant, constitute, declare, and appoint that Thomas Adlington, Jonathan Brundrett, George Frere, and William Tooke, and all such other persons being Attorneys, Solicitors, or Proctors practising within the United Kingdom, or as Writers to the Signet, or Writers in the Courts of Justice in Scot- land, or being persons who had so practised, and should have voluntarily retired from such practice, as then were or should thereafter become qualified as thereinafter mentioned, should be and be called one body politic and corporate in deed and in law, by the name and style of ' The Society of Attorneys, Solicitors, Proc- tors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' and them by the name of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristei-s, practising in the Courts of Law and Equity of the United Kingdom,' did make, erect, order and constitute, establish, confirm and declare to be one body politic and corporate in deed and in law, for ever ; and did grant to the Society thereby incor- porated divers powers, liberties, and privileges in the same Letters^ Patent mentioned. And whereas the Society did by deed dated the 22nd day of February, in the Eighth Year of our Eeign, surrender into our hands the Charter of Incorporation so granted to them by our Eoyal Predecessor King William the Fourth, on the 22nd day of December, in the Second Year of his Eeign ; And whereas we did, by our Letters Patent under the Great Seal of Great Britain and Ireland, bearing date at Westminster, the 26th day of February, in the Eighth Year of our Eeign, grant, constitute, declare, and appoint that Edward Foss and Michael Clayton, and the several other persons who were Members of the Society at the time when the Charter of Incorporation was surrendered into om- hands, and all such other persons being Attorneys, Solicitors, or Proctors practising within our United Kingdom of Great Britain and Ire- land, or Writers to the Signet, or Writers in ovu^ Courts of Justice in that part of our United Kingdom called Scotland, or being per- sons who should have practised as Attorneys, Solicitors, or Proctors. SUPPLEMENTAL CHARTER 73 within our United Kingdom, or as Writers to the Signet, or Writers in our Courts of Justice in Scotland, and should have voluntarily retired from such practice (not being Barristers), as should from time to time be elected Members of the Society in the manner thereinafter directed, and their respective successors, should for ever thereafter be and be called one body poUtic and corporate, in deed and in law, by the name and style of ' The Society of Attor- neys, Solicitors, Proctors, and others not being Barristers, prac- tising in the Courts of Law and Equity of the United Kingdom,' and them by the name and style of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' did make, erect, ordain, and constitute, estabhsh, confirm, and declare to be one body pohtic and corporate in deed and in law, for ever. And did grant to the Society thereby incorporated divers powers, liber- ties, and privileges in the same Letters Patent mentioned. And we did thereby also grant and declare that for the better rule and government of the Society, and for the better direction and manage- ment of the concerns thereof, there should be a Council of the Society to be elected from among such of the Members of the Society as should be Attorneys, Sohcitors, or Proctors, practising in England, and a President and Vice-President of the Society, to be elected from the Council, and that such Council, including the President and Vice-President, should consist of not more than thirty nor less than twenty Members, and that the Council should have the powers therein mentioned (exercisable by a quorum of five). And we did thereby further grant and declare that at any General Meeting it should be lawful for the Members, or such of them as should be then present, to ordain and make such and so many bye-laws, rules, orders, and ordinances, as to them, or the major part of them, should seem necessary, convenient, and proper for (among other objects therein mentioned) fixing and determining the numbers of which the Council should consist, and the manner of electing the President and Vice-President, and other Members of the Council, and also the Period of their continuance in office, and the manner and time in which any vacancy in the office of President or Vice-President, or any vacancies in the Council by death, resignation, disqualification, or otherwise, should be supplied. And whereas it has been represented to us that the number of Members of the Society has greatly increased since the date of the last-recited Charter, and that a much larger amoirnt of business than heretofore has devolved on the Council of the Society, and that it would be expedient that power should be conferred upon the- Society to increase the number of the Members of the Coimcil, and that it would be also expedient and would extend the usefulness of the Society if power were conferred on the Council to nominate a limited number of Presidents of other Law Societies, established in the United Kingdom for like purposes, to represent such other 74 SUPPLEMENTAL CHAETEE Council not to exceed fifty iu unmber. Societies on the Council as Extraordinary Members thereof: And the said Society have by their Petition hiunbly besought us to grant to them our Boyal Charter for carrying into effect the above- mentioned objects in manner hereinafter appearing : Now therefore know ye, that we, taking the premises into our Eoyal consideration, and out of an earnest desire to promote the public good and to facilitate the performance of the duties of the said Society, do of oiu: special grace for ourselves, our heu's, and successors, give and grant unto oui trusty and weU-beloved sub- jects, the ' Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' that for the better rule and government of the Society, and for the better management and direction of the con- cerns thereof, the Council of the said Society, including the Presi- dent and Vice-President, shall consist of not more than fifty, nor less than twenty Members, exclusive of Extraordinary Members of CouncU, to be elected as after mentioned. And we do further grant that, in addition to the ordinary Members of Council, any Member of the said Incoi-porated Society holding at the time of his appointment or election the ofi&ce of President of any other Law Society, established at any place in the United Kingdom (except the Metropolis) for like or kindred purposes, shall be eligible to be appointed or elected by the Council an Extraordinary Mem- ber of Council, with the same powers and duties during his term of office as such Extraordinary Member as by the last-recited Charter are given to an ordinary Member of Council, except that an Extra- ordinary Member of Council shall not be eligible for President or Extra- Vice-President of the Society ; but the number of Extraordinary °;di™i'^5' Members of CouncU holding office at one time shall not exceed toexoSd ten ^^^i ^^'^ Extraordinary Members are to be elected at the first iu mimber. Meeting of the Council after the First of October in any year, and to hold office, unless vacated by death or resignation, until the Meeting of the Council next after the First of October in the year following. And we will and declare that the powers given to a General Meeting by the said last recited Charter of making and ordaining bye-laws, rules, orders, and ordinances, for fixing and determining the number of Members of which the Council shall consist, and the manner of electing Members of the Council, and also the period and time of their continuing in office, and the manner and time of supplying vacancies, shall continue applicable to the ordinary Members of Council, regard bemg had to the enlargement iu the mmiber of ordinary Blembers of Council hereby authorised. In Witness whereof we have caused these our Letters to be made Patent. Witness ourself at our Palace at Westminster, this Twenty- sixth day of November, in the Thirty-sixth Year of our Pieigu. By Her Majesty's command. CAEDEW. 75 BYE-LAWS OF IHE SOCIETY I.— INTEKPKETATION. 1, 'hi i\m Sije-f afos : 'The Society' means 'the Society of Attorneys, Solicitors, intevpie- Proctors, and others not being Barristers, practising in t"*'"" "* the Courts of Law and Equity of the United Kingdom,' incorporated and regulated by Eoyal Charter, dated the 26th day of February, 1845, and by a supplemental Chatter dated the 26th day of November, 1872. 'The Charter' includes the said Boyal Charter and supple- mental Charter. ' The Council ' means the Comicil of the Society. * Member ' means a member of the Society. '-The Secretary' means the Secretary of the Society, and inchides any deputy or person temporarily fulfilling the duties of the office. ' Begulations ' means regulations made by the Cou.ncil. ' Month ' means calendar month. II.— MEMBEES. 2. (i.) A candidate for election as a member of the Society must ^^po^ai possess one of the qualifications required by the Charter, and must dates be proposed by a member of the Society. (ii.) The proposal must be by writing addressed to the Secretary in the form prescribed by regulations, and must be signed by the proposer and by the candidate, who shall thereby undertake, if elected, to conform to the Charter, bye-laws and regulations of the Society. 3.- (i.) Candidates shall, in accordance with the Charter, be Mode of elected by the Council, and the election shall be by ballot. eleotioa. (ii.) A candidate may be balloted for, as soon as conveniently may be, after the receipt of the proposal ; and shall be elected unless there shall be black balls in the proportion of one out of five balls. 4. (i.) A candidate elected shall be admitted a member on Admission ^ as member. 76 BYE-LAWS OF THE SOCIETY Annual Sub- scription. Provision in default of payment. Resignation of members. Roll-book of names, &c., of members. Roll-book of members to be evidence. Service of notices. Suspension of members. payment of such annual subscription or proportion thereof as may, from time to time, be fixed by the Council. (ii.) Until admittted, a candidate elected shall not be entitled to exercise any of the rights or privileges of a member. 5. (i.) The amount of the annual subscription payable by mem- bers, and the time of payment, shall, from time to time, be fixed by the Council. (ii.) In fixing the amount of the annual subscription the Council shall be at liberty to divide members into classes, and to provide that different amounts shall be payable by different classes and extend over different periods ; and generally to regulate, and from time to time to vary, the subscriptions payable by members, or by different classes of members, as the Council may think fit. 6. If any member fails to pay his annual subscription within , three months after it has become due, the Secretary shall by letter draw his attention to the fact ; and if the subscription in arrear is not paid within seven days from the date of such letter or within such further time as the Council may gi-ant, such member may, by a resolution of the Council, be excluded from the Society, and shall thereupon cease to be a member. 7. A member may retire from the Society by sending in his resignation in writing to the Council. 8. (i.) The name and place of business of every member shall be entered in a book to be kept by the Secretary for that purpose, to be called the KoU-Book of Slembers. The residence of a mem- ber who has ceased to take out his certificate shall be deemed his place of business. (ii.) Any member who shall at any time change his place of business shall immediately give notice thereof in writing to the Secretary. 9 The RoU-Book of Members shall, for all the purposes of the Society, be deemed to contain a correct list of the members and of their respective places of business. 10. Every letter or notice relating to any matter concerning the Society, which shall be sent by the Secretary, or by the Council, to a member by the post, addressed to him by his name and place of business as entered in the Koll-Book, shall be deemed to have been properly sent, and he shall be deemed to have sufBcient notice of the contents of such letter or notice. 11. The Council may suspend any member from using the Hall or Library or any of the rooms belonging to the Society, and from . the exercise of all other rights and privileges of a member during such period as they may think fit, not extending beyond the next general meeting, for any cause which shall, in their opinion, render such suspension necessary or expedient : Provided that at least sixteen members of the Council must be present at the meeting at which the suspension shall be resolved on, and twelve at least of the members present must consent thereto. BYE-LAWS OF THE SOCIETY 77 12. (i.) If it shall appear to the Council, or shall be represented Expulsion to the Council by a requisition in writing signed by three or more f" mis- members, that there is reason to believe that any member has been "'"^ '"' " guilty of conduct which, in the absence of satisfactory explanation, would render him unfit to remain a member, the Council shall send to such member a statement in writing of the conduct im- puted to him, and shall afford him an opportunity of giving an explanation in writing or in person as he may elect. (ii.) If, on the consideration of such explanation, or in the absence of any explanation, the Council shall be of opinion that such member ought to be expelled from the Society, they shall state their opinion in the form of a report to be laid before a general meeting of the Society, and such member shall be Uable, by reso- lution of such meeting, to be excluded from the Society, and if such resolution be passed, he shall cease to be a member thereof. III.— GENERAL MEETINGS. (i.) Annual General Meeting. 13. The annual general meeting shall always be held in London, Place of on a date to be fixed by the Council. annuiii 14. (i.) Notice of every annual general meeting shaU be affixed meeting. in the Hall of the Society, and sent thirty-five clear days before Notice of the day for holding the same to the Secretaries of the Provincial annual Law Societies who have registered their names with the Secretary ^^ t"' of the Society for the information of such of their Members as are Members of the Society, and be published in such of the legal news- papers as may from tinae to time be named by the Council, and such notice shall state the names of the Members of the Council retiring by rotation, and which of them, so far as known, will be nominated for re-election, and shall also state what other vacancies (if any) «xist. (ii.) Notice of every annual general meeting shall also be sent to «ach member, by the Secretary, at least fourteen clear days before the day for holding the same ; and such second notice shall specify the candidates nominated to fill the vacancies in the Council, and in the offices of President, Vice-President, and Auditors, and also the names and addresses of those by whom they are nominated, not heing less than two nor more than ten in number. 15. The business of an annual general meeting shall be the Business of alection of President, Vice-President, and Members of Council as ''^^^^\ directed by the Charter, and also the election of Auditors ; the meeting. reception of the accounts submitted by the Auditors for approval, the reception of the Annual Eeport of the Council, and the disposal of business introduced by the Council, and of any other matter which may consistently with the Charter and bye-laws be intro- duced at such meeting. 78 BYE-LAWS OF THE SOCIETY Notice of motions. 16. Notice in -writing must be given to the Secretary, at least twenty-one clear days before the day for holding any annual .general meeting, of any motion to be moved at such meeting. Order of 17. The order of proceedings at an annual general meeting shaU proceedings ^^ ^S foUoWS :— at annual general meeting. Council may call special general meetings. (i.) The Chair shall be taken as directed by Bye-law 27. (ii.) The minutes of the preceding annual general meeting and of all intermediate special general meetings shall be read. (iii.) The Chairman shaU submit the names of the candidates duly nominated for the offices of President and Vice-Presi- dent for the ensuing year ; and the election of a President and Vice-President shall take place subject to the pro- visions hereinafter contained for a poU by voting papers, if necessary. (iv.) The Chairman shall submit the names of the candidates duly nominated to fill the vacancies in the Council and in the office of Auditor, and the election of persons to fill sucli vacancies shaU take place, subject to the provisions herein- after contained for a poU by voting papers if necessary. (v.) The accounts signed by the Auditors shall be submitted to the meeting. (vi.) The Annual Report of the Council shall be submitted to the meeting. (vii.) Any business introduced by the Council shall then be submitted to the meeting. (viii.) Any other business which may consistently with the Charter and Bye-laws be entertained shall be submitted to the meeting. (ix.) The Chairman may vary the order of the proceedings. (x.) In case the meeting shall be adjourned for any other purpose than that of election to fill any vacancies, the business to be transacted at the adjom-ned meeting shall be specified previous to the adjournment taking place, and shall be entered on the minutes, and no business shall be transacted at such adjourned meeting which shall not have been so specified and entered. (ii.) Special General Meetings. 18. (i.) A special general meeting of the memoers may at any time be called by the Coimcil. (ii.) Notice of every such meeting shall (except in ease of urgency, when it may be dispensed with) be put up in the Hall of the Society thirty-five clear days before the day for holding the same, (iii.) Notice in writing must be given to the Secretary, at least twenty-one clear days before the day for holding any such meeting, of any motion to be moved at such meeting. BYE-LAWS OF THE SOCIETY 79 19. Twenty or more members may at any time, by writing Twenty imder their hands, require the Council to call a special general ™^'"'"='^^ . meeting for any object connected with the Society. ^Miaf""" 20. Every requisition to the Council for calling a special general g™<:i;ai meeting shaU be sent to the Secretary, and shall express the object p^*™ j', for which such meeting is to be called ; and it shall be incumbent of requisi- on the Council to call a meeting in pursuance thereof, to be holden tion. not later than twenty-eight clear days from the receipt of such requisition. 21. If the Cotmcil shall not call such special general meeting, Ten mcm- any ten of the members who signed the requisition may send to the b^re ni.iy Secretary a notice specifying a day and time for holding such ifComcTi"^ meeting, not being earlier than fourteen days from the time of the refuse. receipt of such notice, and it shall be the duty of the Secretary to call such meeting accordingly. 22. Notice of every special general meeting, specifying the Kotice of object of it and on whose requisition it is called, shall be affixed in special the Hall of the Society, and also sent to each member by the meetiug. Secretary seven clear days at least before the day for holding the meeting. 23. No business shall be transacted at a special general meeting Limitation other than business of which notice has been given. of business 24. At special general meetings the order of the proceedings meeting!' shall, so far as applicable, be the same as at annual general order of meetings. proceediuj-3 at special (iii.) Provisions common to all General Meetings. meetings. 25. All general meetings shall be held in the Hall of the Society, Place of or such other place in London or elsewhere as the CouncU shall 8«"erai^^ appoint, but the annual general meeting shall not be held out of ™™ "'"^' London. 86. (i.) To constitute a general meeting there must be at least Quorum. twenty members present. (ii.) In case, within half an hour after the time appointed for a general meeting, twenty members are not present, the meeting, if called on requisition, fails, and shall not be held ; but if not so called, the meeting shall be adjourned to a day and hour to be fixed by a majority of the members present, and if within half an hour after the hour so fixed twenty members are not present, then the meeting fails and shall not be held. 27. At all general meetings the President of the Society, if he Chairman. shall be present, and if not, then the Vice-President, and in the absence of the President and Vice-President, then some one of the members of the CouncU, to be chosen by the Council, and in the absence of the President, Vice-President, and all the members of the Council, then some member of the Society, to be chosen at the meeting, shall preside as Chairman, in accordance with the provisions of the Charter. 80 BYE-LAWS OF THE SOCIETY Adjourn- ment. Deeision of questions at general meeting. l^"otice of motion as to altera- tion of bye-laws. Confirma- tion requi- site in certain «ase&. Power to adopt notice of motion. Rules of debate. 28. (i.) Every general meeting shall have power to adjourn to a future day. (ii.) Whenever a general meeting shall, in consequence of the non-attendance of a sufficient number of members, or by the resolution of the members present, be adjourned to a future day, notice thereof shall be sent to every member. 29. Except where otherwise provided by these bye-laws, all questions shall be decided by a majority of the members personally present and voting, and in all cases, including the case of a con- tested election, the Chairman shall in the event of an equality of votes, have a second or casting vote. 30. Notice of any motion for the repeal or alteration of any bye-law, or the enactment of any new bye-law, whether originating with the Cotmcil or otherwise, shall be afi&xed in the Hall of the Society and sent to each member at least seven clear days before the day of meeting ; and if it shall be necessary to confirm such repeal or alteration, or such new bye-law, notice thereof shall be affixed in the Hall of the Society, and sent to each member. 31. If the repeal or alteration of any bye-law, or the enactment of any new bye-law, shall be proposed by the Council, such repeal or alteration, or such new bye-law, if carried at the meeting at which it shall have been proposed, shall be binding without con- firmation ; if proposed by an individual member of the Society, the same shall not be binding unless it shall be adopted by the Council, or confirmed at the next general meeting. 32. Whenever a notice of motion has been given by a member, and included in the notice convening a general meeting, if the member who gave the notice is not present and has not withdrawn it, any member then present may, if authorised in writing by the person who gave the notice, adopt it as his own, and move as if the notice of motion had been given by him. 33. The following Eules of Debate shall be observed at all general meetings : — (i.) In case debate shall arise on any subject, no member shall be permitted to speak more than once on the same ques- tion except that the mover of any resolution shall be allowed to speak in reply, after which the debate shall be closed. (ii.) The mover of an original motion shall not, against the evident sense of the meeting as expressed by the Chairman, speak for more than fifteen minutes ; no other speaker shall nor shall the mover in reply, as against such evident sense expressed as aforesaid, speak for more than ten minutes. (iii.) Any member desiring to move the previous question, or that the question be not put, shall do so by moving that the meeting do proceed to the next business. BYE-LAWS OF THE SOCIETY 81 (iv.) The mover of a motion for the adjoiirnment either of the meeting or of the debate, or that the question be now put, or that the meeting do proceed to the next business, may speak for not more than five minutes, and any such motion shall be seconded without a speech. One member (the mover of the motion or amendment under discussion to have the preference) may speak for five minutes in opposition to any such motion, wliich shall then be put by the Chairman without debate. (v.) A member who has spoken may, by permission of the Chairman, be again heard in explanation ; but he shall not introduce new matter, or interrupt a member who is speaking. (vi.) "Whenever an amendment on an original motion has been moved and seconded, no second or subsequent amendment shall be moved untU the first amendment shall have been disposed of. If an amendment be carried, the motion as amended shall take the place of the original motion, and shall become the question on which any further amendment may be moved. (vii.) No member shall move more than one amendment on any motion. (viii.) The Chairman may call the attention of the meeting to continued irrelevance, tedious repetition, unbecoming language, or any breach of order on the part of a member, and may direct such member to discontinue his speech. 34. No resolution shall be binding on the Society until it has Adoption been adopted by the CouncU, or has been confirmed at the. .next ''? ^°™'^'^ general meeting, and it shall be the duty of the Council, if they do tions. not adopt the resolution, to bring the same before the next general meeting accordingly. Provided that this bye-law shall not apply to the case of repeal or alteration of a bye-law or the enactment of a new bye-law or resolution proposed by the Council and carried at . the meeting at which it shall have been proposed. 35. It shaU not be competent for the Chairman of a general Rc-Miiction meeting, without the express sanction of the Council, to allow any ^^ ''' discussion to take place on any matter, or to put to the meeting any "^yjousiy resolution thereon, if it appears to him that the question raised on (UFcussed. such discussion or resolution has in substance been decided at any general meeting held within the twelve months immediately *" ~. preceding. ' .,i 36. In all cases of dispute, doubt, or difficulty respecting or Dscition of arising out of matters of procedure or order, the decision of the ^^^'^'^ Chairman shall be final and conclusive. 37. Minutes of the proceedings of every general meeting shall be Mloutes kept in a book to be provided for that purpose, arid; signed by the fifif" °'^" Chairman at the nest succeeding annual general meeting. -'"' 8-. BYE-LAWS OF THE SOCIETY Irregntari- ties. 38. In case any irregularity sliall occur in tlie convening or holding of any general meeting, or in any election or other proceed- ings taking place at any such meeting, and the same shall not be j>nblicly noticed and objected to at such meeting, all proceedings of such meetings shall be of the same force and validity as if no such irregularity had occurred; but if any irregularity shall be publicly noticed -and objected to, the meeting shall decide thereon, and such decision shall be final and conclusive. Kiitri'ic-r of members. Rotation of Rcslguation of office. Disqas'i- fication for oCQce. vacancies, Nomlr-a- tion of members. IV.— THE COUNCIL. 39. The Couucil, exclusive of the extraordmary members of the Council, to be elected under the Supplemental Charter of the Society as hereinafter mentioned, shall consist of forty members, who shall be competent to act until reduced by any means below the number of twenty. 40. On the day of the annual general meeting in each year, the ten members of the Council who have been longest in office shall go out of office, and their places shall be filled by election, and any case of doubt or difficulty arising as between members who have been in office for the same length of time shall be decided by agree- ment among those members, or in default of agreement, then by lot. A retiring member is eligible for re-election. The outgoing members of the Council shall be considered as in office not only until the meeting shall break up or adjoiu'n, but until others shall be respectively elected in their place. 41. Any member of the Council desirous of vacating his office may send in his resignation in writing to the Council, and on the acceptance of such resignation by the Council his office shall become vacant, and not before. 4?. The office of a member of the Council is vacated by disquali- fication if a competent Court declares that he has committed an act of bankruptcy, or if he becomes of unsound mind, or if he abstains, without leave, from attending the meetings of the Council for a period of six months consecutively ; and a resolution of the Council declaring him disquaUfied as aforesaid shall be conclusive as to the fact and grounds of disquaUfication stated in the resolution. 43. A casual vacancy among the members of the Council, arising by death, resignation, disqualification or otherwise, shall be fiUed by election at the next annual general meeting. 44. At any time after the last annual general meeting, and not less than twenty-one clear days before the day fixed for the next annual general meeting, any members, not being less than two nor more than ten, may give to the Secretary a notice or notices in writing, signed by them, nominating any qualified member or members as a member or members of the Council, and specifying the name and address of the candidate or candidates, and such noiice or notices, or the purport thereof, shall, fourteen clear days BYE-LAWS OF THE SOCIETY 83 before the date of the annual general meeting, be affixed by the Secretary in the Hall of the Society, and sent to the members. 45. (i.) The Chairman of the annual general meeting shall state iiode of the names of the candidates duly nominated to fill the vacancies «'™"^"- announced, and if the candidates nominated are not more in number than the vacancies, the persons so nominated shall be deemed and declared to be elected. (ii.) If the candidates nominated are more in number than the vacancies, any of the candidates in excess of the number to be elected may withdraw or may be withdrawn by the nominators, ■n-ith the consent of the meeting ; but if all the candidates in excess of the number to be elected are not so withdrawn, the election shall be conducted by voting papers as hereinafter provided. (iii.) If an election by voting papers be necessary, the Chair- man shall forthwith appoint five scrutineers fi.-om among the members other than the candidates, to receive and examine the voting papers, and to certify the result of the election. Three scrutineers shall be a quorum, and the death of one or more of the scrutineers shall not affect the election. If by death, or refusal, or incapacity to act, the number of scrutineers be reduced below three, a member to supply each vacancy shall forthwith be nominated by the President or Vice-President for the time being. (iv.) The Chairman shall then fix a day, to which the meeting shall, at the conclusion of the other business, stand adjourned for the pm-pose of receiving the scrutineers' report. 46. If an election by voting papers is necessary, the proceedings Poll by vot- shaU be as follows :— '"s parci-.. (i.) The Secretary shall with all convenient speed forward a voting paper to every member. The voting paper shall be in such form as the Council shall direct, and shall contain the following particulars : — (a) The names in alphabetical order and addresses of the candidates nominated, and the names and addresses of their respective nominators, the names of retiring mem- bei's of the Council being shown by a distinctive mark. (6) The number and nature of the vacancy or vacancies to be filled up. (c) The day on or previous to which the voting paper must be returned. (fZ) A notice that the names of the candidates for whom the member does not intend to vote must be struck out in ink prior to the signature of the voting paper, and that if the voting paper be returned unsigned, or incomplete, or after the prescribed date, or with more names left uncan- celled than there are vacancies to fill up, it will be void. (e) A printed certificate at the foot, to be signed by the member, to the effect that the names struck out were struck out prior to his signing the voting paper. g2 81 BYE-LAWS OF THE SOCIETY Extraordi- iiai-y mem- bers of C'onucil. Suspension of jnembei-3 of Council. General meeting on suspension of member of Council. Power to make regu- lations. (/) The printed name and address of the Secretary for the return of the voting paper, (ii.) The voting papers, duly sealed or otherwise fastened up, shall be delivered or returned by post prepaid to the Secre- tary four clear days before that fixed for the adjourned meeting, and the Secretary shall place them unopened in a box, and so deliver them to the scrutineers, by whom alone they shall be opened and examined. As soon as the voting papers have been examined and the result of the election ascertained, the voting papers shall be closed up imder the seals of the scrutineers, or any three of them, and shall be retained by them for one month after the election, when they shall be destroyed by the scrutineers, (iii.) Tlie report of the scrutineers shall be signed by them, and shall contain the following particulars : — (a) The total number of voting papers received. (6) The number (if any) rejected, and the grounds of rejection. ((■) The total number of votes in favour of each candidate. (n-se of the court in which such reference shall be made ; and in case such reference shall be made in any court of common law, it shall be lawful for such court or any judge thereof to order judgment to be entered up for such amount, with costs, unless the Judgment retainer shall be disputed, or to make such other order thereon as ^^^^ such court or judge shall deem proper [54 & 55 Vic, c 67]. 44 and 45. [37 & 38 Vic, c. 96.] 46. [51 & 52 Vic, c. 65.] 47. Provided always that this Act or anything herein contained To what shall not extend or be construed to extend to the examination, ^^Ms'not to swearing, admission, or enrolment, or any rights or privileges of extend, any persons appointed to be solicitors to the Treasury, Customs, Excise, Post Office, Stamp Duties, or any other branch of her Majesty's Eevenue, or to the Solicitor of the City of London, or to the Assistant of the Council for the affairs of the Admiralty or Navy, or to the Solicitor to the Board of Ordnance [54 & 55 Vic, c 67]. 48. ... In the construction of this Act the word ' month ' shall Meaning of be taken to mean a calendar month ; and every word importing certain the singular number only shall extend and be applied to several t^g j^^t. persons, matters, or things, as well as one person, matter, or thing ; and every word importing the plural number shall extend and be applied to one person, matter, or thing, as well as several persons, matters, or things ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male ; and the word ' person ' shall extend to any body politic, corporate, or collegiate, municipal, civil, or ecclesiastical, aggregate or sole, as well as an individual ; unless in any of the cases aforesaid it be 104 THE SOLICITOUS ACT, 1£60 otherwise specially provided, or there be soraething in the subject or context repugnant to such construction [54 & 55 Vic, c. 67j. 49. [37 & 38 Vic, c, 96.] FIEST SCHEDULE First Part [37 & 38 Vic, c 96.] Second Part. For existing Acts referred to in Sec 1, see ' The Statutes Re- vised,' vol. vii., p. 99. SECOND SCHEDULE [56 & 57 Vic, c 54.] THIKD SCHEDULE [37 & 38 Vic, c. 96.] The Solicitors Act, 1860, 23 & 24 Vic, cap. 127. An Act to amend the Laws relating to Attorneys, Solicitors, Proctors, and Certificated Conveyancers. [August 28, 1860. Preamble, &c. [55 & 56 Vic, c 19]. lutefnrcta- ■'- ^^^ *^^ construction of this Act, unless there be something in tation cf the subject or context repugnant to such construction, the word terms. i attorney ' shall mean attorney of one or more of the Superior Courts of Law at Westminster ; the word ' solicitor ' shall mean solicitor of the High Court of Chancery ; the word ' Registrar ' shall mean Registrar of attorneys and solicitors ; the expression ' the RoU of Attorneys and Solicitors kept by the Registrar ' shaU mean the Roll or Book, RoUs or Books of Attorneys and Sohcitors, which by the first hereinbefore mentioned Act ' the Registrar is required to keep ; and the expression ' the Incorporated Law Society ' shall mean ' the Incorporated Society of attorneys, solicitors, proctors, and others, not being barristers, practising in the Courts of Law and Equity of the United Kingdom ' [55 & 50 Vic, c. 19]. ' The Solicitors Act, 1843, is the act in question. It is mentioned in the repealed preamble. 23 & 24 VIC, CAP. 127 105 2. . . . Any person having taken the degree of bachelor of arts Persons hav- or bachelor of laws in the University of Oxford, Cambridge, Dublin, a^fr^esTt Durham, or London, or in the Queen's University in Ireland, or certain uni- the degree of bachelor of arts, master of arts, bachelor of laves, or ™rsities doctor of laws in any of the Universities of Scotland, none of such admitted degrees being honorary degrees, and who at any time after having afterthree taken such degree, and either before or after the passing of this Act, l^foe, has been bound by and has duly sei'ved under articles of clerkship to a practising attorney or solicitor for the term of three years, and has been examined in manner directed by the first hereinbefore mentioned Act and by this Act, may be admitted and enrolled as an attorney or solicitor, and service for any part of the said term not exceeding one year with the London agent of such attorney or solicitor in the business, practice, or employment of an attorney or solicitor, either by virtue of any stipulation in such articles, or with the permission of such attorney or solicitor, shall be and be deemed to have been good service under such articles for such part of the said term [38 & 39 Vic, c. 66] [55 & 56 Vic, c 19] . 3. Every person who has been called to the degree of utter Persons barrister in England, and who, before becoming such barrister, has ^t thefbar^" been bound by contract in writing to serve as a clerk for the term may be ad- of five years, or who, after ceasing to be a barrister, has been bound fitted after by contract in writing to serve as a clerk for the term of three years, serricef*'^'* to a practising attorney or solicitor, and has in either of the said cases continued in such service for the term of three years, and during the whole of such three years served in such manner as is hereinbefore required in the case of persons who have taken degrees in the said Universities, and having been examined as aforesaid, after the expiration of such term of three years (the examination taking place, in the first-mentioned case, after the person has ceased to be a barrister), may be admitted and enrolled as an attorney or solicitor : Provided always, that in the case of any such person as aforesaid who has been bound for five years, it shall be necessary for such term to be determined with consent, as hereinbefore pro- vided in the case of persons having taken degrees, who may have been bound for five years before the passing of this Act [55 & 56 Vic, c 19]. 4. Any person who, either before or after the passing of this Act, Persons shall for the term of ten years have been a hond-fide clerk to an ^^^S}"^'^ attorney, solicitor, or proctor, or attorneys, solicitors, or proctors, cSks to and during that term should have been hond-fide engaged in the attorneys, transaction and performance, under the direction and superinten- pr^Jors^f,,"/ dence of such attorney, solicitor, or proctor, or attorneys, solicitors, ten years or proctors, of such matters of business as are usually transacted '^Fj°l *,?' , and performed by attorneys, solicitors, and proctors, and who shall three years' produce to the examiners satisfactory evidence that he has faith- service. fully, honestly, and diligently served as such clerk, and who after the expiration of the said term of ten years has been bound by and service. 106 THE SOLICITOBS ACT, 1860 has duly served under articles of clerkship to a practising attorney, solicitor, or proctor for the term of three years, and has been examined in manner directed by the first hereinbefore men- tioned Act and by this Act, may be admitted and enrolled as an attorney and solicitor, or proctor, and service for any part of the said term not exceeding one year with the London agent of such attorney, or solicitor, or proctor in the proper business, practice, or employment of an attorney, solicitor, or proctor, either by virtue of any stipulation in such articles, or with the permission of such attorney, solicitor, or proctor, shall be and be deemed to have been good service under such articles for such part of the said term [38 & 39 Vic, c. 66] [55 & 56 Vic, o. 19]. Judges may 5. The Lords Chief Justices of the Courts of Queen's Bench and Sttonsto" Common Pleas, jointly with the Master of the EoUs,i may, if they persons wiio think fit, from time to time, by regulations to be made by them, have passed direct that any person having successfully passed any examination examina- HOW or hereafter to be established in any of the Universities herein- tions before before mentioned, and to be specified in such regulations, may be admitted" '"' admitted and enrolled as an attorney or sohcitor, after having been after four subsequently bound by, and having duly served under articles of years' clerkship to a practising attorney or solicitor for the term of four years, and been examined as aforesaid ; and the said judges may from time to time revoke or alter such regulations as they think fit, but not so as to allow a less term of service than four years [55 & 56 Vic, c 19]. Sec. 6 of 6. Section six of the first hereinbefore mentioned Act shall apply 6 & 7 Vic, as well to any person bound as therein mentioned as a clerk to a tended to practising attorney or solicitor for the term of four years only, where persons under the said regulations that term is sufficient, as to any person fomySirr ^° bound for the term of five years, and shall be read and construed only. accordingly. 7. [51 & 52 Vic, c 65.] g } [40 & 41 Vic, c 25.] Articled 10- No person hereafter bound by articles of clerkship to any clerks not to attorney or solicitor shall, during the term of service mentioned in oflice°or^' such articles, hold any office or engage in any employment whatso- empioyment. ever other than the employment of clerk to such attorney or sohcitor, and his partner or partners (if any) in the business, practice, or employment of an attorney or solicitor, save as by the first hereinbefore mentioned Act or this Act otherwise provided ; and every person bound as aforesaid shall, before being admitted an attorney or solicitor, prove by the affidavit required under section fourteen of the first hereinbefore mentioned Act that he has not held any office or engaged in any employment contrary to this enactment, and the form of such affidavit as aforesaid shall be ' See 44 A 45 Vic, c 68, s. 24. 23 & 24 VIC, CAP. 127 107 varied by such addition thereto as may be necessary for this purpose. 11. [40 & 41 Vic, c. 25.] 12. Whenever any of the periods of three years, four years, and where the five yeajrs mentioned in this Act or in the first hereinbefore men- "''y^' '°™' tioned Act (whether the same period shall have commenced before years expire or after the passing of this Act) shall expire in any vacation, then in any and in such case any person whose, period of clerkship shall so Ixamination expire shall be at liberty to pass his examination in the term may take immediately preceding the said vacation; and at any time in or^P'^""'"^ after such vacation, and after the said period of clerkship shall ceding such have expired, the Master of the EoUs ... on being satisfied . . . vacation, that the period of clerkship of such person has expired . . . may do all . . . acts necessary for or towards the admission and enrolment of such person as a solicitor as provided in the said last-mentioned Act [51 & 52 Vic, c. 65]. 15. [40 & 41 Vic, c. 25.] 14. [38 & 39 Vic, c. 66] [40 & 41 Vic, c. 25.] 15.- Every person who has been admitted and enrolled as a Persons ad- writer to the signet, or a solicitor in the Supreme Courts of Scot- mitted as land, or as a procurator before any of the Sheriff Courts of Scotland, the'llgnrt, and who, after being so admitted and enrolled, has been bound by &o., maybe and has duly served under articles of clerkship in England or attornCTs* Wales to a practising attorney or solicitor for the term of three and years, and has been examined in manner directed by the first solicitors. hereiabefore mentioned Act and by this Act, may be admitted and enrolled as an attorney and solicitor ; and service for any part of the said term not exceeding one year with the London agent of such attorney or solicitor in the proper business, practice, or employment of an attorney or solicitor, either by virtue of any stipulation, or with the permission of such attorney or solicitor, shall be and be deemed to have been good service under such articles for such part of the said term [55 & 56 Vic, c 19]. 16. In every case where by statutory provision or by custom the Provision as qualification of a solicitor or attorney to hold any ofiice is his having ^ offioesof" been admitted and enrolled as an attorney or solicitor a prescribed solicitors period, every person who either before the passing of this Act has who have been or hereafter shall be called to the degree of utter barrister in barristers. England, and who having been subsequently disbarred has been admitted and enrolled as an attorney or solicitor, shall, in lieu of such qualification as aforesaid, be qualified to hold any such office on the completion of the prescribed period, to be reckoned from the date of such person being called to the degree of an utter barrister in England. 17. [51 & 52 Vic, c 65.] 18. Instead of separate annual stamped certificate for attorneys Registrar's and solicitors to be issued by the Commissioners of Inland Revenue to'^^?mfSe as now required by law, the stamp duties chargeable on such cer- the stamped 108 THE SOLICITOUS ACT, 1860 certificates of the Com- missioners of Inland Revenue. Tihe amount of stamp duty to be determined by the place of business. Tlie declara- tion, on applying for the Regis- trar's cer- tificate, to be in duplicate, and one copy to be left with the Commis- sioners. Fees for Registrar's certificate and for the examina- tions. But see p. 135. Certificate to be entered with the Registrar : the Com- missioners to supply particulars where stamped before January 2. tificates shall be denoted upon the Begistrar's certificate ; and upon any such certificate being stamped accordingly, and the date of the payment of the duty certified by the proper officer by writing under his hand, or by other sufficient means, the same shall be and be deemed the proper stamped certificate required by law to be taken out by the attorney or solicitor named therein [55 & 56 Vic, c. 19j. 19. For determming the rate of stamp duty payable on the cer- tificate, the place or places where the attorney or solicitor shaU carry on his business shall be deemed to be the place or places of his residence, within the meaning of the Acts relating to the stamp duties on certificates. . . . [40 & 41 Vic, o. 25]. 20. The declaration required to be made for the purpose of obtaining the Begistrar's certificate shall be made out and signed in duplicate, and one of such duplicates shall be delivered to and left with the Begistrar, and the other produced to him, and the duplicate so produced, together with the certificate granted on such declaration, shall be left with the Commissioners, or their proper officer, on applying to have the certificate stamped, and shall be and be deemed the note in writing required by law to be delivered to the Commissioners, or their officer, to entitle the attorney or solicitor to a stamped certificate ; and for every such certificate issued by the Begistrar, and the previous requisite search and enquiry, there shall be paid to him the simi of five shilUngs, and the Begistrar shall yearly render an account of all sums of money received in respect thereof, and of the application of the same to the Lords Chief Justices of the Courts of Queen's Bench and Common Pleas, jointly with the Master of the Bolls, who may from time to time, by order under their hands, climinish such sum as they think fit. . . . Pro- vided always, that a copy of such account so rendered as aforesaid shall be open to the inspection of any attorney or solicitor at the Hall of the Incorporated Law Society [40 & 41 Vic, c. 25] [55 & 56 Vic, c 19]. 21. For enabling the Begistrar to enter upon the roll of attorneys and solicitors kept by him a note or minute of the time of stamping every certificate, the Commissioners shall, whenever the same shall be required after the 15th day of February in every year, furnish to the Begistrar an account of the certificates issued between the 15th day of November and the 2nd day of January preceding, for which during the same period the stamp duties have been paid, specifying the names and places of business of the parties respectively to or for whom the same have been issued, and the dates of payment of the stamp duties ; or, in lieu of such account, the Commissioners at their option shall return to the Begistrar the aforesaid duplicate declarations to which such certificates relate, with a note or memorandum on each of them specifying the date of payment of the stamp duty for the certificate ; and the Begistrar shall upon such account being furnished, or such duplicate declara- 23 & 24 VIC, CAP. 127 109 tions being returned to him as aforesaid, enter such note or minute as aforesaid ; and in order to such entry being made in respect of Where certificates stamped at any other time every such last-mentioned fj™^^'' certificate shall, within a month of the payment of the duty, be pro- January l duced to the Begistrar, who shall thereupon make such entry and eertifloate to signify the same by a note or memorandum upon the certificate; by the "°^ and every such last-mentioned certificate which shall not be so party, to be produced within the said period shall have effect only as a quali- ™^^^a fication to practise from the time when it shall be produced : Pro- month. vided that it shall be lawful for the Master of the Eolls in the case of a solicitor, or one of the Superior Courts of Law at Westminster or one of the judges thereof, in the case of an attorney, at any time to make an order directing that any certificate not so produced shall have efiect upon and firom the time of stamping the same, or any subsequent period. 22. Every certificate issued by the Registrar between the 15th When certi- day of November and the 16th day of December in any year shall ^^"^°J"^^^ bear date on the 16th of November, and shall take effect on when to that day for all purposes, provided it be stamped before the 16th determine. day of December ; and in every such case the 16th day of November shall, for the purpose of this Act, be deemed to be the date of the pajrment of the duty ; but if such certificate be not so stamped, it shall take effect, as regards the qualification to practise, on the day on which it is stamped ; and every certificate issued at any other time shall bear date on the day on which it is issued, and subject to the provision herein contained relating to certificates stamped after the 1st day of January in any year, and not produced within a month to be entered by the Registrar, shall take effect as regards such qualification on the day on which it is stamped ; and every certificate shall be and continue in force from the day on which it shall take effect as aforesaid, until the 15th day of November next following, inclusive, and no longer : and any list of attorneys. Law List to solicitors, and conveyancers purporting to be published by the beprimd authority of the Commissioners of Inland Revenue, and to contain "evidence. the names of attorneys, solicitors, and conveyancers who have obtained stamped certificates for the current year on or before the 1st day of January in the same year, shall, until the contrary be made to appear, be evidence in all courts, and before all justices of the peace and others, that the persons named therein as attorneys, solicitors, or conveyancers holding such certificates as aforesaid for the current year are attorneys, solicitors, or conveyancers holding such certificates ; and the absence of the name of any person firom such Ust shall, until the contrary be made to appear, be evidence as aforesaid that such person is not qualified to practise as an attorney, solicitor, or conveyancer under a certificate for the current year ; but in the case of any person being an attorney or solicitor whose name does not appear in such list, an extract from the roll of attorneys and solicitors kept by the Registrar, certified under the 110 THE SOLIOITOKS ACT, 1860 Rule for striking at- torneys off the roll to be entered with the Registrar. Penalty for wrongfully acting as an attorney or solicitor. Power to Court of I Chancery to order paj-- ment of interest on costs in cer- tain cases. hand of the aecretary of the Incorporated Law Society (while snoh Society performs the duties of Registrar), or of the Registrar for the time being, shall be evidence as aforesaid of the facts appearing in such extract, and in the case of any person being a conveyancer whose name does not appear on such list, the fact of his being so shall be proved in the way in which it is now by law required to be proved. 23. [40 & 41 Vic, c. 25.] 24. ^Hiere the name of any attorney or solicitor is ordered to be struck off the roll of attorneys or solicitors of any court, on his o'mi application or on the application of any other person, the rule or order for that purpose shall forthwith, and before the same is acted upon, be produced to the Registrar, and the Registrar shall enter a note or minute of such rule or order in connection with the name of such attorney or solicitor on the roll of attorneys and solici- tors kept by the Registrar, and shall strike such name off such roll, and shall mark such rule or order as having been entered. 25. [44 & 45 Vic, c 59.] 26. Every person who acts as an attorney or solicitor contrary to the enactment in section two of tlie first hereinbefore mentioned Act, or who in his own name, or in the name of any other person, in anywise acts as a proctor in or with respect to any proceeding in the Court of Probate or the Court for Divorce and Matrimonial Causes, without being duly quaUfied so to act, shall be deemed guilty of a contempt of the court in which the action, suit, cause, matter, or proceeding in relation to which he so acts is brought, had, or taken, and may be punished accordingly, and shall be incapable of maintaining any action or suit for any fee or reward for or in respect of anything done or any disbursement made by him in the course of so acting, and shall, in addition to any other penalty or forfeiture and to any disability to which he may be subject, forfeit and pay for every such offence the sum of fifty pounds, to be recovered, with full costs of suit, by action brought with the sanction of Her Majesty's Attorney-General, in the name of the Incorporated Law Society, in any of the superior courts of law at Westminster, or in any county court, and such penalty shall be applied in like manner as fines imposed for practising without a stamped certificate are now by law applicable. 27. Whenever a decree or order is made by the Court of Chancery in which the payment of any costs previously taxed, either in the suit or proceeding in which such decree or order is made, or in any other suit or proceeding, is ordered, and whether the certificate of such previous taxation have been made before the passing of this Act, or be made thereafter, it shall be lawful for the court or judge making such decree or order to order and direct the amount of such costs as taxed, including the cost of taxation as ascertained by the said certificate, to be paid, with interest thereon, at the rate of four pounds per cent, per annum, from the date of 23 & 24 VIC, CAP. 127 111 the certificate, tiie amount of such interest to be verified by affidavit, and to be payable and recoverable out of the same fund or in the same manner as the amount of such costs. 28. In every case in which an attorney or solicitor shall be power to employed to prosecute or defend any suit, matter, or proceeding in courts of any court of justice, it shaU be lawful for the court or judge before oh^arge^o- whom any such suit, matter, or proceeding has been heard or shall perty re- be depending, to declare such attorney or solicitor entitled to a covered witu charge upon the property recovered or preserved, and upon such ooSa!™ declaration being made such attorney or solicitor shall have a charge upon and against and a right to payment out of the property, of whatsoever nature, tenure, or kiad the same may be, which shall have been recovered or preserved through the instrumentality of any such attorney or solicitor, for the taxed costs, charges, and ex- penses of or in reference to such suit, matter, or proceeding; and it shall be lawful for such court or judge to make such order or orders for taxation of and for raising and payment of such costs, charges, and expenses out of the said property as to such court or judge shall appear just and proper ; and all conveyances and acts done to defeat, or which shall operate to defeat, such charge or right, shall, unless made to a bond-fide pm-chaser for value without notice, be absolutely void, and of no effect as against such charge or right : Provided always, that no such order shall be made by any such court or judge in any case in which the right to recover payment of such costs, charges, and expenses is barred by any statute of limitations. 29. [53 Vic, c. 5.] 30. Every authority granted after the passing of this Act to any All future attorney to administer oaths and take declarations and affirmations ^""^orities in matters depending in any of the superior courts of law at West- ter oaths minster, or in the court of the Duchy Chamber of Lancaster at " ^^^l?"' "Westminster, or in any of the courts of the Counties Palatine of nJents to^be Lancaster and Durham, and every authority granted after the passing registered. of this Act to any solicitor to administer oaths and take declarations, affirmations, and attestations of honour in Chancery, and whether any such authority as aforesaid be to act in England or to act out of England, and every appointment made after the passing of this Act of any attorney or solicitor under section eighty-one of the Act of the session holden in the third and fourth years of King William the Fourth, ' for the Abolition of Pinefe and Recoveries, and for the Substitution of more simple Modes of Assurance,' to be a perpetual commissioner for taking acknowledgments of married women under that Act, shall, before any such authority or appointment is acted upon, be brought to the Registrar by the person to whom the same is granted, or some person on his behalf, and the registrar shall, in books to be kepi for that purpose, enter the particulars of every such authority or appointment^ and for the entry of every such authority or appointment the Registrar shall be paid by or on behalf of the 112 THE SOLICITOES ACT, 1860 Provisions for regis- tration of existing aiitliorities. Saving pro- visions en- abling otlier than attor- neys to act. Stamped certificates not to be issued to conveyan- cers under the bar without the benchers' annual per- mission. person having such authority or appointment the sum of one shilling, and the Begistrar shall mark such authority or appointment as having been entered and with the date of the entry, and such books shall at all times be open to public inspection during office homrs without fee or reward. 31. For enabling the Registrar to form a complete register of all such authorities and appointments as aforesaid, as well those granted or made before the passing of this Act as those granted or made thereafter, the principal secretary of the Lord Chancellor, or other the officer having the care and custody of the lists of authorities now in force for the purposes aforesaid, so far as they relate to the Court of Chancery, and the clerks of the Lords Chief Justices of the Courts of Queen's Bench and Common Pleas, or other the officers having the care and custody of the lists of authorities now in force for the purposes aforesaid, so far as they relate to such courts respectively, and the officers of the Court of the Duchy Chamber of Lancaster at Westminster, and the courts of the Counties Palatine of Lancaster and Durham, having the care and custody of the Usts of authorities now in force for the piu-poses aforesaid, so far as they relate to such courts respectively, and the officer of the Court of Common Pleas, with whom the certificate of the said acknowledg- ments of married women are lodged, so far as regards appointments now in force for taking the said acknowledgments, shall severally, at the expense of the registrar, prepare and transmit to such registrar, with all convenient speed after the passing of this Act, a list of the persons having such authorities and appointments as aforesaid, with the particulars thereof, and the places of business of such persons, and the Registrar shall enter the particulars of all such authorities and appointments now in force in books to be kept for that purpose, which shall be open to inspection as aforesaid [55 & 56 Vic, c. 19]. 32. [51 & 52 Vic, c. 65.] 33. Nothing in this Act shall extend to, repeal, prejudice, or affect any provision in any Act of Parliament in anywise enabling any person other than an Attorney or solicitor to conduct, defend, or otherwise act in relation to any suit, matter, or pro- ceeding. 34. It shall not be lawful for the Commissioners of Inland Revenue, or any of their officers, to grant or issue in any year to any person any such staruped certificate as is requu-ed to be taken out by every person who after the passing of this Act shall become a. member of one of the four Inns of Court in England practising under the bar as a conveyancer, unless and until he have left with the said Commissioners or their proper officer and order of the Benchers of the Inn of Court of which the applicant is a member granting him permission for that year to take out such certificate or a copy of such order certified under the hand of their treasurer, sub-treasurer, or steward : Provided always, that this clause shall 23 & 24 VIC, CAP. 127 113 not extend or apply to any person who at the time of the passing of this Act shall be lawfully practising as a certificated conveyancer [55 & 59 Vic, c. 19]. 35. This Act shall only extend to England and Wales, save as Act to herein otherwise expressly provided. a*|rand''and 36. The first hereinbefore mentioned Act and this Act shall be woies. construed together as one Act. 6 & 7 vic, c. 73, and this Act to Schedules bo as one. [40 & 41 Vic, c. 25.] 114 THE SOLICITORS ACT, 1870 The Solicitors Act, 1870, 33 & 34 Vic, cap. 28. An Act to amend the Law relating to the Bemunera'ion of Attorneys and Solicitors. [Jtt^y 14, 1870. Preamble, &o. [56 & 57 Vic, o. 54]. Short title. Extent of Act. luterpreta- tion of terms. Preliminary/. 1. This Act may be cited as the 'Attorneys and Solicitors Act, 1870.' 2. This Act shall not extend to Scotland. 3. In the construction of this Act, unless where the context otherwise requires, the words following have the significations hereinafter respectively assigned to them ; that is to say. The words ' attorney or solicitor ' mean an attorney, solicitor, or proctor, qualified according to the provisions of the Acts for the time being in force relating to the admission and qualification of attorneys, solicitors, or proctors : Person includes a corporation : ' Client ' includes any person who, as a principal or on behalf of another person, retains or employs, or is about to retain or employ, an attorney or solicitor, and any person who is or may be liable to pay the bill of an attorney or solicitor for any services, fees, costs, charges, or disbursements. Paet I.- -Agreenients between Attorneys or Solicitovt their Clients. and The remnne- 4. An attorney or solicitor may make an agreement in writing ration of at- with his client respecting the amount and manner of payment for solicitor™ ^^6 whole or any part of any past or future services, fees, charges, or may be fixed disbursements in respect of business done or to be done by such menf ^^" attorney or solicitor, whether as an attorney or solicitor or as an advocate or conveyancer, either by a gross sum, or by commission or percentage, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions 33 & 3i VIC, CAP. 28 115 and conditions in this part of this Act contained : Provided always, ^mouj,t that when any such agreement shall be made in respect of business payable done or to be done in any action at law or suit in equity, the amount ""der agree- payable under the agreement shall not be received by the attorney be paid until or solicitor until the agreement has been examined and allowed by allowed by a taxing officer of a court having power to enforce the agreement ; '^3°^ and if it shall appear to such taxing officer that the agreement is not fair and reasonable he may require the opinion of a court or a judge to be taken thereon by motion or petition, and such court or judge shall have power either to reduce the amount payable under the agreement or to order the agreement to be cancelled, and the costs, fees, charges, and disbursements in respect of the business done to be taxed in the same manner as if no such agreement had been made. 5. Such an agreement shall not affect the amount of, or any Saving of rights or remedies for the recovery of, any costs recoverable from t'j'^Jj'^^rties the client by any other person, or payable to the client by any other person, and any such other person may require any costs payable or recoverable by him to or from the client to be taxed according to the rules for the time being in force for the taxation of such costs, unless such person has otherwise agreed : Provided always that the client who has entered into such agreement shall not be entitled to recover from any other person under any order for the payment of any costs which are the subject of such agree- ment more than the amount payable by the client to his own attorney or solicitor under the same. 6. Such an agreement shall be deemed to exclude any further Agreements claim of the attorney or solicitor beyond the terms of the agree- furtber" " "^ ment in respect of any services, fees, charges, or disbursements in claims. relation to the conduct and completion of the business in reference to which the agreement is made, except such services, fees, charges, or disbursements, i£ any, as are expressly excepted by the agree- ment. 7. A provision in any such agreement that the attorney or Beseivatioa solicitor shall not be liable for negligence, or that he shall be relieved °' fpP?"^'- from any responsibility to which he would otherwise be subject as negi^ence. such attorney or solicitor, shall be wholly void. 8. No action or suit shall be brought or instituted upon any such Examina- agreement ; but every question respecting the validity or effect of ?°.° ^"'' "'". any such agreement may be examined and determined, and the agree- agreements. ment may be enforced or set aside, without suit or action, on motion or petition of any person, or the representative of any person, a party to such agreement, or being alleged to be liable to pay, or being or claiming to be entitled to be paid, the costs, fees, charges, or disbursements in respect of which the agreement is made, by the court in which the business, or any part thereof, was done, or a judge thereof, or if the business was not done in any court, then where the amount payable under the agreement exceeds fifty pounds, i2 116 THE SOLICITORS ACT, 1870 by any superior court of law or equity or a judge thereof, and where such amount does not exceed fifty pounds, by the judge of a county court which would have jurisdiction in an action upon the agree- ment. Improper 9' Upon any such motion or petition as aforesaid, if it shall agreements appear to the coiu't or judge that such agreement is in all respects Side''^ ^^* ^^^ ^^'^^ reasonable between the parties, the same may be enforced by such court or judge by rule or order in such manner and subject to such conditions, if any, as to tlie costs of such motion or petition as such court or judge may think fit; but if the terms of such agreement shall not be deemed by the court or judge to be fair and reasonable, the same may be declared void, and the com-t or judge shall thereupon have power to order such agreement to be given up to be cancelled, and may direct the costs, fees, charges, and disburse- ments incurred or chargeable in respect of the matters included therein to be taxed in the same manner and according to the same rules as if such agreement had not been made ; and the court or judge may also make such order as to the costs of and relating to such motion or petition, and the proceedings thereon, as to the said court or judge may seem fit. Agreements 10. When the amount agreed for under any such agreement has may be re- been paid by or on behalf of the client, or by any person chargeable payment in"^ with or entitled to pay the same, any court or judge having juris- speciai oases, diction to examine and enforce such an agreement may, upon application by the person who has paid such amount, within twelve months after the payment thereof, if it appears to such court or judge that the special circumstances of the case require the agree- ment to be reopened, reopen the same, and order the costs, fees, charges, and disbursements to be taxed, and the whole or any portion of the amount received by the attorney or solicitor to be repaid by him, on such terms and conditions as to the com-t or judge may seem just. Where any such agreement is made by the client in" the capacity of guardian, or of trustee under a deed or will, or of committee of any person or persons whose estate or property will be chargeable with the amount payable under such agreement, or with any part of such amount, the agreement shall before payment be laid before the taxing ofiicer of a court having jurisdiction to enforce the agree- ment, and such ofiScer shall examine the same, and may disallow any part thereof, or may require the direction of the court or a judge to be taken thereon by motion or petition ; and if in any such case the client pay the whole or any part of the amount payable under the agreement without the previous allowance of such officer or court or judge as aforesaid, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amomit so charged ; and if in any such case the attorney or solicitor accept payment without such allowance, any court which would have had 33 & 34 VIC, CAP. 28 117 jurisdiction to enforce the agreement may, if it think fit, order him to refund the arnoimt so received by him under the agreement. 11. Nothing in this Act contained shall be construed to give Prohibition validity to any purchase by an attorney or solicitor of the interest, ot certain or any part of the interest, of his client in any suit, action, or other stipulations. contentious proceeding to be brought or maintained, or to give validity to any agi'eement by which an attorney or solicitor retained or employed to prosecute any suit or action stipulates for payment only in the event of success in such suit, action, or proceeding. 12. Nothing in this Act contained shall give validity to any Not to give disposition, contract, settlement, conveyance, delivery, dealing, or validity to transfer, which may be void or invalid against a trustee or creditor ™^' which in bankruptcy, arrangement, or composition, under the provisions may be void of the laws relating to bankruptcy. runixv'^ 13. Where an attorney or solicitor has made an agreement mth p . • •' • his client in pursuance of the provisions of this Act, and anything case of death has been done by such attorney or solicitor under the agreement, orincapacity and before the agreement has been completely performed by him Jorney!^' such attorney or solicitor dies or becomes incapable to act, an application may be made to any court which would have jurisdiction to examine and enforce the agreement by any party thereto, or by the representatives of any such party, and such court shall there- upon have the same power to enforce or set aside such agreement, so far as the same may have been acted upon, as if such death or incapacity had not happened ; and such court, if it shall deem the agreement to be in all respects fair and reasonable, may order the amoimt due in respect of the past performance of the agreement to be ascertained by taxation, and the taxing oflicer in ascertaining such amount shall have regard so far as may be to the terms of the agreement, and payment of the amount foiind to be due may be enforced in the same manner as if the agreement had been com- pletely performed by the attorney or solicitor. 14. If, after any such agreement as aforesaid shall have been a^ to change made, the client shall change his attorney or solicitor before the of attorney conclusion of the business to which such agreement shall relate ment."^°*' (which he shall be at liberty to do notwithstanding such agreement), the attorney or sohcitor, party to such agreement, shaU be deemed to have become incapable to act under the same within the meaning of section thirteen of this Act ; and upon any order being made for taxation of the amount due to such attorney or solicitor in respect of the past performance of such agreement, the court shall direct the taxing master to have regard to the circumstances under which such change of attorney or solicitor has taken place ; and, upon such taxation, the attorney or solicitor shall not be deemed entitled to the fuU amount of the remuneration agreed to be paid to him imless it shall appear that there has been no default, negligence, improper delay, or other conduct on his part affording reasonable ground to the client for such change of attorney or solicitor. 118 THE JUDICATUEE ACT, 1873 Affi-eoments ^^- Except as in this part of this Act provided, the bUl of an shall be attorney or solicitor for the amount due under an agreement made exempt from jn pursuance of the provisions of this Act shall not be subject to any taxation. taxation, nor to the provisions of the Act of the sixth and seventh Victoria, chapter seventy-three, and the Acts amending the same, respecting the signing and delivery of the bill of an attorney or solicitor. Part II. — General Provisions. 16. An attorney or solicitor may take security from his client for his future fees, charges, and disbursements, to be ascertained by taxation or otherwise. 17. Subject to any general rules or orders hereafter to be made, upon every taxation of costs, fees, charges, or disbursements, the taxing officer may allow interest at such rate and from such time as he thinks just on moneys disbursed by the attorney or solicitor for his client, and on moneys of the client in the hands of the attorney or solicitor, and improperly retained by him. 18. Upon any taxation of costs, the taxing officer may, in determining the remuneration, if any, to be allowed to the attorney or solicitor for his services, have regard, subject to any general rules or orders hereafter to be made, to the skill, labour, and responsibility involved. 19. Wlienever any decree or order shall have been made for pay- ment of costs in any suit, and such siiit shall afterwards become abated, it shall be lawful for any person interested under such decree or order to revive such suit, and thereupon to prosecute and enforce such decree or order, and so on from time to time as often as any such abatement shall happen. 20. [40 & 41 Vic, e. 25.] Security may be taken for future costs. Interest may be allowed on taxations in respect of disburse- ments and advances. Taxing officer to have regard to cliai'actor of services. Revival of order for payment of costs. Supreme Court of Judicature Act, 1873, 36 & 37 Vic, cap. 66. 87. rrom and after the comineiicement of this Act,^ all persons admitted as solicitors, attorneys, or proctors of or by law em- powered to practise in any coiirt the jurisdiction of which is hereby transferred to the High Court of Justice or the Court of Appeal, shall be called Solicitors of the Supreme Court, and shall be entitled to the same privileges and be subject to the same obhga- tioBS, so far as circumstances will permit, as if this Act had not passed ; and all persons who from time to time, if this Act had not passed, would have been entitled to be admitted as solicitors, attorneys, or proctors of or been by law empowered to practise in any such courts, shall be entitled to be admitted and to be called Solicitors of the Supreme Com't, and shall be admitted by the Master of the Rolls, and shall, as far as circumstances will permit, be entitled as such solicitors to the same privileges and be subject ^ 1st November, 1875. THE SOLICITOUS ACT, 1874 119 to the same obligations as if this Act had not passed. Any solicitors, attorneys, or proctors to whom this section applies shall be deemed to be officers of the Supreme Court ; and that court, and the High Court of Justice, and the Court of Appeal respectively, or any division or judge thereof, may exercise the same jurisdiction in respect of such solicitors or attorneys as any one of Her Majesty's superior coiu^ts of law or equity might previously to the passing of this Act have exercised in respect of any solicitor or attorney admitted to practise therein. The Solicitors Act, 1874, 37 & 38 Vic, cap. 68. An Act to amend the Laiv relating to Attorneys and Solicitors. [August 7, 1874. Preamble, &o. [56 & 57 Vic, cap. 54]. 1. This Act may be cited as ' The Attorneys and Solicitors Act, Short title. 1874.' 2. This Act shall extend only to England and Wales. ^^J'="* "' 3. All words and expressions to which, by the Act of 1860, intei-preta- meanings are assigned shall have in this Act the same respective t'""- meanings. 4. The recited enactment (section ten) of the Act of 1860 shall Exceptions not henceforth apply to cases in which any person bound by articles eimrtmeniT^ as therein mentioned shall before or after he enters upon the office, or engages in the employment, have applied for and obtained — (a) The consent thereto in writing of the . . . solicitor to whom he is bornid ; and (6) The sanction thereto of . . . the Master of the Rolls, or one of the judges of the High Court of Justice, to be evidenced by an order of such judge : Provided that this section shall apply to the case of any person bound by articles expiring after or not more than two years before the passing of this Act who shall have held any office or been engaged in any employment during the service under such articles hefore or after the passing of this Act, and who, within one year of the passing of this Act, or within one year after the expiration of his articles, shall prove, by an afiidavit from the . . . solicitor to whom he is bound, or by such other evidence as shall be satisfactory to such judge, that the holding of such oflice or being engaged in such employment was with the consent of the . . . solicitor to whom he was or is boimd, and has not interfered with due service under such articles, and the judge hearing such application shall have power to make any order which he shall think fit as to the service by the person so bound as aforesaid for the remainder of the term of service of his articles, or any part 120 THE SOLICITOES ACT, 1874 Judge may Attach con- ditions to order. Proof of compliance with con- ditions. Notice to be given to llegistrar of applications to strike names of attorneys or solicitors off the roll. Copies of affidavits to accompany notice. Court not to entertain application except on proof of notice, &c. Registrar may appear on applica- tion, &c. thereof, after the acceptance of such office, or as to the passing of any examination. Provided that, not less than fourteen days before any such appUcatiou to a judge is made, notice in writing of the application shall be given to the Registrar, which notice shall state the names and residences of the applicant and of the . . . solicitor to whom he is bound, and the nature of the office or employment, and the time it is expected to occupy [56 & 57 Vic, cap. 54]. 5. Any such judge making any such order may in and by the order impose upon the applicant such terms and conditions touching the office or engagement and his employment therein as such judge thinks fit. 6. Where any terms or conditions shall be so imposed, and the person authorised by the order shall accept the office, or engage in the employment, he shall, before being admitted . . . solicitor, prove to the satisfaction of . . . the Master of the Eolls, or one of the judges of the High Court of Justice, and of the examiners for the time being appointed under the provisions of the Act of 1860, or of any Act amending the same, to examine persons applying to be admitted as . . . solicitors, that he has duly observed and fulfilled those terms and conditions [56 & 57 Vic, cap. 54]. 7. Where application is intended to be made to any court for an order or rule to strike the name of any attorney or solicitor (not being an attorney or sohcitor making the application) off the roll of . . . soUcitors ... or for an order or rule to compel him to answer the matters of an affidavit, notice in writing shall be given to the Registrar of such intended application fourteen clear days at the least before such application shall be made [56 & 57 Vic, cap. 54]. 8. Copies of all affidavits intended to be used in support of such applications shall be delivered to the Registrar with the notice. 9. The court shall not entertain any such application except upon production of an affidavit proving that the notice required by this Act has been duly given, and that copies of all such affidavits have been duly delivered to the Registrar. 10. The Registrar may appear by coimsel upon the hearing of any such application, and upon any other proceedings arising out of or in reference to the application, and may apply to the court to make absolute any rule nisi which may have been granted by the court in the matter of such application, or to make an order that the name of the . . . solicitor be struck off the roll of . . . soUcitors ... or, as the case may be, to order the . . . solicitor to answer the matters of the affidavit, or such other order as to the court may seem fit ; and it shall be lawful for the court to order the costs, charges, and expenses of the Registrar of or relating to any of the matters aforesaid, to be paid by the . . . solicitor against whom any such application is made or was intended to be made, or by the person by or on whose behalf the THE JUDICATUEE ACT, 1875 121 application is made or was intended to be made, or partly by the one and partly by the other of them [56 & 57 Vic, c. 54]. 11. Where any court or any judge of any court shall upon Registrar motion have ordered or directed a rule (whether nisi or absolute) may draw up or order to be drawn up for striking the name of any . . . orders not solicitor off the roll of . . . soHcitors of such court, or for drawn up by compelhng an attorney or solicitor to answer the matters of an "'^'^ '°™ '^^ affidavit, and such rule shall not have been drawn up by or on behalf of the person applying for the same within one week after the order or direction for drawing up the same shall have been made or given, it shall be lawful for the Registrar to cause the rule or order to be drawn up, and all future proceedings thereupon shall be had and taken as if the application for the rule or order had in the first instance been made to the court by the Registrar [56 & 57 Vic, c. 54]. 12. Any person who wilfully and falsely pretends to be, or takes Penalty for or uses any name, title, addition, or description implying that he is '*^''v°''|*""y duly qualified to act as . . . solicitor, or that he is recognised attorney or by law as so qualified, shall be guilty of an offence under this soUoitor. Act, and be Uable to a penalty not exceeding the sum of ten pounds for each such offence. No costs, fee, reward, or disbursement on account of or in rela- No costs rc- tion to any act or proceeding done or taken by any person who dijquaiifiea^ acts as ... . solicitor without being duly qualified so to act shall attorney or be recoverable in any action, suit, or matter by any person or persons solicitor. whomsoever. For the purposes of this section, a person shall be deemed to ^''° '° ^^ be duly qualified to act as . . . solicitor, if he shall have in qSfled. force at the time at which he acts as . . . solicitor a duly stamped certificate authorising him so to do, pursuant to the pro- visions of the Stamp Laws and the laws for the time being relating to . . . solicitors, or shall have been appointed to be Solicitor of the Treasury, Customs, Inland Revenue, Post Office, or any other branch of Her Majesty's Revenues, or of any public department, including the department of the Ecclesiastical Commis- sioners, and of the Governors of Queen Anne's Bounty, or if he be a clerk or officer appointed to act for the solicitor for any public department as hereinbefore described. Any offence under this Act may be prosecuted before a eoiirt of offences summary jurisdiction, in manner provided by the Summary Juris- ™oseouted diction Acts [56 & 57 Vic, c 54]. before a court of summary jurisdiction. SUPEEME COUET OF JUDICATUEE ACT, 1875, 38 & 39 VlC, CAP. 77. 14. The Registrar of attorneys and solicitors in England shall be called the Registrar of Solicitors, and the Lord Chief Justice of 122 THE LEGAL PRACTITIONERS ACT, 1875 But see p. 135. England, the Master of the Eolls, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron, or any two of them, may from time to time by regulation adapt any enactments relating to attorneys, and any declaration, certificate, or form required under these enactments to the solicitors of the Supreme Court under section 87 of the principal Act. Short title. Amendmeut of s. 37 of e & 7 Tic, 0.73. Extent of Act. The Legal Practitioners Act, 1875, 38 & 39 Vic, cap. 79. An Act to amend the Law relating to Legal Practitioners. [August 13, 1875. Preamble, &c. [56 & 57 Vic, c. 54] . 1. This Act may be cited as ' The Legal Practitioners Act, 1875.' 2. The Act specified in the first column of the schedule annexed hereto is hereby repealed to the extent specified in the third column of the said schedide, except as to anything heretofore duly done thereunder, and except so far as may be necessary for the purpose of supporting and continuing any proceedings taken before the passing of this Act. It shall be lawful for any judge of the superior courts of law and equity to authorise an attorney or solicitor to commence an action or suit for the recovery of his fees, charges, or disbursements against the party chargeable therewith, and also to refer his biU of fees, charges, and disbursements, and the demand of such attorney and solicitor thereupon, to be taxed and settled by the proper ofiicer of the court in which such reference shall be made, although one month shall not have expired from the delivery of the biU of fees, charges, or disbursements, on proof to the satisfaction of the said judge that there is provable cause for believing that the party chargeable therewith is about to quit England, or to become a bankrupt or a liquidating or compounding debtor, or to take any other steps or do any other act which, in the opinion of the judge, would tend to defeat or delay such attorney or solicitor in obtaining payment. 3. This Act shall not extend to Scotland or Ireland. SCHEDULE. Date of Act. G & 7 Vic, c. 73 An Act for consolidat- ing and amending several of the Laws relating to Attorneys and solicitors prac- tising in England and Wales. Extent of Repeal. Section 37, from 'Provided also that it shall be lawful for any judge of the superior courts ol law and equity ' to end of section. THE SOLICITOKS ACT, 1877 128 The Solicitors Act, 1877, 40 & 41 Vic, cap. 25. An Act for regulating the Examination of Persona applying to he admitted Solicitors of the Supreme Court of Judicature in England, and for otherwise amending the Law relating to Solicitors. [July 23, 1877. Whereas under or by virtue of the enactments of the Act of the sixth and seventh years of the reign of Her present Majesty, chapter seventy-three, and of the Act of the twenty-third and twenty-fourth years of the same reign, chapter one hundred and twenty-seven, and of the Supreme Court of Judicature Acts, 1873 and 1875, se & S7 Vic, relating to the admission of persons as soUcitors of the Supreme oo^J'qQ y- Court, and of regulations made under the authority of those enact- o. 77. '' ments, persons applying to be admitted as sohcitors of the Supreme Court of Judicature in England are (with certain exceptions) required to pass examinations known respectively as the pre- liminary, the intermediate, and the final examination : And whereas under the above-mentioned enactments the power of making regulations for the conduct of the said examinations and of appointing examiners is vested in certain judges of Her Majesty's High Court of Justice : And whereas it is expedient that such powers, subject as herein- after mentioned, be vested in the Incorporated Law Society, and that other amendments be made in the law relating to solicitors of the Supreme Court : Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Preliminary. 1. This Act may be cited for all purposes as ' The Sohcitors short title Act, 1877,' and the Act of the sixth and seventh years of the reign andcon- of Her present Majesty, chapter seventy -three, ' For Consolidating ^™ '"" ° ' and Amending several of the Laws relating to Attorneys and Soli- citors practising in England and Wales,' and the Act of the twenty- third and twenty-fourth years of the same reign, chapter one hun- dred and twenty-seven, ' To amend the Laws relating to Attorneys, Solicitors, Proctors, and Certiiicated Conveyancers,' may be respec- tively cited for all purposes as ' The Solicitors Act, 1843,' and ' The e & r Vic, Sohcitors Act, I860,' and this Act shall (so far as is consistent with I'Ji^,^- the tenor thereof) be construed as one with the said Solicitors Acts, o. 127. ' 1843 and 1860, and with the other enactments for the time being in force relating to solicitors. 2. This Act shall not extend to Scotland or Ireland. Eitent of 8. This Act shall, so far as regards the power of certain of the ■*-'^'- 124 THE SOLICITORS ACT, 1877 Commence- judges of Her Majesty's High Court of Justice and of the Incorpo- ment oi rated Law Society to make regulations thereunder, and so far as ° ■ regards the issue of notices and other proceedings preliminary to holding the first examinations thereunder, come into operation on the passing thereof, and for all other purposes shall come into operation on the first day of January one thousand eight hundred and seventy-eight. lutei-preta- 4. In this Act — ' The Incorporated Law Society,' or ' The Society,' means 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom : ' ' Solicitor ' means solicitor of the Supreme Court of Judi- cature in England : ' Preliminary examination ' naeans an examination in general knowledge of persons becoming bound under articles of clerkship to solicitors : ' Intermediate examination ' means an examination of persons bound under articles of clerkship to solicitors, in order to ascertain the progress made by such per- sons during their articles, in acquiring the knowledge necessary for rendering them fit and capable to act as solicitors : Final examination ' means an examination of persons applying to be admitted as solicitors as well touching the articles and service as the fitness and capacity of such persons to act as solicitors in all business and matters usually transacted by solicitors, and includes, where any allegation is made by the Registrar of soli- citors as to the moral unfitness of any such person to be an officer of the Supreme Court, an inquiry into the truth of such allegation. Examinations. Certifloateof fl. Subject to the exemptions allowed by this Act, or by regu- passe^ex- lations made under the authority thereof, a person shall not be aminations admitted as a solicitor unless he has obtained from the Incorpo- admissioiiTs i^3.ted Law Society, or some person authorised in writing by that solicitor. Society, a certificate or certificates to the effect that he has passed a preliminary, an intermediate, and a final examination. Examina- 6. The Incorporated Law Society are hereby authorised and Maunder i^equired to hold, at least three times in the year commencing with management the first day of January one thousand eight hundred and seventy- o£ incorpo- eight, and in every succeeding year, a preliminary examination, an Society!'™ intermediate examination, and a final examination, and the Society shall, subject to the provisions of this Act, have the entire manage- ment and control of all such examinations, and shall have power 40 & 41 VIC, CAP. 25 125 firom time to time to make regulations with respect to all or any of the following matters ; (that is to say), — (a) With respect to the subjects for and the mode of conducting the examination of candidates ; and (b) "With respect to the times and places of examinations and the notices of examinations ; and (c) With respect to the certificates to he given to persons of their having passed any examination ; and (d) With respect to the appointment and removal of examiners (other than the ex-officio examiners in this Act men- tioned),' and with respect to the remuneration by fees or otherwise of the examiners so appointed ; and (e) With respect to any other matter or thing as to which the Society think it expedient to make regulations for the purpose of carrying this section into execution. Any regulation made under the authority of this section may be altered or revoked by a subsequent regulation ; and copies of all regulations made under the authority of this section shall be trans- mitted to the presidents of the Queen's Bench Division, the Common Pleas Division, and the Exchequer Division of the High Court of Justice, and to the Master of the Kolls,^ and if within twenty-eight days after a copy of any regulation has been so trans- mitted anj' two of those judges (the Master of the Rolls being one) signify by writing under their hands, addressed to the president or the vice-president or secretary of the Society, their dissent from such regulation or any part thereof, the same shall be of no force or effect ; and if after any such regulation or any part thereof has come into force any two of those judges (the Master of the Rolls being one) shall signify in manner aforesaid their dissent from such regulation or any part thereof, the same shall, at the expiration of two months, cease to be of any force or effect. 7. [51 & 52 Vic, cap 65.] 8. Any person applying to be examined or re-examined at a pees payable preliminary, intermediate, or final examination shall pay to the to incorpo- Incorporated Law Society such fees in respect of such examinations socletv ^i (and in such proportions and at such times) as may be from time respect ut to time determined by regulations to be made by the presidents of ^p™taa- the Queen's Bench Division, the Common Pleas Division, and the Exchequer Division of the High Court of Justice, and the Master of the Rolls, or any two of them, of whom the Blaster of the RoUs shall be one.- AU moneys paid to the Society in pm-suance of this Act in Tespect of the preliminary, intermediate, and final examinations shall be applied by the Society in payment of the expenses irom ' Section 7, relating to ex-officio examiners, has been repealed. 2 See 44 & 45 Vic, cap. 68, s. 24. 126 THE SOLICITOES ACT, 1877 Appeal to Master of the Bolls against refusal of certificate. General exemptions from pre- liminary ex- amination. time to time incurred by the Society with reference to such exami- nations, and with reference to the lectures, classes, and other teaching provided by the Society from time to time for persons bound or about to be bound under articles of clerkship to solicitors. 9. Any person who has been refused a certificate of having passed an intermediate or iinal examination, and who objects to such refusal, whether on account of the nature or difficulty of the questions put to him by the examiners, or on any other ground whatsoever, shall be at liberty within one month next after such refusal to appeal by petition in writing to the Master of the Bolls against such refusal, such petition to be presented in such manner and subject to such regulations as the Master of the Bolls may from time to time direct. . . . On the hearing of any petition under this section the Master of the BoUs may make such order as to him may seem meet, and where any person who has been refused a certificate of having passed his final examination, on appeal to the Master of the EoUs, obtains an order for his admission, such order shall entitle him to a certificate from the Incorporated Law Society of bis fitness and capacity to act as a solicitor, and in the usual business transacted by a soHcitor, in the same manner as if he had passed his final examination [51 & 52 Vic, cap. 65]. 10. A certificate of having passed a preliminary examiaation under this Act shall not be required from any person who has taken the degree of bachelor of arts or bachelor of laws in the Universi- ties of Oxford, Cambridge, Dublin, Durham, or London, or in the Queen's University in Ireland, or the degree of bachelor of arts, master of arts, bachelor of laws, or doctor of laws in any of the Universities of Scotland (none of such degrees being honorary degrees), or who has been called to the degree of utter barrister in England, or who has passed the first public examination before moderators at Oxford or the previous examination at Cambridge, or the examination in arts for the second year at Durham, or who has passed one of the local examinations established by the University of Oxford or one of the non-gremial examinations established by the University of Cambridge, or one of the examinations of the Oxford and Cambridge Schools Examination Board, or one of the matriculation examinations at the Universities of Dublin or London (notwithstanding he may not have been placed in the first division of such matriculation examination), or the examination for the first-class certificate of the College of Preceptors incorporated by Eoyal Charter in 1849. The presidents of the Queen's Bench Division, the Common Pleas Division, and the Exchequer Division of the High Court of Justice, and the Master of the BoUs, or any three of them (the Master of the Bolls being one),' may make, and from time to time ' See 44 & 45 Vie., c. 68, s. 24. 40 & 41 VIC, CAP. 25 127 alter and revoke, regulations extending the above exemption to any persons who pass any examination held in any of the above- mentioned universities, or in the Owens College, Manchester, or in any other university, college, or educational institution, and specified in that behalf in the said regulations. 11. The presidents of the Queen's Bench Division, the Common Power of Pleas Division, and the Exchequer Division of the High Court of 'granrspecia Jiif tioe, and the Master of the Rolls, or any one or more of them,^ exemptions may, where under special circumstances they or he see fit so to do, 'r™ p"' exempt any person from compUanoe with the enactments and aminationi regulations for the time being in force with respect to the prelimi- nary examination either entirely or partially, or subject to any such conditions as to them or him may seem fit. 12. Any person who has been called to the degree of utter Exemption barrister in England, and is of not less than five years' standing at °* certain the bar, and has procured himself to be disbarred with a view of from inter- becoming a solicitor, and has obtained from two of the benchers of mcciiate ex- the inn to which he belongs or to which he belonged a certificate of ''™"^''°°- his being a fit and proper person to practise as a solicitor, shall not be required to obtain a certificate of having passed an intermediate examination under this Act, and shall be entitled, on passing a final examination under this Act (except so much of such examination as relates to articles and service under articles), to be admitted and enrolled as a solicitor. 13. The presidents of the Queen's Bench Division, the Common Power of Pleas Division, and the Exchequer Division of the High Court of J"'*e^ *° ^ Justice, and the Master of the RoUs, or any three of them (the admission in Master of the EoUs being one),' may make and from time to time certain cases alter and revoke regulations directing that any person having passed Lars' ser- any examination held in the Universities of Oxford, Cambridge, vice. Dublin, Durham, or London, or in the Queen's University in Ireland, or in any of the Universities in Scotland, or in the Owens College, Manchester, or in any other university, college, or educational institution, and specified in that behalf in such regulations, may be admitted and enrolled as a sohcitor after service under articles of clerkship to a practising solicitor for the term of four years, but not so as to allow in any case a less term of service than four years. 14. AH regulations duly made by any of Her Majesty's judges Time of or by the Society in pursuance of this Act before the first day of regulations January one thousand eight himdred and seventy-eight shall come force. into force on that day, and on that day the general rules and regulations, dated the second day of November one thousand eight hundred and seventy-five, and the schedules thereto (with the exception of the regulations ' As to readmission and the taking out and renewal of certificates,' and ' As to custody of rolls and docu- ments,' and ' Provisions as to notices, &e., already given '), shall cease to be of any force or effect. ' See 44 & 43 Vic, c. 68, s. 24. 128 THE SOLICITORS ACT, 1877 irregular. & 7 Tic, c. 73 Miscellaneous Amendments of Law. Power for 15. Where any person articled to a solicitor has not served as a Master of clerk under such articles strictly within the provisions of the Sif!ttougii Sohcitors Act, 1843, and the Sohcitors Act, 1860, and any Act serv'iceunder amending the same, but subsequently to the execution of his articles articles is hond, fide serves (either continuously or not) one or more solicitors as an articled clerk for periods together equal in duration to the full term for which he was originally articled, and has obtained such & 24 Tic., certificates as he is required by this Act to obtain, it shall be lawful for the Master of the Eolls in his discretion, if he is satisfied that such irregular sersdce was occasioned b3' accident, mistake, or some other sufficient cause, and that such service, although irregular, was substantially equivalent to a regular service, to admit such person to be a solicitor in the same manner as if such service had been a regular service within the meaning of the said Acts and any Act amending the same. 16. The annual certificate required by. law to be obtained by every practising solicitor from the Eegistrar of solicitors, and the declaration required to be delivered to the Registrar for the purpose of obtaining such certificate, may respectively be in the forms (a.) and (b.) in the first schedule to this Act, or to the like effect. 17. Any solicitor may practise in aU courts and before all persons having or exercising power, authority, or jm-isdiction in matters Torm of Registrar's certificate? Solicitors eligible to practise in ecclesiastical ecclesiastical in England, and shall be deemed to be duly qualified courts. to practise and may practise in all matters relating to applications to obtain notarial faculties, and generally shall have and may exercise all the powers and authorities and shall be entitled to all the rights and privileges and may fulfil all the functions and duties which appertain or belong to the office or profession of a proctor, whether in the provincial, diocesan, or other jurisdictions in England. 18. [52 Vic, c. 10.] 19. All rules and regulations, acts, matters, and things respec- tively authorised or required to be made or done by the Incorporated SoSety may Law Society under or in pursuance of this Act, or of the Solicitors Act, 1843, or of the Solicitors Act, 1860, or under any orders, rules, and regulations made in pursuance thereof respectively, may be made or done by the Council for the time being of the Society on behalf of the Society. 20. All rules, regulations, certificates, notices, and other docu- tion of regu- ments made or issued by the Incorporated Law Society for any purpose whatever may be in writing or print, or partly in writing and partly in print, and may be signed on behalf of the Society by the secretary, or by such other officer or officers of the Society as may be from time to time prescribed by the Council. 21. All enactments referring to attorneys which are in force Council of Incorpo- rated Law act ou behalf of Society. lations and other docU' ments. Construc- tion of enact- immediately after the coming into operation of this Act shall be -to & '11 VIC, CAP. 23 129 construed as if the expression ' solicitor of the Supreme Court ' were ments refer- therein substituted for the expression ' attorney,' and all enactments tOTneys and relating to the examinations of attorneys and solicitors which are in examinn- force immediately after the coming into operation of this Act shall *'™^- be construed as relating to the examinations to be held in pursuance of this Act. Temporary Provision and Repeal. 22. All persons who before this Act conies into operation have Temporary passed a preliminary but have not passed an intermediate or final {"'"^J^^^a! examination, and aU persons who have passed an intermediate but tions. have not passed a final examination under the enactments and regulations hereby repealed, shall be deemed respectively to have passed a preliminary or a preliminary and intermediate examination under this Act as the case may be, and all persons who have passed a final examination under the said enactments and regulations but have not been admitted shall be deemed to have passed a final examination under this Act. 23. The Acts mentioned in the first part of the second schedule Eepeai of of this Act are hereby repealed as fi:om the first day of January one In^t^'f^ts. thousand eight hundred and seventy-eight, to the extent specified in the third column in the said part of that schedule. . . . Provided also that this repeal shall not affect — (a.) Anything duly done or suffered under any enactment hereby repealed ; or (b.) Anyright, liability, orpenalty acquired, accrued, or incurred under any enactment hereby repealed, or any legal pro- ceeding or remedy in respect of any such right, liability, or penalty, and any such legal proceeding and remedy may be carried on as if this Act had not been passed ; And the regulations made by certain of the judges of the High 38 a- 39 Yic, Court of Justice in pursuance of the power contained in section 14 of the .Judicature Act, 1875, for adapting the enactments and forms therein mentioned, shall as from the said 1st day of January, 1878, cease to be of any force or effect [51 & 52 Vic, c. 65]. Tub Schedules referred to in the foregoing Act. THE FIRST SCHEDULE. EOEM (A.) Registrar's Certificate. No. 18 . Pursuant to the Solicitors Act, 1843, and the Acts amending the 6 & 7 Tic, same, the Incorporated Law Society, as the Registrar of splicitors, hereby «• ''8. certifies that solicitor of the Supreme Court, whose place of business I ■ I at 130 THE SOLICITOKS ACT, 1877 haththis day left with the secretary of the said Society a declaration in ■writing signed by (a) _ , containing his name and place or places of business, together with the term and year, or the month and year in or as of which he was admitted, and hereby further certifies that the said solicitor is duly enrolled a solicitor of the Supreme Court, and is entitled to practise as such solicitor on this certificate being duly stamped as required by law. Given under the hand of the secretary of the Incorporated Law Society, this day of 18 . Secretary. Produced and entered this day of 18 . (a) The said solicitor or the said solicitor's partner on his behalf or the said solicitor's London agent as the case may be. The name of the partner or agent need not be inserted here. *j* If this certificate is stamped after the 1st January, it must be produced to the Registrar of solicitors within a month of the payment of the duty. If admitted a notary this certificate should be entsred at tJte Faculty Office ; if a proctor, it should bo entered in the court in which he is admitted. Foiiji (13.) Declaration fcr abtaininrj the liojiU rar '3 Certificate. No. 18 . I here iby declare that v.as admitted an attorney of (a) , in term in the year 18 [or] a solicitor of the Supreme Court in the month of in the year 18 and that 1 my 1 1 his J place of business f i^ 1 \arej a3 follow. '(b)-- Dated thij d ay of 18 Sihiiature [Partner or London agent of the said To the Registrar of Solicitoru. (a) One court is sufficient. (h) If removed since last certilicate stale such remo\ul. THE LliG.-VL PBAOlTriOXEBS ACT, 1S77 131 THE SECOND SCHEDULE. Part I. Etyxctvients repealed. Session aud Cliapter. Title or Short Title. E.\teub of Ilepeal. 6 & 7 Vic, c. 73 An Act for consoli- Sections 15, 16, 17, 18, 20, dating and amend- aud so much of section 30 ing several of the and of the Second Schedule Laws relating to as relates to fees payable to Attorneys and So- the Incorporated Law So- licitors practising ciety. in England and Wales. 23 & 24 Vic, An Act to amend the Sections 8, 9, 11, 13, 14, sec- c. 127 Laws relating to tion 19 from the words ' and Attorneys, Solici- after ' to the end of the tors, Proctors, and section ; section 20 from Certificated Con- the words ' and the said veyancers. Lords Chief Justices' to the words ' from time to time,' section 23, and the Sche- dules (A.) and (B). 33 & 34 Vic, c 28 The Attorneys and Solicitors Act, 1870. Section 20. Pabt II. [51 & 52 Vic, c 65.] The Legai, Peactitionees Act, 1877, 40 & 41 Vic, cap. 62. An Act to amend the Law relating to Legal Practitioners. [August 14, 187V. Whereas it is expedient to amend the law relating to legal prac- titioners : Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as foUow^s : 1. This Act may be cited as ' The Legal Practitioners Act, sboit title 1877." K 2 132 THE SOLICITOES' EEMUNEEATION ACT, 1881 Sun-ogates 2. Any surrogate or other person not being a qualified prac- otiSr'thaa titioner who for or in expectation of any fee, gain, or reward, either qualified directly or as the agent of any other person whether a qualified practitioners practitioner or not, takes instructions for or draws or prepares any not to act as '^ i • i j. i? j i. r v, j. ^ i ii "^ such in pre- papers on which to found or oppose a grant of probate or of letters paring of administration, shall be guilty of an offence within the meaning oEin°g'or of the twelfth section of the Attorneys and Solicitors Act, 1874 ; opposing but nothing in this section contained shall be construed to affect probate°or ^^^ remedy against any such person under any other Act or Acts letters of whatsoever. administia- g_ The term ' qualified practitioner ' in this Act means and vio.^ 0. 68. includes any serjeant-at-law, barrister-at-law, certificated solicitor, interpreta- proctor, notary public, certificated conveyancer, special pleader, or tion clause, draughtsman in equity. Extent of 4_ rpjjjg ^jjj gj^g^i] jjqj extend to Scotland or Ireland. The Solicitors' Eemunekation Act, 1881, 44 & 45 Vic, cap. 44. An Act for making better Provision respecting the Remuneration of Solicitors in Conveyancing and other Non-contentious Business. [August 22, 1881. Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of tlie Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of tlie same, as follows : PreUminary. Short title; 1. (1) This Act maybe cited as ' The Solicitors' Kemuneration toTetati™ ^°^' •^^^^•' erpre a ion. ^^^ This Act does not extend to Scotland. (3) In this Act— ' Solicitor ' means a solicitor or proctor qualified according to the statutes in that behalf : ' Client ' includes any person who, as a principal, or on behalf of another, or as trustee or executor, or in any other capacity, has jjower, express or implied, to retain or employ, and retains or employs, or is about to retain or employ, a solicitor, and any person for the time being liable to pay to a solicitor, for his services, any costs, remuneration, charges, expenses, or disbursements : Person ' includes a body of persons corporate or unincor- porate : ' Incorporated Law Society ' means, in England, the Society referred to under that title in the Act passed in the session of the twenty-third and twenty-fourth years of Her 44 & 45 VIC, CAP. 44 133 Majesty's reign, intituled ' An Act to amend the Laws re- lating to Attorneys, Solicitors, Proctors, and Certificated Conveyancers ; ' and, in Ireland, the society referred to under that title in the Attorneys and Solicitors Act, Ireland, 1866 : 29 & 30 ' Provincial law societies or associations ' means all bodies of ^i^-i ■=• ^*- solicitors in England incorporated by Boyal Charter, or under the Joint Stock Companies Act, other than the Incorporated Law Society above mentioned. General Orders. 2. In England, the Lord Chancellor, the Lord Chief Justice of Power to England, the Master of the Rolls, and the president for the time "e^e^j, being of the Incorporated Law Society, and the president of one of orders for the provincial law societies or associations, to be selected and remmiera- nominated from time to time by the Lord Chancellor to serve veyaucmg, during the tenure of office of such president, or any three of them, &c. the Lord Chancellor being one, and, in Ireland, the Lord Chan- cellor, the Lord Chief Jxistice of Ireland, the Master of the Bolls, and the president for the time being of the Incorporated Law Society, or any three of them, the Lord Chancellor being one, may irom time to time make any such General Order as to them seems fit for prescribing and regulating the remuneration of solicitors in respect of business connected with sales, pm'chases, leases, mort- gages, settlements, and other matters of conveyancing, and in respect of other business not being business in any action, or trans- acted in any court, or in the chambers of any judge or master, and not being otherwise contentious business, and may revoke or alter any such Order. 3. One month at least before any such General Order shall be Communi- made, the Lord Chancellor shall cause a copy of the regulations and cOTp^at'ea"' provisions proposed to be embodied therein to be commimicated in Law Societj-. writing to the Council of the Incorporated Law Society, who shall be at liberty to submit such observations and suggestions in writing as they may think fit to offer thereon ; and the Lord Chancellor, and the other persons hereby authorised to make such Order, shall take into consideration any such observations or suggestions which may be submitted to them by the said Council within one month fi:om the day on which such communication to the said Council shall have been made as aforesaid, and, after duly considering the same, may make such Order, either in the form or to the effect originally communicated to the said Council, or with such altera- tions, additions, or amendments as to them may seem fit. 4. Any General Order under this Act may, as regards the mode Principles of remuneration, prescribe that it shall be according to a scale of °t remunera- rates of commission or percentage, varying or not in different '°"" classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, withovit regard to length, or in any 134 SOLICITORS' EEMUNEBATION ACT, 1881 other mode, or partly in one mode and partly in another, or others, and may, as regards the amoruit of the remuneration, regulate the same with reference to all or any of the following, among other considerations : (namely,) The position of the party for whom the solicitor is concerned in any business, that is, whether as vendor or as purchaser, lessor or lessee, mortgagor or mortgagee, and the like. The place, district, and circumstances at or in which the busi- ness or part thereof is transacted : The amount of the capital money or of the rent to which the business relates : The skill, labour, and responsibility involved therein on the part of the solicitor : The number and importance of the docrmients prepared or perused, without regard to length : The average or ordinary remuneration obtained by solicitors in like business at the passing of this Act. 5. Any General Order under this Act may authorise and regulate the taking by a solicitor from his client of security for future remuneration in accordance with any such Order, to be ascertained by taxation or otherwise, and the allowance of interest. 0. (1) Any General Order under this Act shall not take effect imless and mitil it has been laid before each House of Parliament, and one month thereafter has elapsed. (2) If within that month an address is presented to the Queen by either House, seeking the disallowance of the Order, or part thereof, it shall be lawful for Her Ma,jesty, by Order in Council, to disallow the Order, or that part, and the Order or part disallowed shall not take effect. 7. As long as any General Order under this Act is in operation. the taxation of bills of costs of solicitors shall be regulated thereby, Agreements. 8. (1) With respect to any business to which the foregoing pro- dient to '^"'^ visions of this Act relate, whether any General Order imder this Act is in operation or not, it shall be competent for a solicitor to make an agreement with his client, and for a chent to make an agreement with his solicitor, before or after or in.the course of the transaction of any such business, for the remuneration of the solicitor, to such amount and in such manner as the solicitor and the client think fit, either by a gi-oss sum, or by commission or percentage, or by salary, or otherwise ; and it shall be competent for the solicitor to accept from the client, and for the client to give to the solicitor, remuneration accordingly. (2) The agreement shall be in writing, signed by the person to be bound thereby or by his agent in that behalf. Security for costs, and interest. Order to be ] uid before Houses of ]\irlianient : disallowance on address. Effect of Order as to taxation. Power for client to agree on form and amount of remunera- tion. JUDICATUEE ACT, 1881 135 (3) Tlie agroemeut may, if the solicitor and the client think fit, be made ou the terms that the amount of the remuneration therein stipulated for either shall include or shall not include all or any disbursements made by the solicitor in respect of searches, plans, travelling, stamps, fees, or other matters. (4) The agreement may be sued and recovered on or impeached and set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor ; and if, vmder any order for taxation of costs, such agreement being relied upon by the solicitor shall be objected to by the client as unfair or imreasonable, the taxing master or officer of the Court may inquire into the facts, and certify the same to the Court ; and if, upon such certificate, it shall appear to the Court or judge that just cause has been shown either for cancelling the agreement or for reducing the amount payable under the same, the Court or judge shall have power to order such cancellation or reduction, and to give all such directions necessary or proper for the purpose of carrying such order into effect, or otherwise consequential thereon, as to the Court or judge may seem fit. 9. The Attorneys and Solicitors Act, 1870, shall not apply to Eestrictioi any business to which this Act relates. a° t^iSTo'^'^' [The General Order under the Solicitors' Bemtineraiion Act, 33 & 34 Vic, 1881, is printed with the Digest of the Council's opinions on ques- •=■ **■ tions which have arisen thereunder.] Supreme Court of Judicature Act, 1881, 44 & 45 Vic, cap. 68. 24. The powers which by an Act passed in the session of the sixth and seventh years of Her present Majesty, intituled ' An Act for Consolidating and Amending several of the Laws relating to Attorneys and Solicitors practising in England and Wales,' and by sec. 14 of the Supreme Court of Judicature Act, 1875, and by the Solicitors Act, 1860, and by the SoUcitors Act, 1877, and by any Act amending the said Acts respectively, are vested in the Master of the EoUs jointly with the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Common Pleas, and the Lord Chief Baron of the Exchequer, or with any of them, or jointly with the Presidents of the Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court, or with any of them, shall henceforth be vested in the Master of the Eolls, with the concurrence of the Lord Chancellor and the Lord Chief Justice of England, or (in case of difference) of one of them, and anything required by the said Acts to be done to or before the said Lord Chief Justices and Lord Chief Baron, or the said presidents jointly with the Master of the Eolls, may be done to or before the Master of the Eolls, the Ijord Chancellor, and the Lord Chief Justice of England . . . [51 & 52 Vic, c. 65]. 130 THE SOLICITORS ACT, 1888 Victoria University Act, 1888, 51 & 52 Vic, cap. 45. An Act to extend the Privileges of the Graduates of Victoria, University. [December 24, 1888. Be it enacted, &c. Kxtensioii of !• Wherever any office is or shall be open to graduates of the privileges of Universities of Oxford, Cambridge, and London, or wherever any victori? privilege or exemption has been or shall be given by any Act of Uiiiveraity. Parliament or regulation of any public authority to graduates of the Universities of Oxford, Cambridge, and London, graduates of the A'ictoria University having the degree which would be a qualifica- tion if it had been granted by the University of Oxford, Cam- bridge, or London, may become candidates for, and maj' hold any such office and shall be entitled to all such pri\'ileges as fuUy as graduates of any of the last-mentioned Universities. Short title. 2. This Act may be cited as ' The Victoria University Act, 1888." Short title. Commence- ment of Act, The Solicitors Act, 1888, 51 & 52 Vic, cap. 65. An Act to provide for the Custody of the Boll of Solicitors of the Supreme Court in England by the Incorporated Latv Society, and otherwise to amend the Law relating to Solicitors. [December 24, 1888. Whereas the office of Clerk of the Petty Bag has recently, on the death of the late holder of that office, been abolished : And whereas the custody of the roll of solicitors of the Supretne Court of Judicature in England was up to that date entrusted to the Clerk of the Petty Bag, and it is now expedient to transfer its custody to the Incorporated Law Society as Eegistrar of Solicitors, and it is also expedient to make other amendments in the law re- lating to solicitors of the Supreme Court : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Freli'ininary. 1. This Act may be cited as ' The Solicitors Act, 1888.' 2. This Act, so far as it relates to the power of certain of Her Majesty's judges to makes rules thereunder, shall come into opera- tion on its passing, and for all other purposes shall (save as other- wise expressed) come into operation on the 1st day of February, 1889, which date is in this Act referred to as the commencement of this Act. 51 & 52 riC, CAP. 65 137 3. This Act shall not extend to Scotland or Ireland. Extent ot 4. In this Act— _ ^<='- ' Solicitor ' means solicitor of the Supreme Com-t of Judicature interpreta- in England. *'""• ' The Incorporated Law Society ' or ' the Society ' means the 6 & r Vic, Society referred to under that title in the Solicitors Act, 1843. "■■ '■^■ ' The Eegistrar ' means the Eegistrar of Solicitors. ' Articles of clerkship ' or ' articles ' includes every contract binding a person to serve as clerk to a solicitor under the Solicitors Act, 1848, and the enactments amending that Act. Custody of Roll of Solicitors. 5. The books containing the roll of solicitors, and any other Transfer to documents relating thereto, heretofore in the custody of the Clerk i"corporate.i of the Petty Bag, shall, as soon as may be after the passing of this of roll of Act, be transferred to and be kept in the custody of the Incor- solicitors. porated Law Society as Begistrar of Solicitors ; and all affidavits, orders, and documents heretofore required to be filed or delivered at the Petty Bag Office shall henceforth be filed with or delivered to the Society ; and all powers and duties of the Clerk of the Petty Bag in relation to the roll of solicitors or to solicitors shall hence- forth (subject to the repeals affected by and to the other provisions of this Act) be performed and exercised by the Society : Provided that the Master of the BoUs shall have and exercise all the powers and jurisdiction with regard to all the matters in this section men- tioned which he had and might have exercised if this Act had not been passed. 6. The roll of solicitors shall, during office hours, be open to the inspection inspection of any person without fee or reward. "' "H- As to Articles of Clerlcship. 7. Any articles binding any person to serve as a clerk to a Articles of solicitor, and not registered before the passing of this Act, shall, cierksWp to within six months of the date thereof, be produced to the Eegistrar, by^utrar. who, on being satisfied of the due execution of the articles, shall enter in a book the names and addresses of the parties to and the date of the articles, and the date of the entry. For every such entry the Begistrar shall be entitled to receive a fee of five shillings ; and the book in which the entries are made shall, during office hours, be open to inspection by any person without fee or reward. The Eegistrar may, before making such entry as aforesaid, require the execution of any articles to be verified by a statutory declaration or otherwise as may be thought fit by the Eegistrar. 8. If articles are not produced to the Eegistrar for entry within Provision if six months of the date thereof, they may be subsequently produced '•rtides not and entered ; but in that case the service of the clerk shall be wtthin dx months. 138 THE SOLICITOKS ACT, 16 Admission as solicitor by Master of the Rolls. Enrolment of persons admitted. Constitution of com- mittee. reckoned to commence from the date of the production for entry, unless the Master of the Kolls shall otherwise direct. Case of fresla ^' ^he enactments of this Act with respect to the production articles. and entry of articles apply to fresh articles under section thirteen of the Solicitors Act, 1843, in the same manner as they apply to the original articles. Admisaion. 10. A person who has obtained from the Society a certiiieate of having passed a final examination may apply to the Master of the Bolls to be admitted as a solicitor ; and thereupon the Master of the Bolls, unless cause to the contrary is shown to his satisfaction, shall by writing under his hand admit, in such manner and form as he shall from time to time direct, such person to be a solicitor. 11. On production of the adroission signed by the Master of the Bolls, and on payment of a fee not exceeding five pounds to the Society, it shall be the duty of the Society as Eegistrar to cause the name of the person admitted to be entered on the roll of solicitors. Striking off the Boll. 12. For the purpose of hearing any application to strike a solicitor off the roll of solicitors, or an application to require a solicitor to answer allegations contained in an affidavit, the Master of the EoUs shall appoint a committee of not less than three nor more than seven of the members of the Council of the Society, in this Act called ' the committee.' The Master of the BoUs may from time to time remove any member from the committee, or fill any vacancy in the committee, or add to its number, provided that the number shall not exceed seven or be less than three. No application shall be heard before less than three members of the committee. 13. An application to strike the name of a solicitor off the roll of solicitors (whether at the instance of the solicitor laimself or of any other person), or an application to require a solicitor to answer port of com- allegations contained in an affidavit, shall be made to and shall be mittee. heard by the committee,' in accordance with rules to be made under the aiithority of this Act. The committee, after hearing the case, shall embody their find- ing in the form of a report to the High Court of Justice, except where the application is made at the instance of the solicitor him- self, in which case the report shall be made to the Master of the EoUs, who shall make such order thereon as he shall think fit. If the committee areof opinion that there is no prima- facie case ' The committee have a discretion to refuse an inquiry when they are of opinion that there is no primd-facic case. (See Times, Jnlv 30, ls<,)5.) Application; to be made to com- mittee oi & 52 VIC, CAP. Co 139 of misconduct against the sulicitor, the Sooioty need uol take any further proceedings ; but if tlie committee are of opinion that there is a, prima-facie case, it shall be the duty of the Society to bring tlie report of the committee before tlie Court. The report shall have the same effect, and shall be treated by the Court in the same manner, as a report of a master of Court ; and the Court may make such order thereon as to the Court may seem lit. Provided that any person who but for this Act would have been entitled to apply to the Court to strike a solicitor off the roll of solicitors, or to apply to require a solicitor to answer allegations contained in an affidavit, shall be entitled so to apply although the committee is of opinion that there is no imma-facie case of miscon- duct against the solicitor, and shall be entitled to be heard if the Society brings the report of the committee before the Court. 14. The committee may administer and take oaths and affirma- Power to tions for the purpose of an inquiry on any application made to oaUis"&c?^ them under this Act. 15. The Master of the EoUs, with the concurrence of the Lord Rules as to Chancellor and of the Lord Chief Justice of England, or one of ^jJore"'" them, may make, and from time to time alter and revolce, rules for committee. regvdating the making, hearing, and determining applications to the committee under this Act, and reports by the committee to the Court imder this Act, and generally for the purpose of the execution of the provisions of this Act. Miscellaneous. 16. If a solicitor who has obtained the Registrar's certificate Jurisdiction entitling him to practise neglects for twelve months after the ex- ^f ^''""'l^''*' piration of such certificate to obtain a fresh certificate, and subse- certifleate. quently applies for a fresh certificate, it shall bo in the discretion of the Registrar to grant or refuse the application, subject to an appeal to the Master of the EoUs, who may affirm the decision of the Registrar, or may direct the Registrar to issue a certificate to the appellant on such terms and conditions (if any) as he may think fi^t. Notice of the mtention to make the application must be given to the Registrar at least six weeks before the application is actually made, unless such notice is dispensed with by the Registrar or by the Master of the RoUs. 17. Any Act or thing authorised or required to be done by the Power to Society under or in pursuance of this Act shall be done by the ^"""^ be'hcK Council for the time being of the Society on behalf of the Society, of Society.' 18. If any person who immediately before the passing of this compenss,- Act was employed in, or in connexion with, the office of the Clerk tiou by of the Petty Bag, becomes entitled to compensation under section l^tty Bag 11 of the Great Seal (Officers) Act, 1874, or otherwise, in respect officers, of loss of salary by reason of the abolition of the office of Clerk of ^J ^ ^* ^"■- 140 THE SOLICITORS ACT, 1888 the Petty Bag, such compensation shall be paid by and out of the funds of the Society. ;for 19. The Master of the Bolls, or any judge of the High Court of i" Master™ Justice, may, notwithstanding anything in this Act, exercise any the Rolls and jurisdiction over solicitors which he might have exercised if this other judges. Act had not been passed. Repeal. 20. The Acts described in the first column of the schedule to this Act are hereby repealed to the extent specified in the second column of that schedule ; and the rules made by certain of Her Majesty's judges ' As to readmission and the taking out and renewal of certificates,' dated the 2nd day of November, 1875, are hereby also repealed ; without prejudice to anything already done or suffered, or to any proceeding which may at the commencement of this Act be pending under any of those enactments or rules ; and any such proceeding may be carried on and completed in all respects as if this Act had not been passed. THE SCHEDULE. A description or citation of a portion of an Act is inclusive of the words referred to as forming the beginning or the end of the portion comprised. Title or Short Title. The Solicitors Act, 1843 [U ife 7 Vic, c. 73]. The Colonial At- torneys' Belief Act, 1857 [20 A 21 Vict., c. 39]. The Solicitors Act, 1860 [23 A 24 Vic, c. 127]. Extent of Repeal. In sections 8 and 6 the words' and sworn ; ' and sec- tion 3 from ' Provided always ' to end of section ; sections 8 to 11 ; section 13 from ' Provided that ' to end of section ; sections 14 and 19 ; section 21, from 'and such registrar ' to ' and Durham; ' section 30 ; and section 46. Section 5 from ' for the judges ' to ' solicitor also and,' and from 'and not as an attorney ' to the first ' required,' and from ' an attorney or solicitor' to 'attorney and solicitor,' and from ' and if by any such ' to first ' after mentioned,' and from the second ' to administer ' to ' taken and,' and the words ' and they ' and ' or they ' and ' or them ' wherever they occur, and the words ' in the Court of Chancery ' and ' of such court.' Section 7 ; section 12 from ' as to the court ' to ' Westminster,' and from ' by affidavit ' to ' otherwise,' and from ' may proceed ' to ' alle- giance and,' and the word ' other ' before ' Acts,' and the words ' an attorney and ; ' section 17 ; and section 2. 51 & 52 VIC, C.\P. 63 141 Title or Short Title. The Solicitors Act, 1877 [40 & 41 Vic, 0. 25]. TJie Supreme Court of Judicature Act, 1881 [44 & 45 Vic, c. 68]. Extent of Repeal. Section 7 ; section 9 from ' In the meantime ' to ' appoint ; ' section 23 from ' with the qualification' to 'of this Act;' and all the enactments specified in Fart II. of the Second Schedule. Section 24 from 'Provision ' to end of section. RULES. By virtue and in pursuance of the Solicitors Act, 1888, and of all other powers and authorities enabling me in that behalf, I, the Eight Honourable William Baliol, Baron Eshek, Master of tho Eolls, with the concurrence of the Eight Honourable Haedinoe Stanley, Baron Halsbury, Lord High Chancellor of Great Britain, and the Eight Honourable John Duke, Baron Coleridge, Lord Chief Justice of England, do make and publish the following rules for regulating the making, hearing, and determining applica- tions to the Committee under the Act, and reports by the Com- mitte to the Court under the Act, and generally for the purpose of the execution of the provisions of the Act. Dated this 31st day of January, 1889. (Signed) Esher, M.E. PEELIMINAUY. Halsbuky, C. Coleridge, C.J. In these rules the expression ' the Society ' means the lucor- interpreta porated Law Society ; the expression ' the Eegistrar ' means the tioa. Eeglstrar of solicitors ; the expression ' the Committee ' means the Committee appointed under the Solicitors Act, 1888 ; and the expression ' Chairman ' means the person in the chair at any meeting of the Committee. PART I.— PEOCEDUEE OP AND EEPOETS BY COMMITTEE UNDEE SOLICITOES ACT, 1888. 1. An application to the Committee to strike a solicitor off the Application roU of Bolicitors, or to require a solicitor to answer allegations con- '° '"'^- mittee, how made. U2 THE SOLICITOES ACT, 1888 Notice to applicant and solicitor ■ of day of hearing. List of documeuts to be furnislied. Copies of documeut. Appoiirauec at licariug. tained iu an affidavit, must be in writing under the hand of the applicant and be sent to the Kegistrar, together with an affidavit, by the applicant, stating the matters of fact on which he relies in support of his application. 2. A copy of the application and of the affidavit, together with notice of the day for hearing the application, must be sent by the Begistrar to the solicitor at his last-known place of abode or business ; and notice of the day of hearing must also be given to the applicant. 3. The applicant and the solicitor respectively are to be required by the notices to furnish to the Begistrar and to each other a hst of all documents which they respectively propose to put in. Such list must, unless otherwise ordered by the Committee, be furnished by the applicant at least fourteen days before the day of hearing, and by the solicitor within seven days after he has received the list furnished by the applicant. 4. Either party may inspect the docmnents included in the list furnished by the other, and a copy of any document mentioned in the list of either party shall, on the application and at the expense of the party requiring it, be furnished to that party by the other within three days after receipt of the application. 5. At the hearing of the application by the Committee either party may appear in person, or by his counsel or solicitor. If the Committee see fit, they may appoint a solicitor to represent the applicant, and the costs of such soUcitor shall be paid out of the funds of the Society. But nothing in these rules shall be taken to prevent the Committee from proceeding in the absence of either party (although not represented), if, having regard to all the circum- stances of the case, they are of opinion that such absence is the result of gross negligence or of an intention to avoid or delay proceedings. 6. Where the application is made at the instance of the soHcitor Miicito" '''' himself, the Committee may, if they think fit, require him to give notice, by advertisement or otherwise, as they may direct, that he has made such application, and of the day appointed for the hearing of the same. 7. Witnesses shall be sworn, or their affirniations shall be taken by the Chairman of the Committee ; and witnesses (including the parties) shall be subject to examination and cross-examination as nearly as may be as if they were witnesses in an ordinary action. 7a. Either party to an application to the Committee may apply to the Committee to obtain the attendance of any witness before the Committee, and the Committee may thereupon, if it think fit, authorise the party so applying to apply to one of Her Majesty's Judges in Chambers for an order, in the matter of the solicitor whose conduct is the subject of inquiry, to issue a subjicena ad testifican- dum or duces tscum requiring the attendance of any witness before 3 of ap- solicitor iiimself. Witnesses. SubpcEuas for atteud- auce of witneises. oi & J2 yic, CAP. Oo 113 the Comuiittee, aud if such Judge thinks fit to make such order, such subpoena shall issue from the Central Oflice of the Supremo Court upon such order of the Judge. The service of a subpoena shall be effected by delivering a copy of the subpoena and of the Judge's order. Service of a subpoena shall be of no validity if not made within twelve weeks after the date of the Judge's order. A subpoena issued under this rule shall be in one of the forms set out in the schedule to these rules, with such variations as cir- cumstances may require. 8. After hearing the case, a report of the finding of the Com- Eeportot mittee thereon shall be drawn up, and be signed by the Chairman Coii™**'^- of the Committee, and, except where the application is made at the instance of the solicitor himself, shall be filed at the Central Office of the Supreme Court. If the application be made at the instance of the solicitor himself, the report shall be made to the Master of the Rolls and filed with the Eegistrar, or in such place as the Master of the RoUs shall from time to time direct. 9. The Committee may at any time sit in two divisions, each Power ur consisting of not less than three members ; and the acts and pro- ti°sit iu'"' ceedinga and the report of any such division shall to all intents aivisious. and purposes be the acts and proceedings and the report of the Committee. 10. If the report be set down for consideration by the High ^'utit-c nf Court, the Eegistrar shall forthwith give notice of the day of pou™" ^'^ hearing to the applicant and to the solicitor. 11. If the order of the Court made on consideration of a report Entry on roll be adverse to the solicitor, the Eegistrar shall make such entry (if °^ s"li'-'tors. any) on, or alteration in, the roll of solicitors as shall be required by the order. 12. The Committee may fix the times and places of their sittings, aud may adjourn any case from time to time. PART II.— REGISTRATION OF ARTICLES. When articles are produced to the Registrar for registration, a, Production certificate of having passed a preliminary examination, or satisfac- ?■ ^^™"?'''" tory evidence that the person named in the articles is not required fioatc under the enactments and regulations for the time being in force required, to pass a preliminary examination, must, together with a statutory declaration verifying the due execution of the articles, be produced to the Registrar. PART III.— ADMISSION. 1. Every person applying to be admitted as a solicitor shall, Notice to be sic weeks at least before the first day of the month in which he s'^'=." '" proposes to be admitted, send to the Eegistrar a notice in writino- """'''''"^ ^^ 144 THE SOLICITORS ACT, 1888 applicants for admis- sion. Ilegistrar to make alpha- betical list. Admissiou by fiat of i^Iaster of the Eolls. Objection to admission. Kotifc of hearing objection. rirdcr \>y Master of the Ilolls on hearing of objection. Order to be iTiitler his hand, stating liis then place of abode, and the name or names, and place or places of abode, of the person or persons with whom he has served as an articled clerk. 2. The Begistrar shall reduce all such notices into an alpha- betical list under convenient heads, and shall three weeks at least before the first day of the month named in any such notice afiSx such list in some conspicuous place in the Hall of the Society, and in such other place or places as shall be from time to time directed by the Council. 3. On production to the Master of the Eolls, after the expiration of such period of six weeks, of a certificate under the hand of the Ilegistrar that the applicant has passed a final examination, the Master of the Eolls may, by writing under his hand, admit the applicant to be a solicitor. 4. Any notice of objection to the admission of any applicant as ij, solicitor must be in writing under the hand of the objector, and must be sent to the Eegistrar, together with an affidavit of the matters of fact relied on in support of the objection. Copies of the notice and of the afiidavit must, at the same time, be sent to the applicant for admission. Such objection must be brought before the Master of the Eolls by the Eegistrar. 5. The Master of the Eolls will thereupon appoint a time for hearing the objection, and notify to the Eegistrar by his secretary the time appointed, and the Eegistrar shall forthwith notify the same to the ap]ilicant and the objector. 6. The applicant, the objector, and the Eegistrar may appear in person or be represented at the hearing by counsel or soUcitor, and the Master of the EoUs, after hearing the case, ^^•ill make such order thereon as he shall think proper. 7. The order, if refusing the admission, will be signed by the IMastcT of the Eolls, and shall be filed ^vith the Eegistrar. Application for readmis- siou. Notice of application to Registrar, Hearing of petition. PAET IV.— EEADMISSION. 1. An application by a person who has been struck off the roll of solicitors to be readmitted as a solicitor must be made by petition to the Master of the Eolls under the hand of the applicant, and be accompanied by an affidavit of the matters of fact on which he relies in support of his application. 'i. The applicant must at least six weeks before sending in hig petition give written notice of his intention to do so to the Eegistrar, and within two days after sending in the petition to the Master of the Eolls must send to the Eegistrar a copy of the petition and of the afiidavit or affidavits in support thereof. 3. The Master of the EoUs, on hearmg the petition, may make Buch order disposing thereof as he may think fit, or may refer the petition to be disposed of by a Divisional Court. 61 & 52 VIC, CAP. 65 145 The Secretary to the Master of the Bolls will give notice of the day of hearing to the Begistrar, who shall forthwith give notice thereof to the applicant ; and the Begistrar and the applicant may appear in person or be represented at the hearing by counsel or solicitor. 4. The order made on the petition, together with the affidavit or Order to be affidavits used at the hearing, shall be filed with the Begistrar, who ^' ' shall make such entry on or alteration in the roll of solicitors as shall be required by the order. PAET v.— APPEAL AS TO BENEWAL OF CEBTIFICATE. An appeal to the Master of the Bolls from awefusal of the Appeal to be Begistrar to grant an application for renewal of a solicitor's annual ^^ ""^ ' '""' certificate must be made by petition, accompanied by an affidavit in like manner as an application for readmission, and the like notice must be given, and the like copies sent, as in the case of an application for readmission. PAET VI.— GENEEAL PBOVISIONS. 1. The Committee may dispense with any requirements of these Power to rules respecting notices, affidavits, documents, service, or time, in '''■\?,™oype5 any case where it appears to the Committee to be just so to do. 2. All notices required by these rules may be served by registered Service ot letter, and in proving service it shall be sufficient to prove that the "°'"'^^- notice was properly addressed and posted. Any notice required to be given or other document having to be signed by the Begistrar may be signed by the Secretary of the Society, or by any person duly authorised by the Society in that behalf. 3. The forms in the schedule to these rules shall be used in all Forms, cases as far as practicable, and shall be valid ; but a deviation from those forms shall not by reason only of such deviation render any application, affidavit, or other document or proceedings invalid. SCHEDULE. FOEM I. FORM OP APPLICATION AGAINST A SOLICITOE. To THE EeGISTBAH OF SoLIOITOBS. In the Matter of CD., a solicitor, and In the Matter of the Solicitors Act, 1888. I, the undersigned A. B., hereby make application that *C. D., of • insert full , solicitor, may be required to answer the allegations name uml 146 THE SOLICITOES ACT, 1888 last-known contained in the affidavit which accompanies this application, and that place or his name may be struck off the roll of solicitor's of the Supreme Court, or birtncsf. ''''^' '^*^ ™^y ^^ suspended from practice as a solicitor, or that such other order may be made as the Court shall think right. I make this application on the ground that the matters of fact stated in the said affidavit constitute professional misconduct on the pai-t of the said C. D. in his capacity of solicitor of the Supreme Court of Judicature in England. In witness whereof I h ave hereunto set my hand this day of , 18 . Signature _^__ A ddress * (Profession, husincss, i or occtipaiion. FORM II. EOEM OP APPLICATION BY A SOLICITOE. To tBE Eegisteab of Solicitobs. I, the undersigned C. D,, solicitor, hereby make application that my name may be struck off the roll of solicitors. I make this application for the following reasons. [Here set out the reasons for the application.] In witness whereof I have hereunto set my hand this day of , 18 . Signahirc. r Address and place or \ peaces of hiismess. FOBM III. FOBM OP NOTICE BY EEGISTEAE TO SOLICITOE. In the Matter of C. D., a solicitor, and In the Matter of the Solicitors Act, 1888. To C. D., or , SoLiciTOE. Application has been made by A. B., of , to the Begistrar of solicitors that you may be required to answer the allegations con- tained in the affidavit whereof a copy accompanies this notice, and that your name may be struck oii the roll of solicitors, or that you may be suspended from practice as a solicitor, or that such order may be made as the Court shall think right. The day of is the day fixed for the 51 & 52 VIC, CAP. C5 1-17 hearing of the application by the Committee appointed under the Soli- citors Act, 1888. The Committee will sit at the Hall of the Incorporated Law Society, Chancery Lane, London, W.C., at o'clock in the noon, and you may appear in person or be represented by counsel or solicitor. If you fail to appear or to be represented, the Committee may proceed in your absence. The case must on both sides be proved by oral or documentary evidence, UTespective of the affidavit in support of the application. The applicant is, by the rules made under the Solicitors Act, 1888, required to furnish to you a list of all documents which he proposes to put in, and within seven days after receiving such list you are required by the said rules to furnish to him, and to the Begistrar at the office of the Incorporated Law Society, Chancery Lane, London, W.C., a list of all documents which you propose to put in. By the said rules either party may inspect the documents included in the list furnished by the other, and a copy of any document men- tioned in the list of either party must, on the application and at the expense of the party requiring it, be furnished to that party by the other within three days after receipt of the application. You are requested to acknowledge the receipt of this notice without delay. For the Registrar of Solicitors. Dated this day of , 18 , POEM IV. FOEM OP NOTICE BY EEGISTEAE TO APPLICANT. In the Matter of C. D., a solicitor,' and In the Matter of the Solicitors Act, 1888. To A. B., OP The day of is the day fixed for the hearing of your application in the matter of C. D., solicitor, by the Committee appointed under the Solicitors Act, 1888. The Committee will sit at the Hall of the Incorporated Law Society, Chancery Lane, W.C, at o'clock in the noon, and you may appear in person, or be represented by counsel or solicitor. You are required by the rules made under the Solicitors Act, 1888, to furnish to the said C. D., and to the Begistrar of Solicitors at the office of the Incorporated Law Society, Chancery Lane, London, W.C, at least fourteen days before the said day of , a list of all documents which you propose to put in. By the said rules either party may inspect the documents included in the list furnished by the other, and a copy of any document men- tioned in the list of either party must, on the application and at the 1.2 148 THE SOLICITOES ACT, 1888 expense of the party requiring it, be furnished by that party to the other within three days after receipt of the application. The case must on both sides be proved before the Committee by oral or documentary evidence, inespective of the affidavit in support of the application, and in the event of the solicitor complained of not appear- ing, and of the Committee being asked to proceed in his absence, the complainant should be prepared to prove actual service, in accordance ■with the Eules issued under the Act, of the list of documents and any other notice or correspondence since the lodging of the application, and to show that the absence of the solicitor complained of is the result of gross negligence or of an intention to avoid or delay proceedings. You are requested to acknowledge the receipt of this notice without delay. For the Registrar of Solicitors. Dated this day of , 18 . FORM V. FORM OP AFFIDAVIT BY APPLICANT. In the Matter of C. D., a solicitor, and In the Matter of the Solicitors Act, 1888. I, A. B., of , make oath and say as follows : — • Insert full 1. *C. D., of name and solicitor of the Supreme Court of Judicature in England, has been iflLe or™° employed by me in a professional capacity for the last ten years (or as places of the case may be). business. 2. [Here state the facts concisely in numbered paragraphs, and show deponent's means of knowledge.] Sworn, &c. FORM VI. FORM OF AFFIDAVIT BY APPLICANT, BEING A SOLICITOR. I, A. B., of , make oath and say as follows : 1. I was admitted a solicitor on the day of , 18 , and practised under certificate from the year to 2. The reasons set out in my application that my name may be struck off the roll of solicitors (a copy of which application is now pro- duced to me, and marked A) are true. 3. I am not aware of, and do not know of any cause for any application to the Court or to the Committee under the Solicitors Act, 1888, that 51 & 52 VIC, CAP. 65 149 my name may be struck off tlio roll of solicitors, or that I may be sus- pended from practice as a solicitor, or that I should answer the allega- tions contained in an affidavit. I do not make this application for the purpose of evading any adverse application, or of defeating or delaying any claim upon me as a solicitor. Sworn, &o. rOKJVI VI. A. FOEM OF SUBPOENA AD TESTIFICANDUM. In the Matter of 0. D., a solicitor, and In the Matter of the Solicitors Act, 1888. Victoria, by the Grace of God, &c. To , greeting. We command you to attend before the Committee appointed under the Solicitors Act, 1888, at , on day the day of ,18 , at the hour of in the noon, and so from day to day until the application in the above matter is heard, to give evidence on behalf of Witness, Lord High Chancellor of Great Britain, the day of , in the year of our Lord 18 . FORM VI. B. FOEM OF SUBPOENA DUCES TECUM. In the Matter of C. D., a solicitor, and In the Matter of the Solicitors Act, 1888. VicTOEiA, by the Grace of God, &c. To , greeting. We command you to attend before the Committee appointed under the Solicitors Act, 1888, at , on day the day of ,18 , at the hour of in the noon, and so on from day to day until the application in the above matter is heard, to give evidence on behalf of , and also to bring with you and pro- duce, at the time and place aforesaid [specify documents to be produced]. Witness, Lord High Chancellor of Great Britain, the day of , in the year of our Lord 18 . 150 STAMP ACT, 1891 Articles In Scotland not to be charged with more than one duty of 60?. Terms upon ivljich articles may he stamped af'er execu- tion. Stamp Act, 1891, 54 & 55 Vic, cap. 30, An Aft to consolidate the Enaciments granting and relatinrj to Stamp Duties upon Instruments and certairi other Enactments relating to Stamp Duties. [July 21, 1891. [Only such parts of the Act as affect solicitors in particular are set out.] Articles of ClerJcship. 36. — (1.) Where the same articles are a qualification or the admission of any person as a law agent to practise before the Court of Session, and also as a law agent to practise before a sheriff court in Scotland, the articles are not to be charged with any further duty than sixty pounds. (2.) Where any person has become bound by duly stamped articles in order to his admission as a law agent to practise before a sheriff court in Scotland, the articles shall, on payment of such further amount of duty as, together with the amount pre^aously paid thereon, will make up the sum of sixty pounds, be impressed with a stamp denoting the payment of the further duty, and shall thereupon be considered to be suflSciently stamped for entitling the person to admission as a law agent to practise before the Court of Session. 27. Save as hereinbefore provided, articles of clerkship are not to be stamped at any time after the date thereof, except upon paj-- ment of penalties, as follows : (a.) If brought to be stamped within one year after date, ten pounds : (6.) If so brought after one year, and within five years after date, — For every complete year, and also for any additional part of a year elapsed since the date, ten poimds : (o.) In every other case, fifty pounds. Penalty for practisiug Tvithout certificate, or making false state- ment on application lor certifi- cate. Certificates of Solicitors and others. 4o. — (1.) Every person who in anypart of the United Kingdom — (ii.) Directly or indirectly acts or practises as a solicitor or law agent in any court, or as a notary public, without having in force at the time a duly stamped certificate ; or (6.) On applying for his certificate does not truly specify the facts and circumstances upon which the amount of duty chargeable upon the certificate depends : shall incur a fine of fifty poimds, and shall be incapable of main- taining any action or suit for the recovery of any fee, reward, or .04 & 00 YIC, OAP. 39 161 disbursemeut on account of or in relation to any act or proceeding done or taken by him in any such capacity. (2.) Every person in whose name, either alone or together >vit]i any other person, any proceeding is talsen in any court, shall, unless the proceeding is set aside by the court as irregular, or unless the contrary is otherwise satisfactorily proved, be deemed to have acted in the proceeding. (3.) Nothing in this Act shall require a stamped certificate to be taken out by a person who is by law authorised to act as solicitor of a public department without admission, or by any assistant or clerk or officer appointed to act under the direction of such solicitor. ■14. Every person who (not being a barrister, or a duly certifi- Penalty on cated solicitor, law agent, writer to the signet, notary public, con- ""i^aiiflea veyancer, special pleader, or draughtsman in equity) either directly prcpariug or indirectly, for or in expectation of any fee, gain, or reward, draws instruments. or prepares any instrument relating to real or personal estate, or any proceeding in law or equity, shall mour a fine of fifty pounds. Provided as follows : (1.) This section does not extend to — {a.) Any public officer drawing or preparing instruments in the comrse of his duty ; or (6.) Any person employed merely to engross any instrument or proceeding. (2.) The expression ' instrument ' in this section does not include — ' {a.) A will or other testamentary instrument ; or (6.) An agreement under hand only ; or (c.) A letter or power of attorney ; or \d.) A transfer of stock containing no trust or limitation thereof. 45. It shall not be necessary for any person reqiured to take one certia out a stamped certificate to take out in England, or in Scotland, or cate only in Ireland more than one certificate for any one year. required. 46. The certificates of solicitors in England and Ireland are to solicitors' be applied for, taken out, issued, dated, and stamped, — certifloates in England [a.) In England, in accordance with the provisions in that behalf and Ireland. of the SoHcitors Acts, 1843, 1860, 18T7, and 1888 ; (h.) In Ireland, in accordance with the provisions in that behalf of the Attorneys and Solicitors Act, Ireland, 1806. 47. Every person required to take out a certificate to authorise other cer- him to practise : — tiflcates. (a.) In Scotland, as a law agent or writer to the signet ; or (6.) In England or Ireland, as a conveyancer, special pleader, or draughtsman in equity ; or (c.) In any part of the United Kingdom, as a notary public ; 152 STAMP ACT, 1891 shall in every j'ear before he does any act in any of the aforesaid capacities, deliver to the Commissioners, or to their proper oflicer, in such manner and form as they direct, a note in viriting stating his full name and the place where he carries on his business, and thereupon, and upon payment of the proper duty, shall be entitled to a certificate, which is to be duly stamped and issued to him by the Commissioners. Date and 48. The certificates in this section specified are to be dated and cim-atiou of (q expire at the times hereinafter in that behalf mentioned : that is certain ^ ' certificates, to say, (a.) The certificates of law agents, writers to the signet, and notaries public in Scotland, and of conveyancers, special pleaders, and draughtsmen in equity in England, are to be dated, if taken out between the thii;ty-first of October and the first of December, on the first of November, and if taken out at any other time, on the day on which they are issued, and are in all cases to expire on the thirty-first of October next after their date. (h.) The certificates of notaries public in England are to be dated, if taken out between the fifteenth of November and the sixteenth of December, on the sixteenth of November, and if taken out at any other time, on the day on which they are issued, and are in all cases to expire on the fifteenth of November next after their date. FIRST SCHEDULE. Admission o£ any person — £ s. J. As a solicitor of the Supreme Court in England, or of tlie Court of Judicature in Ireland . . . . 25 Exeviption. Admission of any person -who has been previously duly admitted as a law agent to practise before the Court of Session or as a writer to the signet to act in the other of those capacities. Admission to act as a notary public. See Faculty. Articles of clerkship whereby any person first becomes bound to serve as a clerk in order to his admission — (1.) As a solicitor of the Supreme Court in England or of the Court of Judicature in Ireland . . . 80 And see sections 26 and 27. Articles of clerkship whereby any person, having been bound by previous duly stamped articles to serve as a clerk in order to his admission in any of the courts aforesaid, and not having completed his service so as to be entitled to such admission, becomes bound afresh for the same purpose ..... .... 10 THE SOLICITORS ACT, 1894 153 Certificate to be taken out yearly — (1.) By every person admitted or enrolled in England or Ireland as a solicitor, or in Scotland as a law agent or writer to the signet, or in any part of the United Kingdom as a notary public. (2.) By every other legally qualified person who carries on business in England or Ireland as a conveyancer, siiecial pleader, or draughtsman in equity, and is obliged by law to take out such certificate. If such person practises or carries on iiis business In England, within ten miles from the General Post Office in the City of London In Scotland, within the city or shire of Edinburgh In Ireland, in the city of Dublin, or within three miles therefrom In England, Scotland, or Ireland, beyond ) the above-mentioned limits ^ And see sections 43, 44, 45, 46, 47, and 48 If lie lias been admitted or enrolled, or bas carried on business, for three years or upwards d. 9 If he has nob been so long admitted or enrolled, or has not so long carried on business £ .■<. d. 4 10 3 Faculty, licence, commission, or dispensation for admitting or authorising any person to act as a notary public : In England In Scotland or Ireland 30 20 The Solicitors Act, 1894, 57 Vic, cap. 9. An Act to amend the Provisions of the Solicitors Act, 1877, relating to the Examination of Persons applying to be admitted Solicitors of the Supreme Court in England. [June 18, 1894. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. This Act may be cited as ' The Solicitors Act, 1894,' and shall short title be construed together with the Solicitors Act, 1877, and con- Btmction. 154 THE SOLICITORS ACT, 1894 inicrpreta- 2. Words and expressions to which meanings are assigned by lo'&iivio. *'^^6 Solicitors Act, 1877, have in this Act the same respective c. 26. meanings. Power of 3. It shall be lawful for the Incorporated Law Society, by regu- Society to lations made under section 6 of the Solicitors Act, 1877, to exempt iuteraediate from the whole or from any part of the intermediate examination examination persons who have, before the passing of this Act, obtained, or who haTOtlkcn" shaU hereafter obtain, the degree of bachelor of civil law or bachelor certain of laws or bachelor of law or a certificate of having passed the degrees, &c. examination required for such degree at any university in the United Kingdom, or any such other degree or distinction in any school or faculty of law or jurisprudence at any university in the United Kingdom as shall be from time to time specified in the regulations. A person exempted from the whole of the intermediate examina- tion may be admitted as a solicitor without u, certificate of having passed such examination, and a person exempted from part of the intermediate examination may be admitted as a solicitor if he has obtained a certificate of having passed the part or parts of the examination from which he is not exempted. 155 COMMISSIONERS FOR OATHS Commissioners for Oaths Act, 1889, 52 Vio.j cap. 10. An Act for amending and consolidating Enactments relating to the Administration of Oaths. [M^ay 31, 1889. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the autho- rity of the same, as follows : 1. — (1.) The Lord Chancellor may from time to time, by com- Appoint- mission signed by him, appoint persons being practising solicitors ™™' '"'"I or other fit and proper persons to be commissioners for oaths, and TOmmfs" may revoke any such appointment. siomrs fur (2.) A commissioner for oaths may, by virtue of his commission °*' ^" in England or elsewhere, administer any oath or take any afiidavit for the purposes of any court or matter in England, including any of the ecclesiastical courts or jurisdictions, matters ecclesiastical, matters relating to applications for notarial faculties, and matters relating to the registration of any instrument, whether under an Act of Parliament or otherwise, and take any bail or recognisance in or for the purpose of any civil proceeding in the Supreme Court, in- cluding aU proceedings on the revenue side of the Queen's Bench Division. (3.) Provided that a commissioner for oaths shall not exercise any of the powers given by this section in any proceeding in which he is solicitor to any of the parties to the proceeding, or clerk to any such solicitor, or in which he is interested. 2. Every person who, being an officer of or performing duties in Powers of relation to any court, is for the time being so authorised by a judge ^^jj.gj." ^j of the court, or by or in pursuance of any rules or orders regulating court,*.?., to the procedure of the court, and every person directed to take an aaminister examination in any cause or matter in the Supreme Court, shall ^ '^' have authority to administer any oath or take any affidavit required for any purpose connected with his duties. 3. — (1.) Any oath or affidavit required for the purpose of any Takiug of court or matter in England, or for the purpose of the registration of 2?*^ "'J' "^ any instrument in any part of the United Kingdom, may be taken °^ ™ ' 156 COJMMLSSIONEES l-OK OATH.S A(.'T, 1889 or iiiado in any place out of England before any person having authority to administer an oath in that place. (2.) In the case of a person having such authority otherwise than by the law of a foreign country, judicial and official notice shall be taken of his seal or signature affixed, impressed, or subscribed to or on any such oath or affidavit. Appoint- 4. The Lord Chancellor may, whenever it appears to him neces- ment of g^ry to do SO, authorise any person to administer oaths and take administer affidavits for any purpose relating to prize proceedings in the Su- oatiis for preme Court, ■\\'hilst that person is on the high seas or out of Her oeedJiSs'' Majesty's dominions, and it shall not be necessary to affix any stamp to the document by which he is so authorised. Jurat to 5. Every commissioner beforewhom any oath or affidavit is taken state where or made under this Act shall state truly in the jurat or attestation oatiautakcn. ^' what place and on what date the oath or affidavit is taken or made. Powers as to 6. — (1.) Every British ambassador, envoy, minister, charge oaths and d'affaires, and secretary of embassy or legation exercising his func- notarialacts .. . c ■ ^ j -□ •*• i. i i abroad. tions in any foreign country, and every British consul-general, consul, vice-consul, acting consul, pro-consul, and consular agent exercising his functions in any foreign place may, in that country or place, administer any oath and take any affidavit, and also do any notarial act which any notary public can do within the United Kingdom ; and every oath, affidavit, and notarial act administered, sworn, or done by or before any such person shall be as effectual as if duly administered, sworn, or done by or before any lawful autho- rity in any part of the United Kingdom. (2.) Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal and signature of any person authorised by this section to administer an oath in testimony of any oath, affidavit, or act being administered, taken, or done by or before hiiu, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person. Perjurs'. 7. Whoever wUfuUy and corruptly swears falsely in any oath or affidavit taken or made in accordance with the provisions of this Act, shall be guilty of perjury in every case where if he had so sworn in a judicial proceeding before a court of competent jurisdic- tion he would be guilty of perjury. Forgery. 8. Whoever forges, counterfeits, or fraudulently alters the seal or signature of any person authorised by or under this Act to administer an oath, or tenders in evidence, or otherwise uses, any affida\it having any seal or signature so forged, or coimterfeited, or fraudu- lently altered, knowing the same to be forged, counterfeited, or fraudulently altered, shall be guilty of felony, and liable on conviction to penal servitude for any term not exceeding seven years and not less than five years, or to imprisonment with or without hard labour for any term not exceeding two years. 02 ViC, CAP. 10 157 9. Any offence under this Act, whether committed within or Trial of without Her Majesty's dominions, may be inquired of, dealt with, o^ff^n^^^- tried, and punished in any county or place in the United Kingdom in which the person charged with the offence was apprehended or is in custody, and for all purposes incidental to or consequential on the trial or punishment the offence shall be deemed to have been committed in that county or place. 10. Where any offence under this Act is alleged to have been impounding committed with respect to any affidavit, a judge of any court before "' ^i"^"" which the affidavit is prodiiced may order the aflidavit to be im- pounded and kept in such custody and for such time and on such conditions as he thinks fit. 11. In this Act, unless the context otherwise requires — Deflnitious. ' Oath ' includes affirmation and declaration : • Affidavit ' includes affirmation, statutory or other declaration, acknowledgment, examination, and attestation or protestation of honour : ' Swear ' includes affirm, declare, and protest : ' Supreme Court ' means the Supreme Court of Judicature in England. 12. The enactments specified in the schedule to this Act are ncpeal. hereby repealed to the extent specified in that schedule. Provided that this repeal shall not affect — ■ (n) anything done or suffered under any enactment re- pealed by this Act ; nor (/)) any appointment made under authority given by or in pursuance of any enactment so repealed ; nor (e) any punishment incurred or to be incurred in respect of any offence committed before the commencement of this Act against any enactment so repealed ; nor (<1) any legal proceedings for enforcmg any such punish- ment; and any such legal proceeding may be instituted or continued and any such punishment may be im- posed as if this Act had not been passed. 13. A commissioner authorised before the commencement of this Commis- Act to administer oaths in the Supreme Court shall be deemed to F^'™" '''™'''' be a commissioner for oaths within the meaning of this Act. mencemeut 14. This Act shall commence and come into operation on the oi Aot. first day of January, one thousand eight hundred and ninety. SmtT"'^^ 15. This Act may be cited as ' The Commissioners for Oaths Short title. Act, 1889.' SCHEDULE. A description or citation of a portion of an Act is inclusive of tlie words, sections, or other parts, first and last mentioned, or otherwise COMMISSIONERS FOE OATHS ACT, 18 referred to as forminf! the beginning, or as forming the end respectively, of the portion comprised in the description or citation. Section and T'linjitei'. 10 * 17 Chas. 2, cap. 9 17 Geo. 2, cap. 7 4 Geo. 3, cap. 21 G Geo. 4, cap. 87 3 & 4 Will. 4, cap. 42 4 & 5 Will. 4, cap. 42 2 & 3 Vic, cap. 58 An Act to empower the Chancellor of the Duchy to grant commissions for taking affidavits within the duchy liberty. An Act for taking and swearing affidavits to be made use of in any of the courts of the county palatine of Lancaster. An Act for taking and swearing affidavits to be made use of in any of the courts of the county palatine of Durham. An Act to regulate the payment of salaries and allowances to British consuls at foreign ports, and the disbursements at such ports for certain public purposes. An Act for the further amendment of the law and the better advance- ment of justice. An Act to facilitate the taking of affidavits and affirmations in the Court of the Vice Warden of the Stannaries of Corn- wall. An Act to make further provision for the ad- ministration of justice and for improving the practice and proceed- ings in the Courts of the Stannaries of Cornwall. Extent of P.epefil. The whole Act. The whole Act The whole Act. Section 20. Section 42. The whole Act. Section C from ' and that any commissioner.' 52 VIC, CAP. 10 159 Section and Chapter. 5 & G Vic, cap. 103 . G A 7 Vic, cap. 82 . 11 & 12 Vie., cap. 10 15 & 16 Vic, cap. 76 15 * 16 Vic, cap. 86 10 & 17 Vic, cap. 70 16 & 17 Vic, cap. 78 17 & 18 Vie., cap. 78 18 & 19 Vic, cap. 42 Title. An Act for abolishing cer- tain offices of the High Court of Chancery in England. An Act the title of which be- gins with the words ' An Act for extending,' and ends with the words ' ex- amination of witnesses.' An Act for empowering certain officers of the High Court of Chancery to administer oaths and take declarations and affirmations. The Common Law Pro- cedure Act, 1852. An Act to amend the practice and course of proceeding in the High Court of Chancery. The Lunacy Regulation Act, 1853. An Act relating to the appointment of persons to administer oaths in Chancery, and to affi- davits made for pur- poses connected with registration. The Admiralty Court Act, 1854. An Act to enable British diplomatic and consular agents abroad to admin- ister oaths and do nota- rial acts. Extent of Repeal. Sections 7 and 8. Sections 1 to 4. The whole Act. Section 23. Sections 22, 23, and 24. Section 57. The whole Act. Section 6 from 'and any examiner ' to the end of the section. Sections 7 to 11. The whole Act. 160 COMMISSIONERS FOE OATHS ACT, 1891 Section and Chapter. Title. Extent of Eepcal. 18 & 19 Vic, cap. 134 An Act the title of which begins with the words ' An Act to make fur' ther provision,' and ends with the words ' leasing and sale there- of.' Section 15. 20 & 21 Vic, cap. 77 21 & 22 Vic, cap. 95 21 * 22 Vic, cap. 108 22 Vic, cap. 10 28 * 29 Vic, cap. 104 32 A 33 Vic, cap. 38 40 .t 41 Vic, cap. 25 All Act to amend the law relating to probates and letters of administration in England. An Act to amend the Act of the twentieth and twenty - first Victoria, chapter seventy-seven. An Act to amend the Act of the twentieth and twenty - first Victoria, cliapter eighty-five. An Act the title of which begins with the words ' An Act to enable,' and ends with the words ' of the Exchequer.' The Crown Suits, &e., Act, 1865. The Bails Act, 1809 . The Solicitors Act, 1877 Section 27 to ' Pro- vided that ' and from ' and any person who ' to cud of section. Sections 30 to 34. Sections 20 to 23. The whole Act ex- cept section 5. Sections 18, 43, and 44. The whole Act. Section IS. Commissioners for Oaths Act, 1891, 54 & 55 Vic, cap. 50. An Act to amend the Commissioners for Oaths Act, 1889. [August 5, 1891. ^yhereas doubts have been entertained wliether the power.s to administer oaths and take affidavits conferred on a commissioner 54 & oj VIC, CAP. 50 161 for oaths by the Commissioners for Oaths Act, 1889, extend to oaths 62 & 53 Vic and affidavits required by special provisions to be made before a °' justice of the peace, or any particular person or officer, and it is ex- pedient to remove such doubts : Be it therefore enacted by the Queen's most Excellent Majesty, liy and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. Where by or under the Merchant Shipping Acts, 1854 to Affldavit,&c. 1889, or the Customs Consohdation Act, 1876, or the Patents, Se^'before Designs, and Trade Marks Acts, 1883 to 1888, or the Pawnbrokers commis- Act, 1872, or Acts amending the same respectively, any oath or sionerat affidavit is required to be taken or made before any particular per- ""^ ^ '""^' son or officer, whether having special authority or otherwise, and whether at any particular place, or within any specified limits or otherwise, such oath or affidavit may be taken or made before a commissioner for oaths, at any place, and shall be as effectual to all intents and purposes as if taken or made before such person or officer, and at any particular place or within specified limits. 2. In section 6 of the Commissioners for Oaths Act, 1889, Amendment after the words ' considar agent ' shall be inserted the words vio.^c^io' 'acting consul-general, acting vice-consul, and acting consular s. 6, as agent.' consuiM 3. This Act shall be read with the Conunissioners for Oaths agent. Act, 1889, and may be cited as The Commissioners for Oaths Act, oonstmc- 1891, and the Commissioners for Oaths Act, 1889, and this Act may tion ami be cited together as The Commissioners for Oaths Acts, 1889 and =''°'"' '"'«• 1S91. M 162 THE COLONIAL ATTORNEYS' RELIEF ACT COLONIAL SOLICITORS ACTS The Colonial Attorneys' Belief Act, 20 & 21 Vic, cap. 39. An Act to regulate the Admission of Attorneys and Solicitors of Colonial Courts in Her Majesty's Superior Courts of Law and Equity in Englamd, in certain Cases. [August 17, 18§7. Preamble, &e. [55 & 56 Vic, cap. 19]. ' Short title. !• This Act may for all purposes be cited as 'The Colonial Attorneys' Belief Act.' wiien Act to 2. This Act shall not take effect in any one or more of Her come into Majesty's colonies or ■ dependencies until Her Majesty has, by "^"' ' ' Order in Council, to be made as hereinafter mentioned, directed the same to come into operation in respect to such colony or dependency. Attorneys 3. All persons who, being subjects of the British Cro'wn, have ■Mi soiici- jjggjj Qj. ghaU hereafter be duly admitted and enrolled as attorneys colonial and solicitors in the Superior Courts of Law and Equity in those of courts to be Her Majesty's colonies or dependencies where the system of juris- com-ts*af law prudence is founded on or assimilated to the Common Law and nnd equity Principles of Equity as administered in England, and where full in England. ggj.yi(;e under articles of clerkship to an attorney-at-law for the space of five years at the least, and an examination to test the qualification of candidates are or may be required previous to such afdmission, save only in the case of persons previously admitted as attorneys or solicitors in the Superior Courts of Law or Equity in England, such colonies or dependencies to be from time to time specified in and by Order in Council, as hereinafter provided, shall and may be admitted . . . solicitors in the High Court ... in England, subject as hereinafter provided [55 & 56 Vic, cap. 19]. No person to 4. No person shall be deemed qualified to be admitted as . . . '^ '^^fl^^ solicitor, under the provisions of this Act, unless he shall pass such unless he examination' to test his fitness and capacity as hereinafter provided, shall pass an and shall produce at such examination a certificate from the pre- ' But see 37 & 38 Vic, c 41 (An Act to amend the Colonial Attorneys' Relief Act). 20 & 21 VIC, CAP, 39 163 siding Judge of the Superior Court of Common Law in the colony examiDa- or dependency ■where such person shall have been duly admitted an pr^'uc°"*a attorney and soUcitor, and stating the amount of the stamps which certificate have been paid by such person on his articles of clerkship and ad- *„a™*''f ^v mission to practice in such colony, in the form or to the effect as court where contained in schedule (A) hereunto annexed, and shall further make ''« was affidavit (in such manner as shall be provided by order or regulation " ""''*^- to be made by the judges of the Superior Courts of Common Law and the Master of the Eolls respectively, as hereinafter provided) that he is resident within the jurisdiction of the said Superior Courts of Law and Equity in England, and that he has ceased, for the space of twelve calendar months at the least, to practise as attorney or soHcitor in any Colonial Court of Law [55 k 56 Vic, cap. 19]. 5. It shall be lawful ... for the Master of the Bolls, as and J^f^^^,f when any person shall seek as aforesaid to be admitted as a solicitor to appoint ... at any time before he . . . shall admit or issue a fiat for the examiners. admission of any such person as aforesaid, to examine and inquire by such ways and means as he . . . shall think proper touching the qualification and the fitness or capacity of such person . . . and for that purpose it shall be lawful for him . . . from time to time, as application for admission as aforesaid shall be made, to appoint such persons as examiners, and to make such orders and regulations for conducting such examination as he . . . shall think proper . . . and if by such examination the Master of the Eolls shall be satisfied that such person is duly qualified and fit and competent to be admitted to act as a solicitor, thsn, and not other- wise, he is hereby authorised and required ... to cause him to be admitted a solicitor . . . and his name to be enrolled as a solicitor . . . which admission shall be written on parchment, and signed by the Master of the Bolls, and shall be stamped with the stamps after mentioned [51 & 52 Vic, c 65] [55 & 56 Vic, c 19]. 6. The admission of any person as . . . solicitor under the .pro- stamp visions of this Act shall be stamped with the stamps by law required 'J'J*'?^ ?n to be impressed on the admission of . . . solicitors in England . . . and the admission first obtained shall be impressed with such further stamp as shall, together with the amount of stamps paid on articles of clerkship and admission in the colony (to be ascertained as hereinafter provided), be equal in amount to the sum by law payable on articles of clerkship in England [55 & 56 Vic, c. 19]. 7. Her Majesty may from time to time, by Order in Council, Power to direct this Act to come into operation as to any one or more of Her j^^orderfif ' Majesty's colonies or dependencies, and thereupon, but not other- Council, to wise, the provisions of this Act shall apply to persons duly admitted f Jj°*(,*^^|. as attorneys and solicitors in the Superior Courts of Law and Equity into ope?™" in such colonies or dependencies ; but no such Order in Council tion in any shaU. be made in respect of any colony, except upon application """ °^ "'°'^° M 2 164 THE COLONIAL ATTORNEYS' RELIEF ACT, 1874 colony or made by the Governor or person exercising the functions of depeudeucy. (jovemor of such colony or dependency, and until it shall be shown to the satisfaction of Her Majesty's Principal Secretary of State for the Colonies that the system of jurisprudence as administered in such colony or dependency, and the quahfication for admission as an attorney or solicitor in the Superior Courts of Law and Equity in such colony or dependency, answer to and fulfil the conditions specified in section 3 hereinbefore contained, and also that the . . . soUcitors of the Superior Courts of Law or Equity in England are admitted as attorneys and solicitors in the Superior Courts of Law and Equity of such colony or dependency, on production of their certificates of admission in the English Courts, without service or examination in the colony or dependency [55 & 56 Vic, c. 19]. SCHEDULE (A.) To all whom it may concern, I [Name and style of Judge] do hereby certify, that [Terms of certificate of admission granted to the attorney in tlie colony], and that the said [attorney's name] is now duly enrolled as an attorney-at-law and solicitor in this colony, and entitled to practise as such ; and further, that no charge or accusation has been established or is pending against the said [ ] in such his professional character or otherwise affecting his fair fame and repute. And I find that the sum of £ was paid on articles of clerkship when the said was articled, and the sum of £ on the certificate of admission when he was admitted to practise as aforesaid. [To be signed and attested in the manner usual in otlicr certificates granted by the Judge.] Examioa- tion and ceasing to practise dispensed ■witli where colonial attorney or solicitor has actually ■ practised for seven years, and passed examination previous bo admission. The Colonial Attorneys' Relief Amendment Act, 37 & 38 Yic, CAP. 41. An Act to amend tlie Colonial Attoi'neya' Belief Act. [July 30, 1874. Preamble, &c. [56 & 57 Vic, cap. 54]. 1. So much of the Colonial Attorneys' Relief Act as enacts that no person shall be deemed qualified to be admitted as attorney or solicitor under the provisions of the said Act unless he shall pass an examination to test his fitness and capacity, and shall further make affidavit that he has ceased for the space of twelve calendar months at the least to practise as attorney or solicitor in any colonial com^t of law, and also so much of the said Act and of any orders and regulations made thereunder as relate to such examination, shall not apply to nor shall comphance therewith respectively be required of any person seeking to be admitted as attorney or solicitor under the provisions of the said Act who shall have been in actual practice THE COLONIAL ATTOENEYS' RELIEF ACT, 1884 165 for the period of seven years at the least as attorney and solicitor in any colony or dependency as to which an Order in Council has been or may be made as mentioned in the said Act, and who shall have served tmder articles and passed an examination previously to his admission as attorney or solicitor in any such colony or dependency. 2. The expression 'The Colonial Attorneys' Belief Act' shall Siiort title. henceforth be deemed to include this Act. The Colonial Attorneys' Relief Act Amendment Act, 1884, 47 & 48 Vic, cap. 24. An Act to amend the Colonial Attoimeys' Belief Act. [July 3, 1884. \Yhereas it is expedient to extend the provisions of the Colonial 20 & 21 Vic, Attorneys' Belief Act as to certain colonies or dependencies : '^■^^ 'as t ■ Be it therefore enacted by the Queen's most Excellent Majesty, e. 41. by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. Upon application made by the governor or person exercising Extension of the functions of governor of any of Her Majesty's colonies or 20 & 21 Tic, dependencies, and after it has been shown to the satisfaction of Her 38 Vic, c. 41, Majesty's Principal Secretary of State for the Colonies, that the to colony on system of jurisprudence as administered in such colony or depen- ofGOTeJ.nor dency answers to and fulfils the conditions specified in section &o. ' 3 of the Colonial Attorneys' Belief Act, and also that the attorneys and solicitors of the Superior Courts of Law or Equity in England are admitted as attorneys and solicitors in the Superior Courts of Law and Equity of such colony or dependency, on pro- duction of their Certificates of admission in the English courts, without service in the colony or dependency or examination, except in the laws of the colony or dependency in so far as they differ from the laws of England, Her Majesty may from time to time by Order in Council direct the Colonial Attorneys' Belief Act to come into operation as to such colony or dependency, although persons may in certain cases be admitted as attorneys or sohcitors in such colony or dependency without possessing aU the qualifications for admission or having fulfilled the conditions specified in the said section 3, and thereupon, but not otherwise, the provisions of the Colonial Attorneys' Belief Act shall apply to persons duly admitted as attorneys and sohcitors in such colony or dependency after service and examination; that is to say, no attorney or solicitor of any such colony or dependency shall be admitted as a solicitor of the Supreme Court in England unless, in addition to the 166 COLONIAL ATTOENEYS' AMENDMENT ACT requirements of the Colonial Attorneys' Belief Act, he prove by affidavit that he has served for five years under articles of clerkship to a solicitor or attorney-at-law in such colony or dependency, and passed an examination to test his fitness and capacity, before he was admitted an attorney or solicitor in such colony or dependency, and further that he has since been in actual practice as attorney or solicitor in such colony or dependency for the period of seven years at the least. Short title. 2. This Act may be cited as ' The Colonial Attorneys' Belief Act Amendment Act, 1884.' 1G7 THE LIBRARY OF THE SOCIETY The library consists of three parts, the middle library and the two ■wings, north and south. Its dimensions are as follows : — The middle part, 55 feet by 31^ feet and 23^ feet high ; each of the wings, 49^ feet by 28|^ feet and 23J feet high. The middle library contains 3,740 vols., composed of the following classes of works ; — Vols. English, Irish, and Scotch Eeports .... 2,338 Modem law books 812 Legal periodicals 213 Works of general reference 200 Modern Acts of Parliament 179 The north wing contains 5,655 vols., composed of the following classes of works : — Acts of Parliament : public, private, local, and personal Colonial Acts and Ordinances Indian law books . American law books French law books . Italian and Boman law books Latin and Greek Classics London Directories London Gazettes . Old law books Trials Vols. 1,000 850 250 418 309 220 283 172 507 1,256 296 The sonth wing contains 9,012 vols., composed of the following classes of works : — Vols. History 600 Biography 405 Geography 180 English Uterature 287 Calendars of State Papers and Chronicles and Memo- rials of Great Britain and Ireland .... 481 168 THE LIBRARY Cyclopsedias and Dictionaries Parliamentary Debates . Journals of Houses of Lords and Commons Almanacs Abridgments of Patents Antiquities Army and Navy Lists Belles-lettres . Bibliography . British Topography Genealogy Law Lists Public Eecords Reviews and Magazines Theology Miscellaneous Vols. 250 53() 318 200 110 240 200 300 250 1,366 600 200 271 922 500 480 The gallery contains 15,683 vols., composed of the foUowing- classes of works ; — Parliamentary Papers . Old law books .... Army and East India Lists . London, County, and Irish Directories Calendars of the Universities Magazines Calendars and Court Guides Miscellaneous books Vols. 8,493 3,029 660 550 432 1,068 514 837 169 LEGAL EDUCATION The following scheme of tuition, whicli has heen in operation since 1892, was adopted with the object of affording assistance to articled clerks in the prosecution of their studies before and after the Inter- mediate Examination. The tuition is intended as well for the benefit of those students who desire instruction and assistance during a lengthened period as for those who have shorter time at command. For the benefit of clerks who are resident in London or are able to attend, these classes are held and tutors give advice and assist- ance at the Hall of the Society. To those clerks who are articled at a distance from large towns systematic instruction has always presented difficulties. Extensive law libraries may not be available, and such text-books as are at hand may be out of date, and the want of assistance in the selection and studying of authorities may be severely felt. Advice and help must also be of value to those students who, with good hbraries at hand, are in doubt as to the books to peruse and the points to be noted, and to meet these diflficulties a course of preparation through the post was formulated. The tutors desire to draw attention to the following points : — POSTAL INSTEUCTION. In order to give students the advantage of assistance throughout the greater part of their articles, the tutors invite students to sub- scribe for com'ses of postal instruction extending over periods of one or two years. In the case of students who have not passed the Intermediate Examination the instruction is by means of monthly papers, and deals with the selected portions of Stephens' Commentaries. For" those who have passed the Intermediate Examination instruction is afforded by fortnightly papers, and embraces the following subjects : — The principles and practice of equity. The principles and practice of conveyancing. The principles and practice of common law. 170 LEGAL EDUCATION The principles and practice of bankruptcy. Criminal and magisterial law. Probate, divorce, admiralty, and ecclesiastical law. The papers in each course contain general advice as to reading and specific directions as to the work of the month or fortnight, draw attention to matters of special importance, recent statutes, cases, and rules, and explain difficulties, &c. The tutors also set a number of questions to be answered from memory, and the answers sent to the tutor for correction and comment. These papers, both before and after the Intermediate Examina- tions, are varied each year, so that students who may subscribe for more than one year's tuition receive additional assistance. These courses may be commenced at any time, but the tutors recommend that the Intermediate course should be commenced at an early stage of the articles, and the Final course soon after the Intermediate Examination has been passed. Students who do not wish to provide their own books can obtain them from Messrs. Stevens & Sons, or other Law Lending Library, for a subscription of a guinea and a half to cover the coiurse of work for the Final Examination, and arrangements have been made for supply of Stephens' Commentaries to either class or postal subscribers, at a subscription of one guinea, on application to the tutor. Dr. West. CLASS INSTBUCTION. Class instruction is also provided on the selected portions ot Stephens' Commentaries and the subjects above named, and it is recommended that the classes should be joined after the expiration of a course of Postal Instruction. The Class tuition course covers all necessary works. Eecent statutes, cases, and important points generally are carefully gone over. The work is so arranged that students can join the classes at any time, the fees being proportionate to the length of attendance. Booms are provided where subscribers may study, and books are supplied without extra charge. Each subscriber is provided with a time-table showing the dates when the classes meet and the work to be undertaken each day. Periodical test examinations are held by the tutors. The classes for Intermediate students are held in tW Hall of the Society on three afternoons in each week during the following periods : — August to November. January to April. October to January. March to June. Students may subscribe for successive classes. LEGAL EDUCATION 171 Classes for Final students are held at the Hall of the Society on four afternoons each week during the following periods : — August to January, January to June. These periods afford five months' class preparation, and students are advised to suhscribe for a full course, and certainly for not less than three months, otherwise the work must necessarily be hurried. Students may join the classes either before or after the Inter- mediate Examination without subscribing to the course of postal instruction, but it is recommended that they should avail them- selves of both modes of instruction. Subscribers to either postal or class instruction have the oppor- tunity of consulting the tutors upon the work of the course in per- sonal interview or by letter at any time. EESTJLTS AND HONOUKS. The results attained by this system of education have been satis&ctory. At each of the last seventeen examinations pupils have obtained honours. The percentage of passes is a high one, exceeding 85 per cent, of between three and four hundred pupils who last presented themselves for examination. It has happened on many occasions that all class pupils have been successful for both Intermediate and Final Examinations, and the same has occurred in the case of sub- scribers to the correspondence courses. TUTOKS. The principles and practice of equity ^ The principlesandpraoticeof conveyancing I J. Cabteb Hakeison, The principles and practice of common law j 30 Bedford Bow, W.C. The principles and practice of bankruptcy J Criminal and magisterial law, probate, 1 LeonaedH.West,LL.D., divorce, admiralty, and ecclesiastical > 19SouthamptonBuildings, law, Stephens' Commentaries J Chancery Lane, W.C. FEES. Befobe Intermediate Examination. £ s. d. For twelve months' subscription to postal instruction . .440 For two years' subscription to postal instruction . . .660 For three months' class instruction 4 4 For those who have previously subscribed for postal instruc- tion 330 For six months' class instruction 7 7 For those who have previously subscribed for postal instruc- tion 550 172 LEGAL EDUCATION After Intermediate Examination. £ s. d. For twelve months' subscription to postal instruction . . G 6 For two years' subscription to postal instruction . . .880 For five months' class instruction 9 9 For those who have previously subscribed for postal instruc- tion 770 For four months' class instruction 8 8 For those who have previously subscribed for postal instruc- tion 6 6 For three months' class instruction 7 7 For those who have previously subscribed for postal instruc- tion 5 5 THE COUNCIL OF LEGAL EDUCATION. Articled clerks may attend the lectures and classes given or hold in connection with the Inns of Court, under the direction of the Council of Legal Education, upon payment of half the fees pay- able by other persons not being members of an Inn of Court, the Council of the Incorporated Law Society having agreed with the Council of Legal Education for payment of the remainder. Articled clerks will also be admitted to the viva-voce examinations at the end of each term. Articled clerks may obtain particulars of such lectures and classes, and vouchers for tickets, upon application to the Secretary of the Incorporated Law Society. All communications should be addressed to the Secretary of the Incorporated Law Society, Chancery Lane, W.C, and cheques and Post Office orders should be made payable to him, and be crossed ' Messrs. Barclay & Co.' 173 ORDERS 3IADE BY HER MAJESIY'S JUDGES IX PURSUANCE OF THE POWEES CONTAINED IN THE SOLICITOES ACT, 1877 Orders December 5, 1877. There shall be paid to the Incorporated Lav/ Society, by persons applying to be examined at a preliminary, intermediate, or final Examination, the following fees (that is to say) : — By every person applying to be examined at a preHminary examination, a fee of two pounds. By every person applying to be examined at an intermediate examination, a fee of three pounds. By every person applying to be examined at a final examina- tion, a fee of five pounds. Every such fee shall be payable to the Secretary of the Society, or such other officer as the Council may from time to time direct, by the candidate, on giving notice of his desire to be examined at the examination in respect of which the fee is payable. "^Tiere a candidate, after giving notice of his desire to be ex- amined at a preliminary, intermediate, or final examination, has not presented himself or has failed to pass such examination, one- half only of the prescribed fee shall be payable by him on applying to be examined at a subsequent examination of the same class. In addition to the exemptions contained in section 10 of the Solicitors Act, 1877, a certificate of having passed a preliminary Examination imder this Act shall not be required from any person who has passed the junior students' general examination in the Owens College, Manchester. Any person who has passed the first public examination before moderators at Oxford, or the previous examination at Cambridge, or the examination in arts for the second year at Durham, or who has passed in honours at the entrance examination at the University of Dublin, or the matriculation examination at the University of London [being placed in the first division of such matriculation 174 OEDEES MADE BY HEE MAJESTY'S JUDGES examination], or the legal students' higher examination in the Owens College, Manchester, may be admitted and enrolled as a. solicitor after service under articles of clerkship to a practising solicitor for a term of four years. Oedees May 1, 1880. A certificate of having passed a preliminary examination under the said Act shall not be required from any person v^ho has passed the moderations examination of St. David's College, in the county of Cardigan, in the Principality of Wales ; and any person who has passed the said moderations examination may be admitted and enrolled as a solicitor after service under articles of clerkship to a practising solicitor for the term of four years. Oedees Septembee 1, 1888. A certificate of having passed a preliminary examination under the said Act shall not be required from any person who has passed the preliminary examination of the Victoria University, and any person who has passed the said prehminary examination in the first division may, if othervnse duly quaUfied, be admitted and enrolled as a solicitor after service under articles of clerkship to a practising soHcitor for the term of four years ; provided always that Latin shall be one of the subjects taken at the preliminary examination of the Victoria University by such person. 175 REGULATIONS MADE BY THE INCOR- PORATED LAW SOCIETY FOR THE PEELIMINAEY, INTEEMEDIATE, AND FINAL EXAMINATIONS. {Nov. 27, 1877. Terms used in these regulations have (unless inconsistent with the context) the same meanings as they have in the Solicitors Act, 1877 : — ' The Council ' means the Council for the time being of the Incorporated Law Society ; the ' Secretary ' means the Secretai-y for the time being of the Society ; and the ' Eegistrar ' means the Begistrar of Sohcitors. Examination Committee. 1. There shall be appointed, in the month of December in every year, by the Council, an Examination Committee, hereinafter re- ferred to as ' the Committee,' consisting of such niunber (not less than five nor more than twelve) of members of the Council as the Council may irom time to time determine. The members of the Committee shall hold office until the appointment of their successors, and any member of the Committee shall be eligible for reappointment. A casual vacancy in the Committee may be at any time filled by the ConncU, but a person appointed to fill a casual vacancy shall hold office so long only as the person in whose stead he is appointed would have held office if the vacancy had not occurred. The Committee may elect a chairman of their meetings, and generally may make such regulations for the conduct of their busi- ness as they may see fit ; but no business shall be transacted at any meeting unless at least three members are present. 2. Such Master of the Queen's Bench Division of the High Court of Justice as may be fi:om time to time nominated by the Master of that Division shall be an ex-officio member of the Com- mittee for such period as the Masters may in each case determine, and shall have power to act and vote on the Connnittee.' 3. The members of the Committee shall be examiners, and with the assistance of one of the said Masters as ex-officio examiner (so ' Section 7 of the Solicitors Act 1877, relating to ex-officio examiners, has been repealed. 176 REGULATIONS AS TO long aa the said Masters continue to act as ex-officio examiners),' and witli the assistance (so far as they may think proper to resort to the same) of the examiners to be appointed by the Council, as hereinafter mentioned, shall conduct the intermediate and final ■examinations. Tlie preUminary examination shall be conducted under the supervision of the Committee, as hereinafter mentioned. The Committee shall have such powers and duties, in addition to those conferred or imposed on them by these regulations, in reference to the examinations held under these regulations, as may be from time to time delegated to them by the Council. Paid Examinees. 4. The Council may from time to time, by resolution, appoint such competent persons as they may see fit to be examiners to assist the Committee in the preliminary, intermediate, and final examinations, and the Council may at pleasure remove any examiner so appointed. 5. Tliere shall be paid to every examiner so appointed, not being a member of the Committee or of the Council, out of the fees received by the Society from candidates for examination, such remuneration as the Coimoil may from time to time, by resolution, prescribe. Peeliminaey Examination.^ 6. Fom' preliminary examinations shall be held in each year (that is to say), one in each of the months of February, May, July, and October, on such days in those months respectively as the Committee may appoint. 7. The preliminary examinations shall be conducted either by the examiners appointed under these regulations personally in the Hall of the Society, or in such other place as the Committee may from time to time appoint ; or by two local solicitors to be appointed by the Committee, in the following towns or some of them, and at such place or places in those towns as the said local solicitors may in each case specify ' : — *Birmingham Exeter Oxford 'Bristol Lancaster Plymouth Cambridge 'Leeds Salisbury Cardiff Lincoln Shrewsbury Carlisle 'Liverpool Swansea Carmarthen 'Manchester Worcester Chester *Newcastle-on-Tyne York Durham ' See note to the preceding regulation. '' For exemptions from this examination, see pp. 194-5. ■'' Examinations are generally held in the towns marked*, but it is THE EXAMINATIONS 177 8. The preliminary examination shall be on the following subjects. subjects, namely : — 1. Writing from dictation. 2. Writing a short English composition. 3. (a) The first four rules of Arithmetic, simple and com- pound; the Bule of Three, and Decimal and Vulgar Fractions ; (6) Algebra up to and inclusive of Simple Equations, and the first four books of Euclid. 4. Geography of Europe and History of England. 5. Latin — Elementary. 6. And any two languages to be selected by the candidate out of the following six, namely : — (1) Latin ; (2) Greek— Ancient ; (3) French ; (4) German ; (5) Spanish ; (6) Italian. With reference to the subjects numbered 3 and 6, no candidate is obhged to take up Algebra or EucUd (No. 36), but if any candi- date elects to do so, he may take up these with one only of the languages (No. 6). No books will be previously specified for the language exami- nations, but passages will be given for translation at sight, with the assistance of a dictionary. Candidates must bring their own dictionaries. 9. Every candidate shall, at least 30 days before the date of Kutice by the preliminary examination at which he proposes to be examined, candiifater, give written notice to the Secretary, or such other officer as the Council may direct, of his desire to be examined, and shall state in such notice the language in which he proposes to be examined under these regulations, and the town at which he wishes to be examined, and his age and residence, and place or mode of educa- tion.^ 10. With respect to the examination of candidates at the prelimi- nary examination desiring to be examined in the country, papers shall be transmitted by the Committee to the local solicitors ap- pointed by them under these regulations. The Secretary, or such other officer as the CouncU may direct, shall summon the candidates at such times as may be fixed by the Committee, and the said local solicitors shall require the candidates in their presence to write from dictation as hereinbefore mentioned, and to give written answers to the papers so transmitted ; and the said solicitors shall without delay seal up and send to the Com- mittee the writing from dictation and the answers so written. quite uncertain whether they will be held elsewhere. Candidates will be informed one week before the examination where they are to attend. ' The fee payable on giving notice is 21., and on giving a renewed notice 11. N 178 REGULATIONS AS TO Certificate. Time. Subjects, Obligation to attend tlie examina- tion. Provision as to candidate failing to pass within the specified time. Notice by candidates, and answers 11. If the Committee are satisfied as to the proficiency and fitness of a candidate at a preUminary examination, they shall certify the same in the form of a report to the Council of the result of such examination, and the Council may thereupon resolve that a certificate in the form (A) in the first schedule to these regula- tions, or to the like effect, signed by the President or Vice-President of the Society, shall be delivered to such candidate.' Intermediate Examination.' 12. Fom' intermediate examinations shall be held in each year (that is to say), one in each of the months of January, April, June, and November, on such days in those months respectively as the Committee may appoint. 13. The intermediate examinations shall be held in the Hall or the Society, or in such other place as the Committee may from time to time appoint. 14. The subjects of the intermediate examination shall be such elementary works on the Laws of England as may be from time to time selected by the Committee. Not later than the month of July in every year, the Committee shall furnish to the Secretary, or to such other ofiicer as the Council may direct, a list of the works selected by them for the examina- tion of candidates in the ensuing year ; and the Secretary or such officer shall furnish a copy of such hst to any person applying for the same.^ 15. Every person serving under articles of clerkship shall (subject as hereinafter mentioned) present himself at an inter- mediate examination, and shall be examined witliin the six months next succeeding the day on which he completes half his term of service. 16. A candidate who fails to present himself at or to pass an intermediate examination within the above period may present himself at any subsequent intermediate examination ; but if he fails to pass an intermediate examination within twelve months next after the date of the expiration of one-half his term of service, his final examination shall be postponed for a period equal to the period intervening between the expiration of such twelve months and his passing such intermediate examination, or foi; such shorter period as the Committee may, on the ground of ilhiess, or on other special grounds, direct. 17. Every candidate, at least thu'ty days before the date of the intermediate examination at which he proposes to be exammed, ' Articles can be entered into at any time after this certificate has been obtained. ^ For exemptions from this examination see p. 197. ^ The work selected by the examiners is Stephens' ' Commentaries on the Laws of England,' excepting Books IV. and VI. 12th edition. THE EXAMINATIONS 179 shall give to the Secretary, or to such other officer as the Council to questions may direct, written notice of his desire to be examined,^ and shall '" ^''cdnle. leave with the Secretary or such other officer the articles and any assignment thereof, or supplemental articles, duly stamped and registered, under which the candidate has served or is serving his clerkship, or any portion thereof, together with a certificate of his having passed a preliminary examination (unless he shall have heen exempted therefrom), and together with answers to the questions in that behalf specified in Part I. of the second schedule hereto, signed by the candidate, and by the soUcitor or solicitor's liondon agent, barrister, or special pleader with whom he has served or is ser^-ing his clerkship or any portion thereof, or with ■whom he has been or is a pupij.^ 18. The Secretary or such other officer as aforesaid may, in any Power to case where he thinks proper, refer such answers to the Committee ; answers to and if the Committee, after such further inquiries as they see fit. Committee. are of opinion that any of such answers are unsatisfactory, they shall certify the same to the Council, and the candidate shall not be permitted to present himself for examination ; provided that the Council may in any case, on special grounds, allow the candidate to be examined notwithstanding such ansNvers. 19. If the Committee are satisfied as to the proficiency and Certificate, fitness of a candidate at an intermediate examination, they shall certify the same in the form of a report to the Council of the result of such examination, and the Council may thereupon resolve that a certificate in the form (B) in the first schedule to these regulations or to the like effect, signed by the President or Vice-President of the Society, shall be delivered to such candidate. Final Examination. 20. Four final examinations shall be held in each year (that is Time, to say), one in each of the months of January, April, June, and Xovember, on such days in those months respectively as the Committee may appoint. 21. The final examinations shall be held in the Hall of the Place. Society, or in such other place as the Committee may from time to time appoint. 22. The final examination shall be on the following subjects, Subjects, namely : — 1. The Principles of the Law of Eeal and Personal Property and the Practice of Conveyancing. 2. The Principles of Law and Procedure in matters usually ' The fee payable on giving notice is Zl., and on giving a renewed notice 11. 10s. ^ Prints of these questions can be obtained on application at the office of the Society. 180 HEGULATIONS AS TO determined or administered in the Chancery Division o.f the High Court of Justice. 3. The Principles of Law and Procedure in matters usuallj- determined or administered in the Queen's Bench Division of the High Court of Justice, and the Lav? and Practice of Bankruptcy. 4. The Principles of Law and Procedure in matters usually determined or administered in the Probate, Divorce, and Admiralty Division of the High Court of Justice; Ecclesiastical and Criminal Law and Practice; and Proceedings before Justices of the Peace. J^oticcby 23. Every candidate, at least 42 days before the date of the candidatGs, final examination at which he proposes to be examined, shall to queluous gi^^ to the Secretary, or to such other officer as the Council may ia schedule, appoint, written notice of his desire to be examined,' stating his place or places of residence and of service under articles for the last preceding twelve months, together with the name or names and place or places of residence of the person or persons with whom h& has served during the continuance of his articles ; and shall alsa leave with the Secretary or such other officer the articles and any assignment thereof, or supplemental articles, duly stamped and registered, under which the candidate has served or is serving his clerkship, or any portion thereof, together with certificates of hi& having passed a preliminary and intermediate examination (unless he shall have been exempted therefrom respectively), and together with answers to the questions in that behalf specified in Part IL of the second schedule hereto, signed by the candidate, and also by the solicitor or solicitor's London agent, barrister, or special pleader with whom he has served his clerkship, or any portion thereof, or with whom he has been a pupil.* 24. The Secretary, or such other officer as aforesaid, may, in any case where he thinks proper, refer such answers to the Committee ; and if the Committee, after such further inquiries as they see fit, are of opinion that any of such answers are unsatisfactory, they shall certify the same to the Council, and the candidate shall not be permitted to present himself for examination; provided that the ' The fee payable on giving notice is 51., and on giving a renewed notice, 21. 10s. ' Where articles expire between Jan. 10 and April 15, candidates may be examined in January. April 14 and May 22, „ „ April. May 21 and Nov. 2, „ „ June. Nov. 1 and Jan. 11, „ „ November, or at any subsequent examination (23 & 24 Vic. cap. 127, section 12 — 11 Geo. IV. & 1 Will. IV. cap. 70, section 6—36 & 37 Vic. cap. 66, sec- tion 26). Prints of the questions mentioned in this regulation can be obtained at the office of the Society. Power to refer answers to Committee. THE EXAMINATIOXS 181 Council may in any case, on special groimds, allow the candidate to be examined notwithstanding such answers. 25. If the Committee are satisfied as to the proficiency and Certificate. fitness of a candidate at a final examination, they shall certify the same in the form of a report to the Council of the result of such examination, and the Council may thereupon resolve that a certifi- cate in the Form (C) in the first schedule to these regulations, or to the like effect, signed by the President or Vice-President of the Society, shall be delivered to such candidate. The Committee may, in their report, recommend any candidate for honourable distinction as they may see proper.' General. 20. If any candidate for examination does not present himself Renewal of at or fails to pass any examination at which he has given notice of "'>'''"''• his intention to present himself, he shall be entitled, on giving at least fourteen days' written notice to the Secretary or such other officer as the Coiincil may direct, and otherwise complying with the requirements of these regulations, to present lumself at any subsequent examination. 27. Any person claiming the benefit of any exemption or excep- Evidence of tion in respect of any examination under the Solicitors Acts, 1843, "*^ '?. 1860, and 1877, or under any regulations made in pursuance thereof, shall, before he shall be entitled to the benefit of such exemption or exception, produce to the Secretary, or such other officer as the Council may direct, a testamur, certificate. Judge's order, or other satisfactory evidence showing his right thereto. 28. Any person (not being entitled to exemption from the preli- Production minary examination) who enters into articles of clerkship shall "f £"'^i''''"^f before or at the time of producing his articles to the Registrar pur- '°" "'' suant to section 7 of the Solicitors Act, 1860, produced to the Eegis- trar a certificate of having passed a preliminary examination. 29. Where any allegation is made by the Begistrar as to the Reference to moral imfitness of any candidate at a final examination to be an f °^"5'* officer of the Supreme Court, it shall be the duty of the Secretary, "y »«="'"'>■• or such other officer, to refer such allegation to the Committee, who shall take such steps for inquiring into the matter referred to them as they may deem necessary and proper. If the allegation referred to the Committee is in their opinion proved, the Committee shall report the same to the Council, and the Council may in their discretion refuse to grant a certificate to the candidate. Temporary Provision. 30. All notices issued and other things duly done or suffered Temporary before January 1, 1878, under any of the regulations repealed by ^"no'tica.** ' No honorary distinctions (except local prizes instituted prior to .January 1880) are now awarded in respect only of the final examination. 182 EEGULATIONS AS TO the Solicitors Act, 1877, shall, so far as the same are respectively applicable, be deemed to have been issued, done, or suffered under and in pursuance of these regulations. THE FIRST SCHEDULE. POKM (A.) INCOEPOEATED LAW SOCIETY OF THE UNITED KINGDOM. PEELISirNAEY EXAMINATION. By authority of the Council, I do hereby certify that A.B., of , has passed the preliminary examination, pursuant to the Solicitors Act, 1877, and the regulations in force thereunder. Dated this day of 18 , A. B. President or Vice-President FOKM (B.) INCOEPOEATED LAW SOCIETY OF THE UNITED KINGDOM. INTERMEDIATE EXAMINATION. By authority of the Council, I do hereby certify that A. B., of , has passed the intermediate examination, pursuant to the Solicitors Act, 1877, and the regulations in force thereunder. Dated this day of 18 , A.B. President , or Vice-President THE EXAMINATIONS 183 Form (C.) INCOEPOEATED LAW SOCIETY OF THE UNITED KINGDOM. FINAL EXAMINATION. By authority of the Council, I do hereby certify that A. B., of , has passed the final examination pursuant to the Solicitors Ace, 1877, and the regulations in force thereunder. Dated this day of 18 . A. B. President or Vice-Presirlent THE SECOND SCHEDULE. Part I. INTEEMEDIATE EXAMINATION. QUESTIONS AS TO DUE SERVICE OF ARTICLES OF CLERKSHIP. Questions to be answered by the Clerk. 1. What is now your age ? 2. During what period have you served under your articles ? Did such service take place at the office where the solicitor or solici- tors to whom you were articled or assigned carried on his or their business? and if not, state the reason. 3. Have you been at any and for what time bond fide employed as a pupil by a practising barrister or special pleader ? 4. Have you, at any time since the date of your articles, been absent without the permission of the solicitor or solicitors to whom you were articled or assigned, or of the barrister or special pleader with whom you may have been as pupil ? and if so, state the length and occasions of such absence. 5. Have yon, since the date of your articles, been engaged or concerned in any profession, business, or employment other than your professional employment as clerk to the solicitor or solicitors to whom you were articled or assigned, or as pupil to a barrister or special pleader ? Signature Present Address Dated the day of 18 184 EEGULATIONS AS TO Questions to be answered by the Solicitor or Agent with whom the Cleric may have served any part of the time wilder his Articles (with such adaptations, if put to an Agent, asmay be necessary). 1. During what period has served under his articles at the office where you carry on your business ? If he has not served for any portion of the period which has lapsed between the date of his articles and the present time, state the reason. 2. Has the said , at any time during his service under articles with you, been absent without ■your permission ? and if so, state the length and occasions of such absence. 3. Has the said , during his service under articles with you, been engaged or concerned in any profession, business, or employment other than his professional employment as your articled clerk ? 4. Has the said , since the date of his clerkship, with the exceptions above mentioned, been faith- fully and diligently employed in your professional business of a solicitor ? 5. Has he hitherto, as regards character, shown himself to be a fit and proper person to be admitted, at the end of his serrice, a solicitor of the Supreme Court ? Signature Address . Dated the day of 18 . Questions to be answered by the Barrister or Special Pleader. 1. During what period has been bond fide employed by you as your pupil ? 2. Has the said , at any time during his pupilage, been absent without your permission ? and if so, state the length and occasions of such absence. 3. Has the said during his pupilage been engaged or concerned in any profession, business, or employment other than his employment as your pupil ? 4. Has the said , during his pupilage, with the exceptions above mentioned, been faithfully and dili- gently employed as your pupil ? Signature Address Dated the day of IS . THE EXAMINATIONS 185 Paet II. FINAL EXAMINATION. QUESTIOXS AS TO DUE SERVICE OE ARTICLES OF CLEBRSHir. Questions to be answered by the Cleric. 1. What is now yonr age ? 2. Have you served the whole term of your articles at the oifice where the solicitor or solicitors to whom you were articled or assigned carried on his or their business ? and if not, state the reason. 3. Have you been at any and for what time bond fide employed as a pupil by a practising barrister or special pleader ? 4. Have you at any time during the term of your articles been absent without the permission of the solicitor or solicitors to whom you were articled or assigned, or of the barrister or special pleader with whom you may have been as pupil ? and if so, state the length and occasions of such absence. 6. Have you, at any time during the term of your articles, been engaged or concerned in any profession, business, or employ- ment other than your professional employment as clerk to the solicitor or solicitors to whom you were articled or assigned, or as a pupil to a barrister or special pleader ? 6. Have you, since the expiration of your articles, been engaged or concerned, and for how long a time, in any and what profession, trade, business, or employment other than the profession of a solicitor ? [Name Present Address Dated the day of 18 Questions to be ajtswered by the Solicitor or Agent with whom the Clerk may have served the whole or any part of tlie time under his articles {with such adaptations, ifptit to an Agent, as may be necessary). 1. During what period has served under his articles at the office where you carry on your business ? If he has not served for any portion of the term of his clerkship, state the reason. 2. Has the said , at any time during his service under articles with yOu, been absent without your permission ? and if so, state the length and occasions of such absence. 3. Has the said , at any time during his service under articles with you, been engaged or concerned in any profession, business, or employment other than his professional employment as your articled clerk ? 4. Has the said , during the whole term of his clerkship, with the exceptions above mentioned, been 186 KEGULATIONS AS TO THE EXAMINATIONS faithfully and diligently employed in your professional business of a solicitor ? 5. Has the said , since the expiration of his articles, been engaged or concerned, and for how long a time, in any and what profession, trade, business, or employ- ment other than the profession of a solicitor ? 6. Is the said , as regards character, a fit and proper person to be admitted a solicitor of the Supreme Court? Name Address __. Dated, the day 18 Questions to be answered by the Barrister or Special Pleader. 1. During what period has been bond fide employed by you as your pupil ? 2. Has the said , at any time during his pupilage, been absent without your permission ? and if so, state the length and occasions of such absence. 3. Has the said , during his pupilage, been engaged or concerned, in any profession, business, or em- ployment other than his employment as your pupil ? 4. Has the said , during his pupilage, with the exceptions above mentioned, been faithfully and dili- gently employed as your pupil ? Signature Address Dated the day of 18 . N.B. — Prints of the above questions may be obtained on application at the office of the Incorporated Law Society. IS^ HONOURS EXAMINATION AND PRIZES. —REGULATIONS MADE BY THE IN- CORPORATED LAW SOCIETY FOR THE HONOUES EXAMINATION 28th March, 1879. Terms used in these rules have (unless inconsistent with the context) the same meanings as they have in the regulations made hy the Society on 27th November, 1877, as to the preliminarj', intermediate, and final examination of persons intending to be- come Solicitors of the Supreme Court (hereinafter referred to as ' the Eegulations '). 1. As from 31st December, 1879, no honorary distinction (except local prizes already instituted) will be awarded by the Society to any candidate in respect only of the final examination. All honorary distinctions awarded by the Society will — with the excep- tion mentioned — be awarded to candidates who pass the honours examination as hereinafter mentioned. 2. As from 31st December, 1879, there shall be held in the Hall of the Society, or in such other place as the Examination Com- mittee may from time to time appoint, four voluntary examina- tions for honours in each year. Such examinations shall take place in the same weeks as those in which the final examinations are held, and as a general rule on the Friday ^ in those weeks respectively. 3. The Committee shall, with the assistance (so far as they may think proper to resort to the same) of the examiner or examiners to be appointed for the purpose by the Council, conduct the honours examination. 4. The CouncU may, from time to time, by resolution, appoint such competent person or competent persons as they may see fit to be an examiner or examiners to assist the Committee in the honours examination, and the Council may at pleasure remove any examiner so appointed. 5. There shall be paid to every examiner so appointed, not being a member of the Committee or the CouncU, such remunera- tion as the Council may from time to time, by resolution, prescribe. 6. The honours examination shall be open to all candidates, ' Now Thursday and Friday. 188 RULES AS TO HONOURS EXAMINATIONS without reference to age, who shall, io the opinion of the exami- ners, have attained a certain standard of proficiency at the final examinations, and shall be on the subjects specified for the final examinations in the Begulations. 7. Every candidate who is eligible and desirous to compete for honours shall, at the time when he gives notice of his desire to be examined at any final examination, give notice in writing of his desire to be exammed for honours. Forms of notice can be ob- tained at the office of the Society.^ 8. At each honom-s examination the candidates who, in the opinion of the Committee, are deserving of honorary distinction will be arranged in three classes ; and, in awarding honorary dis- tinction, the marks obtained in the honours examination will alone be considered. 9. The names of candidates placed in the first class will be arranged in order of merit, and every candidate placed in that class will, in addition to a class certificate, receive a prize. The names of candidates placed in the second and third classes respectively will be arranged alphabetically, and every candidate placed in those classes will receive a class certificate. The certificate will be in the following or an equivalent form :^ Honours Examination. By Authority of the Council of The Incorporated Law Society Of the United Kingdom. I do hereby certify that At the Honours Examination held on the day of 188 , who served his articles of clerkship to was placed in the first [second or third] class. President. 10. The names of all candidates who attain honorary distinction will be printed in the Society's Handbook. 11. At each honours examination the following prizes will be -av?arded, unless in the opinion of the Committee the standard at- tained should not justify the issue of any first-class list: The Clement's Inn Prize (value about £10 10s.), The Clifford's Inn ' The fee payable on giving notice for the honours examination is £1. EULES AS TO HONOURS EXAMINATIONS 189 Prize (value £5 5s.) ; aiid the Neto Inn Prhe (value £5 5s.) ; or an additional Society's Prize of like value, the Daniel Reardon Priv-e, being the one-fourth part of the dividend on £3,333 6s. 8d. Con- solidated Bank Annuities. In addition, the Society will give a» many prizes (value £5 5s. each) as are required. The value of each prize will be expended by the Society in the purchase of legal, his- torical, or constitutional works, to be selected by the successful can- didate, and such works wiU be bound at the expense of the Society, and be stamped with the arms of the Society, provided that the price of each volimie be not less than 10s. The John Mackrell Prize, consisting of a fourth part of the annual dividend on a sum of £1,000 Five per Cent. Perpetual Preference Stock of the MUlwaU Dock Com- pany, will be awarded at each honours examination to the candidate who shall be reported to the Council by the examiners to have shown himself best qualified to advise upon and transact matters of business which come within the province of a practising solicitor to advise upon and transact, as distinguished from the mere know- ledge of the principles and practice of the law. The value of this prize (about £12) will be expended by the Society in the purchase of legal, historical, or constitutional works, to be selected by the siiccessftd candidate, and be stamped with the arms of the Society. 12. In addition, the following prizes will be awarded accord- ing to the result of the honours examination during the year, namely : — The Scott Scholarship. — To the candidate who shall have passed the final examination, and who, fi-om his acquaintance with the theory, principles, and practice of the Law, shall, in the opinion of the Council, be entitled to the Scholarship. It consists of one year's interest on £1,138 Five per Cent. Consolidated Preference Stock of the London, Brighton, and South Coast BaUway. The Broderip Gold Medal. — To the candidate who shall not have completed his twenty-sixth year, and who shall be considered to have shown himself best acquainted with the Law of Beal Property and the practice of Conveyancing. It consists of a medal of the value of one year's interest on £333 6s. 8c?. Two and Three- Quarters per Cent. Consols. NOTE. Teavers- Smith Scholarships. Under a bequest of the late Mr. Joseph Tra vers- Smith, who died in the year 1897, a Scholarship of £50 per annum, tenable for three years, and open to candidates under the age of twenty-six years, wiU be awarded annually. Begulations for the Scholarships iiave not yet been made. 190 LOCAL PEIZES LOCAL PRIZES The following local prizes are also awarded by the Society accord- ing to the result of the honours examinations during the year : — The Timpron Martin Prize. — The prize may be competed for by candidates not above twenty-five years of age who have origi- nally been articled to a solicitor carrying on business in Liverpool, and who have passed not less than two-thirds of their period of service there. It will be awarded to the candidate reported as having passed the best examination during the year. The prize consists of a gold medal of the value of one year's interest on £237 12s. 6c?. Two and Three-Quarters per Cent. Consols. The AtJcinson Prize. — This prize may be competed for by can- didates not above twenty-five years of age who have originally been articled to a solicitor carrying on business in Liverpool or Preston, and who have passed not less than two-thirds of their period of service there. It will be awarded to the candidate reported as having shown himself best acquainted with the Law of Beal Property and the practice of Conveyancing. The prize consists of a gold medal of the value of one year's interest on £140 Three per Cent. Debenture Stock of the London and North-Western BaUway. Birmingham Law Society's Gold Medal. — This prize may be competed for by candidates who have originally been articled to a solicitor practising in Birmingham, and who have passed at least two-thirds of their term of service there, and are under twenty-six years of age. It wiU be awarded to the candidate who shall be considered to have passed the best examination diiring the year, and who has been awarded a prize at the honours examination. Birmingham Law Society's Bronze Medal. — This prize may be competed for by candidates who have passed two-thn-ds of their period of service under articles to a solicitor who is a member of the Birmingham Law Society; and who are under twenty-six j'ears of age, and have not taken the above Society's Gold Medal. It will be awarded to the candidate who shall be considered to have passed the best examination during the year, and who has been placed in the 1st or 2nd Class at the honours examination. The Stephen Heelis Prize. — This prize may be competed for by candidates originally articled to a solicitor carrying on business in Manchester or Salford, and who have passed not less than two LOCAL PEIZES 191 third parts of their period of service in that city or borough, and are under twenty-six years of age. It will be awarded to the candidate who shall be considered to have passed the best examination during the year, and has been awarded a prize or certificate at the honours examination. The prize consists of a gold medal of the value of one year's interest on £423 14s. 8d. Barik Annuities. T7ie Melleish Prize. — This prize may be competed for by can- didates who have been articled in the counties of Surrey or Sussex, or who are the sons of solicitors who have resided or practised in either of those counties. It will be awarded to the candidate who shall be reported as having shown himself best acquainted with the Law of Beal Property and the practice of Conveyancing. The prize consists of books of the value of one year's interest on ;£'304 lis. Two and a Half per Cent. Annuities (1905). 192 EEGULATIONS MADE UNDER SOLICITOES ACTS REGULATIONS MADE BY THE INCOR- PORATED LAW SOCIETY UNDER SEC- TION 6 OF THE SOLICITORS ACT, 1877, AND SECTION 3 OF THE SOLI- CITORS ACT, 1894. Exemptions 1. That the following certificates be accepted in lieu of the meSttt'e ^"^ present intermediate examination in the case of all who are under I'xamina- articles of clerkship at the date hereof, or who may enter into tione. articles after the date hereof: A certificate that the articled clerk has prior to or after entering into articles passed the examination required for the Degree of B.O.L. or LL.B. at one of the following Universities in the United Kingdom, viz. : Oxford, Cam- bridge, London, Victoria, Dublin, or Durham. A certificate that the articled clerk has prior to entering into articles of clerkship taken honours in the Final Honour School of Jurisprudence at Oxford or in the Law Tripos at Cambridge. April, 1895. 193 SUiMiVARY OF REGULATIONS As to tlie examination and service of Articled Clerks hejore their admission as Solicitors in England, and as to admission of Solicitors, ivith reference to the various Acts of Parliament, Orders, and Regulations. PEELIMINABY EXAMINATION.' With certain exceptions, all persons are required to pass an exami- Preliminary nation in general knowledge before being bound under articles of tfJJ™'"^' clerkship, with a view to their admission as solicitors, This ex- amination is called the preliminary examination. (40 & 41 Vic, cap. 25, sees. 4 (i 5, and Regulations of November 27, 1877, sec. G et seq.) The subjects of the preliminary examination are — Subjects of 1. Writing fi-om Dictation. eramina-'^'* 2. Writing a short English Composition. tion. 3. (a) The first four rules of Arithmetic, simple and com- pound ; the Bule of Three ; and Decimal and Vulgar Fractions ; (b) Algebra up to and inclu- sive of Simple Equations, and the first foiu- books of Euclid. 4. Geography of Europe and History of England. 5. Latin — Elementary. 6. And any two languages to be selected by the candidate out of the following six, namely : (1) Latin ; (2) Greek— Ancient ; (3) French ; (4) German ; (5) Spanish ; (6) Italian. With reference to the subjects numbered 3 and 6, no candidate is obHged to take up Algebra or Euclid (No. 36), but if any candi- date elects to do so, he may take up these with one only of the languages (No. 6). No books will be previously specified for the language exami- Time and nations, but passages will be given for translation at sight, with the assistance of a dictionary. Candidates must bring their own dic- tionaries. The examinations are held at the Incorporated Law Society's ' Specimens of the questions asked at the preliminary and other examinations can be obtained from the principal Law publishers. O 194 SU-M3IARY OF KEaULATIONS I if trie Of CX- ;iai*natiou. Notice of e>:amtQa- t'OU. Feci. Biceoiptions from pre- liminary eicamiaa- tioa. Hall, Chancery Lane, and at some of the following towns, in February, May, July, and October in each year. (Regulations of November 27, 1877, sees. 6 & 7) :— Exeter Lancaster *Leeds Lincoln 'Liverpool •Manchester *N ewcastle - on - T^'ne Oxford Plymouth Salisbury Shrewsbury Swansea Worcester York. 'Birmingham •Bristol Cambridge Cardiff Carlisle Carmarthen Chester Dm'ham Examinations are generally held in the towns marked *. Every candidate is requhed to give at least thirty days' written notice to the secretary of the Incorporated Law Society of his desire to be examined, and must state in such notice the two languages in which he proposes to be examined, the town at which he wishes to be examined, and his age and residence, and place or mode of education. (Regulations of November 27, 1877, sec. 9.) The fee payable on giving notice for examination is £2. Should a candidate not present himself at the examination for which he has given notice, or should he fail to pass such examination, he is entitled, On giving at least fourteen days' written notice to the Incorporated Law Society, to present himself at a subsequent examination, and the fee payable by him on giving such notice for any subsequent examination is £1. (Orders, December 5, 1877, and Regulations, November 27, 1877, sec. 26.) Exemptions from the Preliminary Examination. The following persons are exempted, viz. : — Bachelors of Arts or Bachelors of Laws at Oxford, Cambridge, DubUn, Durham, London, Queen's University, Ireland, and Vic- toria University, Manchester ; Bachelors of Arts, Masters of Arts, Bachelors of Law, or Doctors of Law m any of the Universities of Scotland, none of such degrees being honorary. Utter barristers in England. Persons who have passed the foUo'O'ing examinations : — I First public examination before moderators at Oxford. Previous examination at Cambridge. Examination in Arts for the second year at Durham. Local examination, Oxford (junior or senior). Non-gremial examination, Cambridge (jimior or senior). Examination of the Oxford and Cambridge Schools Exami- nation Board (higher or lower certificates). Matriculation examination at Dublin or London (not neces- sarily in first division). SEKVIC'E U>"DER AKTlL'LES 195' Examination for First-class Certificate of tlie College of Pre- ceptors (40 & 41 Vie, cap. 25, sec. 10.) Junior students' general examination, Owens College, Man- chester. (Orders, December 5, 1877.) Moderations examination at St. David's College, Lampeter. (Orders, May 1, 1880.) Preliminary examination at Victoria Universitj-. (Orders, September 1, 1888.) Latin to be taken. The Master of the Rolls, with the concurrence of the Lord Chancellor and Lord Chief Justice, or (in case of diflerence) of one of them, may, where under special chcumstances he sees fit so to do, exempt any person from the preliminary examination either entii'ely or partially, or subject to any such conditions as to him, may seem fit (40 & 41 Vic, cap. 25, sec. 11). All persons who have obtained certificates of having passed the prelimiiary examination, or are exempt therefrom, inay enter into articles of clerkship. Seevice under Aeticles. The periods of service required are — for graduates of universities PerioJs of and for persons who have been called to the Bar, and are of less serrice. than five years' standing as barristers — three years. (23 & 24 Vic, cap. 127, sees. 2 & 3.) Barristers of not less than five years' standing are not required to enter into articles, but may be admitted after passing the final examination. (40 & 41 Vic, cap. 25, sec 12.) Persons who have been employed as bond fide clerks to solici- tors for ten years before the date of their articles, and who have been during that term hona fide engaged in the transaction and j)erformance under the direction and superintendence of such soli- citors, of such matters of business as are usually transacted and performed b\' solicitors, and who can satisfy the examiners that thej' have faithfully, honestly, and diligently served as such — three years. (23 & 24 Vic, cap. 127, sec. 4.) Persons who have passed the following examinations : — First public examination before moderators at Oxford — four years. Previous examination at Cambridge — four years. Examination in Arts for the second year at Durham — four years. Entrance examination, Dublin — having passed in honours- four years. Blatriculation examination at London, having beoi placed in the first division of such matriculation examination— four years. Legal students"^ higher examination, Owens College, Man- chester — four years. (40 & 41 Vic, cap. 25, sec. 13, and Orders of December 5, 1877.) 02. 196 SUMMARY OF REGULATIONS stamp on Hi-ticles. Enrolment of articles. Intcrme- iliate ex- amination. Time and place of examina- tion. Subjects of examina- tion. Notice of eX' fimination. The moderations examinations at St. David's College, Lam- peter— four years. (40 & 41 Vic, cap. 25, sec. 13, and Orders of May 1, 1880.) The preliminary examination at Victoria University, First Division. Latin to be taken. (Order, September 1, 1888.) All other persons — five years. Articled clerks bound for four or five years may serve one year with the London agent and one year with a barrister or special pleader. Those bound for three years may serve one year with the London agent, but they cannot serve any part of the term with a barrister or special pleader. (6 & 7 Vic, cap. 73, sec. 6 ; 23 & 24 Vic, cap. 127, sees. 2 & 6.) With reference to a clerk holding any office or engaging in any employment other than that of clerk to the solicitor to whom he is articled, see 37 & 38 Vic, cap. 68, sec. 4. The stamp duty on the articles is £80. The stamp duty on further articles is 10s. The articles must be enrolled and registered at the Society's Office within six months after execution. The fee payable to the Incorporated Law Society is 5s. When articles are left at the office of the Incorporated Law Society for registration the certificate of having passed the pre- liminary examination or any of the examinations exempting firom it must be produced. All certificates are returned with the articles. INTERMEDIATE EXAMINATION. All articled clerks, with certain exceptions, are required to pass the intermediate examination. (40 and 41 Vic, cap. 25, sees. 4 and 5, and Regulations of November 27, 1877, sec. 15, et seq.) The intermediate examination is held in January, April, June, and N ovember in each year, at the Hall of the Incorporated Law Society. (Regulations, November 27, 1877, sees. 12 and 13.) The subjects of intermediate examination are such elementary works on the laws of England as the Examination Committee may from time to time appoint for that purpose. (Same Regulations, sec. 14.) The particular books selected for the examination are named in the month of July in the year previous to that for which they are selected. (Same Regulations, sec 14.) Every candidate is required to give thirty days' notice in writing before the date of the examination at which he proposes to be examined and to leave at the Incorporated Law Society's office his article and any farther articles, diily stamped and registered, to- gether with his certificate of preliminary examination (unless he shall have been exempted therefi:om) and answers to the questions as to due service and conduct up to that time. (Same Regulations, sec 17.) IXTEEIVIEDIATE EXAMINATION 197- If the candidate passes the examination he will receive a certifi- cate to that eifect ; but in case he fails to do so he may, provided he has given the proper notice, attend any subsequent examination ; but if he shall not have passed the examination before the expira- tion of twelve calendar months next after the date when one-half of his term of service shall have expired, his examination at the expiration of his term of service shall be postponed for so long a period as may intervene between the expiration of such last- mentioned twelve calendar months and his passing the examina- tion, or for such shorter time as the Examination Committee shall du-ect. (Regulations of November 27, 1877, sec. 16.) The fee payable on giving notice for examination is £3. If n i candidate does not present himself at the examination for which he has given notice, or if he fails to pass such examination, he is entitled, on giving at least fourteen days' written notice to the Incorporated Law Society, to present himself at a subsequent examination, and the fee payable by him on giving such notice for any subsequent examination is £1 10s. (Orders, December 5, 1877, and Eegiilations, November 27, 1877, sec. 26.) Exemptions fkom the Intermediate Examination. Any barrister of not less than five years' standing, who has procured himself to be disbarred with a view to becoming a solicitor, and has obtained from two of the Benchers of the Inn to which he belongs, or belonged, a certificate of his being a fit and proper person to practise as a solicitor, is not required to pass the intermediate examination, and is entitled on passing the final examination to be admitted and enrolled as a solicitor. He is not required to have served under articles. (40 and 41 Vic, cap. 20, sec. 12.) The following certificates are accepted in place of the inter- mediate examination, viz., (1) A certificate of having prior to or after entering into articles passed the examination required for the degree of B.C.L. or LL.B. at one of the following Universities in the United Kingdom, viz. : Oxford, Cambridge, London, Victoria, Dublin, or Durham ; or (2) A certificate of having prior to entering into articles taken honours in the Pinal Honour School of Juris- prudence at Oxford or in the Law Tripos at Cambridge. (Regula- tions, April 1895.) FINAL EXAMINATION. All persons, except colonial attorneys of seven years' standing, riual ex- are su.bject to this examination before they can be admitted as """'nation. 108 SUMMARY OF EEGULATIOXS solicitors. (40 and 41 Tie, cap. 25, sees. 4 and 5, and Begtilations, November 27, 1877, sec. 20 et seq.) The examination is held in January, April, June, and Novem- her in each year at the Hall of the Incorporated Law Society. (Same Kegnlations, sees. 20 and 21.) Bnbjccts. The subjects of examination are as follows, namely : — 1. The Principles of the Law of Beal and Personal Property, and the Practice of Conveyancing. The Principles of Law and Procedure in matters usually determined or administered in the Chancery Division of the High Court of Justice. The Principles of Law and Procedure in matters usually detenninedor administered in the Queen's Bench Di%'ision of the High Court of Justice, and the Law and Practice of Bankruptcy. The Principles of Law and Procedure in matters usually determined or administered in the Probate, Divorce, and Admiralty Division of the High Court of Justice ; Eccle- siastical and Criminal Law and Practice; and Proceedings before Justices of the Peace. 2. 3. "Where articles of clerkship expire between a"'i 1^ ^ I Candidates maybe examined in January ; April 14 and [ May 22 J May 21 and \ Nov. 2 J Nov. 1 in any year and Jan. 11 in the succeeding year " f April ; June ; Tin November preceding J such last-mentioned I year, or at any sub- i. sequent examination. Notieetrf OS aminatiojj. Fees. Every candidate, at least forty-two days before the date of the examination, is required to give the Incorporated Law Society written notice of his desire to be examined. The notice must state the candidate's place or places of residence, and of service under articles for the last preceding twelve months, together with the name or names and place or places of residence of the person or persons with whom he has served during his articles. He is also required (unless he presents himself for examination under 40 & 41 "Vic, cap. 25, sec. 12) to leave his articles and any assignment thereof, or supplemental articles, duly stamped and registered, and answers to tlie questions as to service and conduct up to that time. 236 HONOURS January, 1884, First Class. (In order of Merit.) tiEoberts, T, | aLamb, T. Seoontl Class. (In Alphabetical order.) Arber, W. K. I Calvert, J. W. Holt, J. H. Third Class. (In Alphabetical order.) Bradshaw, C. G. Broatch, J. BuU, H. J. H. Dickinson, W. Jackson, W. H, Lemon, J, Q, Miller, B. W. Bipley, E, F. Eoberts, J. T. SiddaU, F. J. D. Sismey, G. H. Townsend, H. F. Apbil, 1884. First Class. In the opinion of the Committee the standard attained by the candidates did not justify the issue of any First Class List. Second Class. Harrop, A. F. H. (In Alphabetical order.) I Pedley, C. H. Troutbeck, J. (B.A.) Third Class. (In Alphabetical order.) Birkett, A. W. BosweU, C. S. Bright, F. H. Brown, A. L. J. (B.A.) Callender, E. G. Dallas, J. J. Fisher, A. George, D. L. Goulding, W. C. Greig, W. G. Harper, F. B. Jones, H. S. T. Lee, T. Marcus, H. J. Miles, E. V. Miller, J. M. N. Payne, A. E. Porter, G. Simms, A. Woulfe, H. C. June. 1881. First Class. (In order of Merit.) t&Waddington, J. C. I cBrown, A. aHarris, E. B. (B.A.) | Tomlinson, J, UONOtJRS 237 Second Class. (In Alphabetical order.) Bell, J. C. Jones, W. T. Foster, W. Lemon, P. Graham, A. L. Schlapffer, E. A. Hatton, H. Thompson, S. (B.A.) Waters, S. E. Third Class. (In Alphabetical order.) Brodie, "W. W. Morris, A. S. Dean, A. H. Swinson, P. Holme, H. J. Wilkie, A. G. SfCallaway, J. November, 1884. Pirst Class. (In order of Merit.) J aMeager, D. V. Second Class. (In Alphabetical order.)] Hutchings, T. W. B. Scale, G. Scorer, A. E. Stigant, P. A. Sutherland, J. M. Wilkinson, T. L. Third Class. (In Alphabetical order.) Adler, E. N. (M.A.) Ainger, W. D. Chorley, E. P. Fraser, C. Maunder, E. G Parker, G. B. TurnbuU, A. JI. Ward, S. G. White, E. Special Prizes, 1884 James Scott Scliolarslii]:. Theodore Boberts. Francis Broderip Prixe. Theodore Eoberts. Local Prizes. Timpron Martin Prize. Thomas Lewis Williinson. JoJm Atkinson Prize. John Tomlinson. 238 HONOURS Birmingham Law Society's Prize, (Not awarded.) Stephen Heelia Prize, Samuel Thompson (B.A.) January, 1885. First Class. (In order of Merit.) tJMaggs, G. E. H. I oChandler, H. F. W. cHowe, A. Second Class. (In Alphabetical order.) Batty, R. B. Cochrane, D. Metcalfe, P. J. Pope, A. Eichardson, W. E. Shipman, W. M. (B.A.) Smith, T. W. Willcocks, W. M. Third Class. (In Alphabetical order.) Hooper, W. T. G. 1 Salomonson, E. Moss, W. Scott, J. A. S. Nield, H. I Tyer, W. E. (il.A.) April, 1885. First Class. (In order of Merit.) tiMarigold, J. A. (B.A.) | cBilbroiigh, E. P. oBrotherton, P. H. | ■■Kingdon, F. W. ^Y. Second Class. (In Alphabetical order.) Asplin, C. Buchanan, Mac I. Butler, J. E. Cunningham, H. E. Fawcett, J. Sidebotham, A. Third Class. (In Alphabetical order.) Barker, T. W. Clark, J. Devonshire, E. L. Harries, I. Phillips, T. Walker, W. JtlNE, 1885. First Class. (In order of Merit.) tJHughes, T. J. If cBromfield, J. C. a.Franois, A. E. | [ *Hawkins, F. H. (LL.B.) "James, S. T. HOXOUES 239 Second Class. (In Alphabetical order.) Brightman, W. H. Cotton, J. T. Emerson, G. Hilton, C. H. Boxburgh, W. H. (B.A.) Sonlby, A. E. B. Speed, W. H. Taylor, G. W. Thomas, E. D. (B.A.) Wilson, E. T. G. Wood, W. E. Third Class. (In Alphabetical order.) Branthwaite, E. E. | May, H. A. E. NOVEMBEE, 1885. First Glass. (In order of Merit.) 6tJecks, A. S. (LL.b!) | aBrooks, A. D. Second Class. (In Alphabetical order.) Bailey, D. J. i Christian, E. B. Y. Bentley, W. Dunhill, E. S. Bevis, F. J. I King, H. C. Pnleston, A. Third Class. (In Alphabetical order.) Chadwick, W. S. j Standring, W. J. Mulcaster, W. Y. I Tonge, J. Wilson, W. C. T. Special Prizes, 1885. James Scott ScholarsJiip. Arthur Statham Jecks (LL.B.) Francis Broderij) Prine, Arthur Statham Jecks (LL.B.) Local Prizes. Timpron Martin Prine. John Carey Bromfield. John AtTiinson Prize. John Carey Bromfield. Birmingham Laj-v Society's Prize. James Arthur Marigold (B.A.) Stephen Heelis Pj'ize. Walter Mace Shipman (B.A.) 240 HOlJOUES January, 188G. First Class. (In order of Merit.) JtMann, Frederick Wm. (LL.B.) cBowie, David Mather (iWilliams, John Davies 1 *Evans, William Wynn *Wadeson, Pilchard Harman Second Class. (In Alphabetical order.) Britton, Philip William Poole Chappie, Frederic Northcote Charlesvvorth, George Herbert Cook, Robert Harding, William Haslehurst, George Lister McMillan, Donald Pain, Ernest Edward TurnbuU, John Third Class. (In Alphabetical order.) Clay, John Edward I Hart, Edwin Davis, Luther I Hirst, George Harry Strachan, Walter April, 1886. First Class. In the opinion of the Committee the standard attained bv the candidates did not justify the issue of any First Class List. Second Class. (In Alphabetical order.) Fenwick, Thomas Dobson ! Smith, Arthur Simpson, Thomas Stephenson | Stevenson, John Third Class. (In Alphabetical order.) Arnold, Whateley Charles Atkins, Ion Clarke, Sidney Wrangel Creswell, George Artliur Graham, James Newton Holt, James Yates Kewton, Walter Haj-don Sandford, John Erskiae Grant Winterton, Herbert Ealpli June, 188G. First Class. (In order of Merit.) 6 Abrahams, Arthur Edward | aFountain, Alfred nONOL^ES 241 Second Class. Allen, James Blankley, Arthiu- Hugh Bradley, Augustus Montague Dixon, Henry Goodfellow, Benjamin Griffiths, Edward Llewellyn Hearn, Alfred Booth (In Alphabetical order.) ! Light, John Lowe, Arthur Labrow (B.A.) Mollquham, Silbert MoLellan, William Francis Pickstone, Charles Herbert Pollard, John Charles Vincent, Hugh Corhett (B.A.) KoVRMBER, 1886. First Class. JNathan, Myer Samuel. Second Class. Blears, Walter Heywood Corbould, John Edward Crabb, Edward Alfred Third Class. Elmslie, Wilmot Edward Hart, Harry Cartwright Hebbert, Arthur Henry (In Alphabetical order.) Jones, Frederick Isaac Sproat, Thomas Talbot, Ellis Letham (In Alphabetical order.) Jacques, Charles Albert Lambert, Thomas Lambert, Walter Willie, George Harry. Special Peizes, 1886. James Scott Scholar s}iix>. Myer Samuel Nathan. Francis Broderip Pri::c John Davies Williams. Local Prizes. Tinqjron Martin Prize. Thomas Sproat. John Atkinson Prize. Thomas Sproat. Birmingham Law Society's Prize. (Not awarded.) 212 iioxduijs Sleplicn Hcclis Pri.jc. Benjamin Goodfcllow. January, 1887. First Class. (In order of Merit.) &t^^ ilson, Geo. Bailey (B.A.) | aSmith, Arthur (B.A.) Second Class. (In Alphabetical order.) Clarke, "William Henry | Naylor, Percy Proctor, Jolm Bobert, April, 1887. First Class. (In order of Merit.) SfPadmore, Frank Augustus (iWelch, Alfred Bassett Starbuck cParker, Christopher John *George, WiUiam '■'Neave, Frederick George *Trous, William *Davies, Dixon Henry *Hutchings, John Henry 'Wilson, Frank Heron, Second Clas.s. (In Alphabetical order.) Boyce, Godfrey Plalo | Hart, Thomas Nott, Francis Eobert. Third Class. Munday, William Luscomte. June, 1887. First Class. (In order of Merit.) StWalkcr, John Leonard ' cWhite, John fiGabb, Eichard Frederick Baker *Michelmore, Henry William 'Emanuel, Arthur Henry. Second Class. (In Alphabetical order.) Cartwright, Sydney [ Pierce, Ernest Wilson Dennis, John Herbert Pritchard, Arthur Ernest Guy Maudesley, Lawrence Long i Eawsthorn, John James Nichols, John Spencer, Charles St. David (B.A.) Third Glass. Snelliug, Percy William. 6tHuxtable, Jobn Elliott aOlarke, Arthur Joseph cWhite, Edward *Robinson, Cecil Peregrine *EaybouId, Alfred Jones HOXOUES 243 November, 1887. First Class. (In order of Merit.) *Kaye, William Thornton (B.A.) I *Cornish, John Batten (B.A.) 1 *Snell, John Beddome *Tanner, Edgar Robson (B.A.) "Turner, Theodore Guerdain Second Class. (In Alphabetical order.) Burrow, Alfred ! Mathews, John Bromhead Padley, George Frederick Ensor, Edward Robert Gilroy, George Norris Godard, John George Haygarth, Matthew Henry Slater, Samuel Mills Talbot, Hugo Widdowson, William Joseph Woodroffe, Edward Shrimpton. Third Class. (In Alphabetical order.) Channiug, Archibald ) Graham, John Special Prizes, 1887. James Scolt Scholarship. John ElUott Huxtable. Francis Broderip Prixc. Jobn Elliott Huxtable. Local Prizes. Timpron Martin Pri::e. Ernest William Pierce. JoJm Atkinson I'ri :c. John James Rawsthorn. Birmingham Law Society's Prize. Alfred Jones Raybould. Stephen Heelis Prirce. Hugo Talbot. B 2 244 iiosouRS January, 1888. First Class. (In order of Merit.) JtHudson, Frederick (B.A.) «Norman, Arthur cJackson, Cathrick (LL.B.) "March, Herhert *Wilhams, Robert Harold "Miller, George Munro *Dighton, Francis Probyn Second Class. (In Alphabetical order.) Bennett, William Herbert [ Neivton, George Daniel Calvert, Edwin Montague ^' ' ^ Evans, Alfred Fellowes, Evelyn Napier (B.A.) Freeman, Drury Melhuish, Alfred Warren Ehodes, Frank Septiiuug Roper, Freeman (B.A.) Eotherham, Richard Alexander Stafford, John "Walker, Arthur Yeates, Frederick Willson Third Class. (In Alphabetical order.) Cattle, Frederic (B.A.) | Peckover, Stephen Darbyshire, Benjamin Harvie I Rogers, Paul Owen Manning, Edward Lawrence I Sleigh, Myles Atkinson Matthews, Walter Hudson i Warne, Charles Edward Mead, James Ernest I Wooding, Benjamin (B.A.) April, 1888. First Class. (In order of Merit.) StFletcher, Basil (B.A.) aBickford, Thomas Tozer cStrong, Thomas Slack *Busby, James WiUiam (LL.B.) *Smyth, Percy Meliss *Todd, Thomas Burland *Hall, Richard Barker William Second Class. (In Alphabetical order.) Charlton, Oswald ] Leach, Edmund Forward, John Adams [ Phillips, John Lewes Hosegood, Alfred i Sharpley, Philip Henry Webb, Edward James Turner Third Class. (In Alphabetical order.) Atkins, Percy Colquhoun (B,A.,i Morgan, William LL.M.) j Parker, Herbert A^'oods Cobb, John Gerald (B.A.) i Peacock, Francis O'Neill Izod, Henry Allan Rimmer, Reginald Llewellyn, Thomas John (B.A.) j Simpson, John Alexander Martineau, Philip Hubert (B.A.) , Wheldon, Robert HONOUHS 245 5tClarke, Chai-les Peard aSmith, Charles Lawson (B.A., LL.B.) cSidebotham, John Jamea *Bell, James *Chavasse, Alban •Brown, Herbert Collander June, 18S8. Fu-st Class. (In order of Merit.) Randall, Alfred *Harcourt, Halliday 'Ogle, John Bertram (B.A.) •Riddell, George Alladice *Clegg, Leonard Johnson 'Hoare, Stanley Herbert *Grazebrook, William Henry 'Fiske, William Sanders Second Class. (In Alphabetical order.) Aylen, Percy Lionel Bacon, Henry Barker, Arthur Edward Bubb, Edward Wallis (B.A.) Butcher, Eobert Symonds Campbell, William Arthur Crawford, George Frederic Cummings, Arthur Temple Cunningham, William Dunlop Danvers, Eobt. Augustus (B.A.) Dixon, Thomas Rochester Gates, Howaj-d Francis Hagon, Charles Edmund Hail, Robert HaUiday, Alfred Hobson, George Wentworth Hudson, John Hudson Langham, Frederick George (B.A.) Large, Albert William Lewis, Frederick Upton Morris, Frank William Nesbitt, Charles Parkin, Agar Hooper Perkins, Frank (B.A., LL.B.) Pownall, Joseph Boothby Samuell, Arthur Edward Slipper, Armine Hugh A^'alker, Frederic Arthur Wykes, Sidney Robert Third Class. (In Alphabetical order.) Barclay, Joseph George Blount, Ernest WiUiam Brinkworth, George ElHott Cleveland, Arthur Rackham Coode, Thomas Lyne Dent, Ernest Freshfield (B.A.) Harris, Charles Frederick Herschell, George Smith Hirst, Francis Joseph (B.A.) Huskinson, Charles John Jackson, Herbert William Johnston, Charles Watkinson Laybourne, Percy Troughton, Layton, Frederick Ernest Lewis, Henry Reginald (B.A.) Little, EUis Duckworth Mayne, Arthur Heriot Moody, Henry (LL.B.) Peters, Sydney Conrad Pratt, William Wortley Roberts, John Richard Robinson, Ernest Keene (B.A.) Sheppard, Herbert Byard Sykes, Edwin Sykes, John Lewis Terry, Harry AVilliam Henry 24G HONOURS NOVBMBEE, 1888. First Class. (In order of Merit.) itArnholz, Henry Preuss nTodd, Hadden cKnssell Stebbing 'Cattle, John Bowland *Brown, Herbert George Second Class. (In Acworth, Edwd. Cecil Brindley | Addison, James Flockhart Beokton, "Walter Doming Brandon, Harry Broad, John Crimp, Walter Edwin Dobell, Percy (B.A.) Eaves, William John Stanley Edward, Francis Harold (B.A.) Thii-d Class. (In Atchley, Hy. Wilmot Wickham Capper, William Ellis, Clement George Lumley Ferrier, Eichard Fredk. Ernest Ford, Henry Heaton, Beresford Eimmington (B.A.) Horley, Edward (B.A., LL.B.) Hoskins, Horatio Francis Alex. Hunt, Edward Frederick Mellersh, WilMd Duke Oddie, William 'Mlddleton, Gilbert *Laverack, Edwin Arthur *Hart, Samuel Hopgood *Hart, William Jackson *Leaoh, Louis James Alphabetical order.) Fox, Robert Floud (B.A.) Gee, ^^'iUiam Johnstone Lee, Douglas Cameron Letts, Eichard Arthur Newsam, Frederic Charles Philcox, Henry Kelson Eound, Charles Tannett, Thomas Thornely, James Lamport Alphabetical order.) Rathbone, Herbert Eeynolds (B.A.) Eawlinson, Thomas Arthur Short, Percy (M.A., B.C.L.) Stanhope, Edward Collingwood Spencer (B.A.) Thompson, John Studholme Tindle, John Spoor Tompkins, David Henry Vassal], Harry Graeme (B.A.) Walford, Herbert Nevill (B.A.) Woodhead, Edgar Thos. (B.A.) Special Prizes, 1888. James Scott ScJwlarsJiip. Charles Peard Clarke. Francis Broderip Prize. Percy Lionel Aylen. Local Prizes. Timpron Martin Prize, Hadden Todd. HONOUES 247 ■Tolui Afliinson Pri-je. Percy Meliss Smyth . Biniiiii/jJiam Law Society's Pii-e. (Not awarded.) 8fc2>Jicn Heelis Prize. Robert Hall. ftfJones, Arthur (B.A.) aParker, James Kenyon fPreston, Herbert Sansome Second Class. Breakell, Walter Burton, Arthur Angell (B.A.) Charles, Eobert William Ci-ouoh, Leonard Wing Goodman, George Goulding, Wm. Haworth Hobbs, Edward HoUand, Wm. Thos. (B.A.) January, 1889. First Class. (In order of Merit.' Thompson, Wansbrough] John Moreton (LL.B.) *Bolton, Eobert Charles Charles (In Alphabetical order.) i Jewson, Francis Oldfield, Martin Percy Stuchberrj', Thos. William Swift, Ernest William Sykes, James i Tilly, James Walker, Miles Webster, Wm. Third Class. (In Abbott, Edmmid Bushworth Bull, Frank Kimber Cardan, Herbert Arthur John Genge, Henry Arthur Pope Hampton, Wm. Boberts Harris, Reginald James Hawkms, Benjamin Humphreys,FrancisJoseph(B.A, Alphabetical order.) Jecks, Harold Harry Robertson Jones, Thos. Davies Lydekker, Edgar (B.A.) Nodes, Sydenham W. Stephenson PuUan, Herbert Thornton Rogers, Hywel Llewellyn Sims, Arthur ) Strong, Noel Whitley tSEowseU, Charles Frederick / aAndrews, Richard Wm. \ fWilkinson, John Stanser Stewart, Allan Poole, Harry April, 1889. First Class. (In order of Merit.) Hallsworth, James Henry Holt, Herbert James Whittell Walters, Herbert Graham (B.A.) Reynolds, James Charlesworth, Arthur Heywood Steel, Frederick William 248 HONOUR Second Class. Bower, George Walter Bunting, "Walter Sampson Cobb, John Austin Crooks, Edward Victor Fisher, Wm. Swann (In Alphabetical order.) Gratton, Herbert Sterland Moss, Wilfred Pearson, Frank Shakespeare Ward, Ernest Wilson, Harold Third Class. (In Alphabetical order.) Bourne, Wm. Percy Carr, George Arthur Buxton Caunce, John Caunce Linney Davis, Frank Finohett, Wm. Henry Gilberthorpe, George Cooke Glubb, Albert De Castro Williams, Arthur Charles Jenkins, Henry Martyn Leacroft, Frederick Eichard Becher Martin, Wm. Henry Mawson, Henry (LL.B.) Ogilvie, Charles Edward Smart, Charles Joel June, 1889. First Class. In the opinion of the Committee the standard attained bj' the candidates did not justify the issue of anj' First Class List. Second Class. (In Alphabetical order.) Burrows, Harold Gamlin, Francis John Hodge, Wilmot Jones, Edgar Wm. Knott, Henry Wm. Howard Maylam, Percy Third Class. (In Alphabetical order.) AUen, John William Bird ArkeU, Thomas (B.A.) Charlesworth, Charles Percy Copley, Harry Daltry,Bertram Harvey Eeginald (B.A.) Eve, Charles Henry Freeman, Charles Hilleary,Frederic Edward Aubyn (B.A., LL.M.) Hocking, Thomas Eichard Hough, Topham Hough (B.A.) Miller, Arnold Henry Mill, Charles Pattinson, Hubert Foden Piatt, Eowland Eussell, John Stanley Vaughan Simmons, Harold Solomon Simpson, Edward Overend Slinger, George Nicholas Thompson, John Watkin, Alfred Hobson Wattson, William Bevon (LL.B.) White, Archer Moresby HONOURS 249 November, 1889. First Class. fttWatson, Ernest Iveiis. Second Class. (In Alphabetical order.) Barrow, Walter Bone, Edward Henry Ellis, James Sydney King, Frederick Herbert Maodonald, Greorge Alexander Third Class. (In Alphabetical order.) Berry, Thomas William Seagar By thway , William Henry Vipond Glutton, Francis Owen (LL.B.) Dufitt, John Edgar Fordham, Montague (B.A.) Haiding, Lansdown (LL.B.) Hippesley, Beginald Hirst, John Lee (B.A.) King, Wm. Henry Mote, Frederick John Prebble, Harry Ward Eichardson, Wm. James Lewis Williams, Edward WUmot, Edw. Dudley Lea Special Prizes, 1889. Jmnes Scott Scholarship. Ernest Ivens Watson. Francis Broderip Prize. Eichard William Andrews. Local Prizes. Timpron Martin Prize. Edward Victor Crooks. John Atkinson Prize. Walter Breakell. Birmingham Latu Society's Prize. (Not awarded.) Stephen Heelis Prize. Arthur Hoywood Charlesworth. 250 HONOURS January, 1890. First Class. (In order of jMerit.) fifSilvester, Thomas Edward *Heath, Christopher aFreeman, Alfred Georgo cSmith, Harry Opie *Lees, Arthur John *Heath, Walter *Bury, Thomas Keginald Second Class. (In Alphabetial order.) Allen, John Arnold, William Blyth, Bobert William Carter, John William Carter, Walter Henry Bonham Dexter, Albert Eussell, William Herbert. Engall, Thomas Howard Goodman, Godfrey Davenport Hoiile, Evan Percy Jefferis, Walter Henry (B.A. LL.B.) Jones, Harold Christian Third Class. Beech, Charles Henry Danger, William Laudale Davies, Albert Orlando Jones, Ernest Heys Mayfield, Charles Glossop (In Alphabetical order.) Okell, John Peck, Edv?ard Francis Taylor, Ernest Ramsay Wood, John April, 1890. First Class. h-\dJianter, Joseph Louther. Second Class. Austin, Alfred (B.A.) Croft, Cyrus Latimer (In Alphabetical order.) I Watkinson, Francis Cliffe Third Class. (In Alphabetical order.) Bamford, Thomas Broughton Barnes, Wm. Herbert Benham, Leonard Allen Bromwich, Francis Henry Ford, Alfred Rogers Haye, George Henry Lockwood, Willie Ernest Morland, Francis John Nanson, Ernest Lonsdale Pettitt, Charles Heni-y Pyke, Arthur Spyer, Edmund Solomon Ward, Alfred Ernest June, 1890. First Class. In the opinion of the Committee the standard attained by the candidates did not justify the issue of any First Class List. HONOURS 251 Second Class. (In Alphabetical order.) f?Evans, Laming Worthington j Terrj', Thomas Henry Plaskett, William Levers (M.A., Williams, John Lloyd Vaiighan LL.B.) j Seymour Third Class. (In Alphabetical order.) Atkinson, Charles Joshua Fearn-' Pratt, Alfred Ernest side I Rogers, Alexander Elliott Binns, Percy Noel i Searby, Fi-ank Fairer, Edwin John Hudson, Arthur Vanghan Wardle, Frederick Darlington Waterman, John Howard Keele, Edward York ' Williams, Ernest George Scott Prance, Miles Herbert I Wimbnsh, John Bonrchier NovEJsrorn, 1890. First Class. In the opinion of the Committee the standard attained did not justify the issue of any First Class List. Second Class. (In Alphabetical order.) BlundeU, Alfred Herbert (^GradweU, W^illiam Newby Gray, George (B.A., LL.B.) Gray, George Duncan Smith, Joseph Brittain Stuart, William Joseph Thomas, Arthur Hannibal Third Class. (In Alphabetical order.) Bradboume, Charles Randolph 1 Hayne, Henry Bertram Robinson (B.A.) i Jacobs, George Saunders DunneU, Robert Francis I Lloyd, Edward (LL.B.) Grundy, James Arthur I Sharpe, Henry Cecil (B.A.) Warren, Frederick Charles Special Prizes, 1890. James Scott Sclwlarshijp. Joseph Lowther Hunter. Francis Broderip Prize, Harry Opie Smith. Local Prizes. Timjpron Martin Prize, John Atlnnson Prize, William Newby Gradwell. 252 HONOURS Birmingham Law Society's Prize. Arthur John Lees. Stephen Heelis Prize. John Okell. January, 1891. First Class. (In order of Merit.) ifl'^'itcliarcl, Harry Goring | aAJdous, Thoma.s Henry cJones, Thomas Estyn Second Class. (In Alphabetical order.) Cardale, William Henry (?Carter, George Coplestone Grunebanm, Martin | Peel, "Walter Smith, Henry Thomas Keehng, Arthur Trowbridge Mitchell, Sidney Alfred Third Class. (In Alphabetical order.) Aitken, Eobert Bellingham, Hugh Buller, Alban Gardner Cooke, David Frederick Emanuel, Frederick Graham Fawcett, William Claude Goodair, Thomas Griffiths, William Hankinson, KyrleChatfield(B.A.) Hitohings, Eobert Lewis Shea, Sidney Smith, Frank Feusdale Standring, Thomas Walford, William Welfare, James Henry Welman, Edward John Wyatt, Frederick Bullen April, 1891. First Class. (In order of Merit.) 5t Johnston, Henry 1 cPreston, Arthur Sansome George, Henry Daniell | *Bowle3', Henry Gowland Second Class. (In Alphabetical order.) Clutterbuck, Charles Eomanes | Lockwood, William Coleiidge | liParkes, John Amery Wilson, Eeginald Thorpe (B.A.) Third Class. (In Alphabetical order.) BjTne, Edward Cotton (B.A.) Hebden, Brian Newell Eobinson, Frederick WiUiam Seddon, Frank Jervis Sedge wick, Harold James (B.A.) Wood, Eobert Percival Seeley, Henry Simpson, Harry Faulliner Steed, Joshua Owen Stuttaford, Frank Thirlby, Frank Stuart HONOURS 253 June, 1891. First Class. (In order of Merit.) ftfi^Sugden, Herbert Stanley i cWhite, Edward Aubrey aClarke, Ai-thur Edwin | Second Class. Brandreth, Colvin (B.A.) Champion, Edward Frank Cohen, Baruoh Martin, Harold (B.A.) IMartineaii, Gerald (LL.B.) Musgrove, Arthur (In Alphabetical order.) Roberts, Edwyn Turner Smith, Arthur Southwell, Harry Glanville Steele, Henry Squire Yeitch, Harry Morgan Worth, Stanley Baldwin Third Class. (In Bradby, Edwin Hugh Palkwine (B.A.) Carlisle, Ernest James (B.A.) Cu£F, Arthur Wilham Davidson, Norman Davies, Jonah Eddison, John Arthur (B.A.) Fisher, Theodore Halsey, Bernard Edward Harris, William Nelson Hill, Henry Egan (B.A., LL.B.) Hughes, Edward Percival Whitley Alphabetical order.) Knight, Edward Boards Long, Alexander John Wakeman Magee, George Michael Meakin, James Robinson Mills, Albert Thomas Mosley, Godfrey (B.A.) Sale, Frederick William Reed ScammeU, Stephen Malcolm Smith, William Hubert (B.A.) Walker, Albert William Joseph Whiteley, Frederick James Woolnough, Charles Walter NOVEMBBE, 1891. Fu-st Class. St^^Vallance, William Charles. Second Class. Barton, John William Kenshole, William Kirby, Cyril Herbert (In Alphabetical order.) Risque, John Alfred Sturges, Walter Henry (In Thhrd Class Addleshaw, Harold Pope Beardall, Lennox John Bradley, Warwick Vernon Bray, Harry Cockimrn, John Henry Dowse, Esmonds Henry Augus- tine Kenrick Dunn, WiUianl (M.A., LL.B.) Evans, Edward Gordon, William Henry (B.A.) Alphabetical order.) i Johnson, Charles Villiers I Jones, Francis Thomas (B.A.) t Lloyd, Frederick Charles Murton, Charles Duncan (B.A.) Smith,Douglas Robert Crawfurth Stroud, Lewis (M.A.) Thistlethwaite, John Barlow (B.A.) Wright, Herbert Edwin (B.A., LL.B.) 254 iiosouES Special Prizes, 1891. James Scoit Scliolarsldi). Henry Johnston. Francis Broderijp Prize. William Lookwood. Local Pkizes, 1891. Tivipron Martin Prize. John Atliinson Prize. "William Lockwood. Birmingham Lam Society's Pri::e. (Not awarded.) Stephen Heelis Prize. J. A. Eisque. January, 1892. First Class. (In order of Merit.) SfStallard, Alfred William i cMorgan, William Frcdt rick (wZNewnham, John Montague Taylor (B.A.) (B.A., LL.B.) ! Second Class. (In Alphabetical order.) De Bartolome, Vincent Martin j Jackson, Stowers WiUiam Eouskell, Frank ! Punch, John William Kobinson Cotterell, Ernest Alfred Russell, WiUiam j\lozart Dickinson, John Dickinson Saw, Henry WOliam (B.A.) Finch, Ernest Cormack j Smith, Geoffrey Plumpton Fox, Alfred Francis (B.A.) , Taylor, Owen Jemson Hawkins, Frederick ; Third Class. (In Alphabetical order.) Andrews, Frank i Freeman, Charles Blomfiekl Bown, William Langsdale , Minshall, William Keurick Clowes, Edmmid Thorold Owen, William Henry Colyer, William Alexander Pahuer, William. Verney Francis Eoper, Percy James^ Edgecombe, Edward Chorley Morgan-Thomas, -Joseph (B.A.) "SVatson, Arthur Bingham Emle-s', Edwin < J lUNO UBS 255 5tBlyth, Charles Frederick Tolme (LL.B., B.Se.) April, 1892. First Class. (In order of Merit.) aBrowii, Cecil George (LL.B.) cdAlderson, Charles Second Class. Behrens, WUliam Henry Byrne, Thomas James Dingle, Frederick Bm-riugton Hodge, Henry (In Alphabetical order.) King, Walter Eobert Pritchard, James Thatcher, Alan Third Class. (In Alphabetical order.) Bennett, George Looking (B.A.) \ Eees, Grif&th Caradojr Green, Francis Spranger Holmes, Harold Watson, Miles Walter Wintle, Arthur fttTuUoch, Gregorie, June, 1892. First Class. (In order of Merit.) Angus Alexander I aBramley, Edward (M.A.) B.A. I Second Class. Brown, James Clement Collins, Algernon Lionel Gamer, Wilham Harding, Eeginald Tuffley (In Alphabetical order.) Humble, George dMander, Charles Henry Water- land (B.A., LL.B.) Taylor, James Hubert Third Class. (In Cobb, Cecil Henry (B.A.) Cooper, Francis John (B.A.) Davie, Edward Cruger Ferguson Gibson, Charles (B.A.) Hannay, Frederick Ernest Haworth, Charles Joseph Leman, George Curtis (B.A.) Marsh, Norman Neville (B.A., LL.B.) Alphabetical order.) Mitchell, Percy Bobert Pott, James Sampson, Edward Scott, George Turner, Frederick Walford, Thomas Henry Walton, Charles Henry Williams, Wilham Griffith (B.A ) Williams, Ernest Eeed NOVBMBEE, 1892. First Class. In the opinion of the Committee the standard attained by the Candidates did not justify the issue of any First Class List. 256 HONOURS Second Class. (In Alphabetical order.) Callander, George Dayrell Glasgow, William dPage, Arthur William Bushforth, Francis McNeil Stevenson, Harold Thomas (B. A.) Wright, Charles North Third Class. (In Alphabetical order.) Bathurst, Allen Cookerton, Vernon Eeilly Gandy, William James Levi, Alfred David Robbs, Walter Simpson, Herbert Tickle, Konald Japheth Tootell, Frederick Joseph Special Phizes, 1892. James Scott Scliolarsliii}. A. W. Stallard. Francis Broderip Prize. A. W. Stallard. Local Prizes. Timpron Martin Prize. J. C. Brown. John Atkinson Prize. William Glasgow. Birmingham Law Society's Prize. (Not awarded.) Stephen Heelis Prize. A. A. G. Tulloch, B.A. January, 1893. First Class. (In order of Merit.) 6t''iChambers, Percy Holland | 'Champion, Frederick Cecil a.Bruce, Gerald Trevor Gurney Fox, Herbert Hamilton I Second Class. (In Alphabetical order.) Burnett, Henry Cleather (B.A.) Pugh, Thomas Dunlop, Robert WOham Layard | Tayler, Walter Henry Gait, John Clarke j Thirlby, Edwin Harris Lea, George Henry Clark ' IIONOUBS Thii-d Class. (In Alphabetical order.) Allen, Percival "Wallis (B.A.) Berryman, Frederick Bowker, Henry Francis Fell, Basil Haig (LL.B.) Gaskell, Walter Hamilton, Constantine De Conrcy Hosgood, Sebastian Inglis, John Campbell (B.A.) 257 Miller, Sidney James O'Connor, Mark Oldershaw, Stewart Watson (B.A.) Rose, Philip Vivian Ross, Henry Harrison Stockdalc Taylor, Alan Reed Tm-ner, John Mayer Burrow April, 1893. First Class. (In order of Merit.) SfHerford, Henry John Rob- herds (B.A.) aScriven, Charles cHopwood, John Rowland *J\lcKelvie, George Lockhart (B.A.) Second Class. (In Alphabetical order.) *Moseley, Richard Evan *Prest, Thomas Arthur (B.A.) *Bnllivant, Thomas *Hair, Archibald *Steel, Arthur Dyne (B.A.) Allcook, Frederick Barnes, Reginald Longmore Crawley, Edward (B.A.) Clutterbuck, Charles Granville Cobbett, Walter Palmer Frodsham, James James, WiUiam Edward (B.A.) Nicklin, Herbert John PoweU, John Powell Jones (iTait, Duncan John "SViite, Willie Third Class. (In Alphabetical order.) Fox, Herbert Edward William Gale, John Edward Hardicker, James Ogden Haslam, Arthur Lydall, Herbert Wykeham Roe, William Henry- Smith, Frederick Charles (LL.]', B.A.) Swann, Oliver Howard 6tdClarke, Charles Frederick Loriston aHitchins, WUliam Stanley June, 1893. First Class. (In order of Merit.) SPugsley, Jolm Follett *Jones, Frederic Harry *Green, Henry Second Class. (In Alphabetical order.) Clayton, Henry Thomas Seymour' Jeram, Prank Ernest Cowley, Frederick John , Leonard, Albert Edward Hunt, Francis John I Simpson, Harry Derwent 258 Honours Third Class. (In Alphabetical order.) Allen, Herbert EUiston Armstrong, "William Anderson (LL.B.) Bowler, Thomas Chesters Brett, Alexander Dallt^s Bryers, Thomas Edward Buckley, George Dyson Byrne, Rupert Henry Finch, Ernest Gerard Hinohcliffe, Arthnr Edward Townend Hind, Charles Sidney Holbeohe, Thomas Ingram, Eowland Well don Johnson, Percy Marr (B.A.) Jones, Frederick Graham Jones-Parry, Thomas Parry Leman, Downton Curtis (B.A.) Lloyd, Robert Evan Nix, John Stanley (B.A.) Parkin, Ernest Lanfrano Pritohard, Frank Shallis Turner, CyrU Edward Wade, Henry Oswald (LL.B.) NOVBMEEK, 1893. First Class. (In order of Jlerit.) i+Owen, Owen William (B.A.) , 6f?NichoIl, David Arthur (B.A.) aMeikle, James Edward I Second Class. Aske, Robert William Frost, William Hopper, Alfred Ernest Hubbard, Chalton Hyde, Harold (In Alphabetical order.) Jones, Ernest Heber Landel Lees, WiUiam Smith, Charles Soames, Joseph Charles Stothart, James Bell (M.A.) Third Class. Archer, Francis WiUiam Barber, Harry Billson, Edgar Leicester (B.A.) Chorlton, ^ Alfred Ethelbert Gospatric Hamer, Frederick Hatch, Frederick George (In Alphabetical order.) Nicholls, Joseph Godfrey Patten, George Leath Sapte, Fitzroy Thomas, Walter Frederick Turnbull, Sydney PeveriU (B.A.) Williams, William Augustus Woodbridge, Algernon Rivers Special Pkizes, 1893. James Scott ScholarsMj}. V. H. Chambers. Fra)icis Brodeiip Prize. D. A. NichoU (B.A.) Local Pkizel:. Tiuipron Martin Pri?:e. ■John Atkinson Pri::c. E. L. Billson (B.A.) HONOUIlrt 259 Birminijham Law Society's Gold Medal. T. A. Prest (B.A.) Binningham Law Sooictu's Bronne Medal. (Not Awarded.) Stephen Heelis Pri::e. H. J. R. Herford (B.A.) Jamuaky, 1894. First Class. (In order of Merit.) SfFoster, Ernest Henry i JBeardall, Julius William Edv/in rtLegg, Arthur Stuart ! Second Clast Boothroyd, Allen Chorley, Arthur Eeginald Hart, Walter Gray (In Alphabetical order.) I Eobb, Edward Elvy Walmsley, Perci-val Brunsdon Third Class, Barber, Charles Gilbart Dawson, Conrad Edward Onslow, Henry Douglas Hughes (In Alphabetical order.) Palgrave, William Eeginald Eaymond, Montague James dEeed, WiUiam April, 189d. First Class. (In order of Merit.) SfWigglesworth, Francis WilUam'cEoberts, Arthur Ehys (LL.B.) aAndrews, Alexander Webb Second Class. Ackroyd, Samuel Hooley AUen, Frank cZBrowne, James William Fox, Adam "'■Quicke, John Minturn (B.A.) 1 "Orford, Edwin Artluu- (LL.B.) (In Alphabetical order.) ' Francis, William Alfred I Lesser, Algernon I Smith, Ernest j Sutton, William Thu-d Class, Dodgson, Walter (B.A.) Godson, Phillip Herbert Tanker ville Hutchinson, Herbert Innes, Charles Ernest (In Alphabetical order.) Lewis-Lloyd, Robert Wharton (B,A.) Rodgers, Thomas Edgar Thomas, Benjamin David 260 HONOURS June, 1894. First Class. (In order of Merit.) JtMacAndrew, Stephen Lee oThomas, Peter David cBishop, Frederick William' (LL.B.) I "Goaman, Thomas Alford ^^Bisgood, Gerald Cecil (B.A.) "Nicholas, Walter Powell Second Class. (In Alphabetical order.) Bond, Ralph Stnart Dell, Alfred Percival Gray, Samuel Oscar Hooper, Charles Alexander (B.A.) Latham, Lovell Leech, Eiohard Henry- Marshall, Arthm- Edward Willoughby Marshall, John Perkins, Ernest Wrigley Stephens, Arthur Ne^-ille Sterry, Percival Stewart, John Fairhairn Swaine, Eobert Coare White, Eeginald John Third Class. (In Alphabetical order.) Campbell, Eobert Edmund (B.A.) Clough, Gerard Buncombe Davie, Charles Christopher ' (LL.B.) Dobinson, Ernest Croudace Gould, Eeginald Claude Haddock, Frank Eraser Ingle, Frank Seston Jeans, WiUiam Dampier Kenyon, John King, Gilbert Walter Lester, Herbert Graham Partington, Thomas Edward (B.A.) Pears, Hugh Vaughan (M.A.) Eicketts, William Tyler Sherrard, George Clifton (B.A.) Stunt, William Sylvester, Frederick Arthur Percy Tebbs, Henry Nelson Ward, Joseph William Wiltshire, Percy November, 1894. First Class. (In order of Merit.) SfHornsby, Thomas I (zHepburn, Patrick Henry Second Class. (In Alphabetical order.) Christians, Wilham George j Nelson, WiUiam George Eraser (iCooke, George Thomas \ Nowweiler, Arthur Henry David Jones, Frederick George Prentice, Noel (B.A.) Killick, Henry (B.A.) 1 Eobinson, Percy .James Hall Wilson, Joseph Hutchinson (B.A.) HONOUES 261 Third Class. (In Alphabetical order.) Abberley, William Heath Bowdler, John Charles Henry Carter, Edmimd Gardinson Dashwood Davies, William Arthiir Edwards, John James Fisher, John Flower, Ealph Wiokham Hiley, George Lewis (B.A.) Morrison, Henry Stanley (B.A., ^ LL.B.) Newsom, Samuel James Nowell, Thomas Baron Eoberts, Frederick Eichard (M.A., LL.B.) Slack, William Jeremy Watts, Edwin Welch, Arthur Hugh- Jones, George Dempster I Woodwark, Harwood De Courcy Special Peizes, 1894. James Scott Scholarship. S. L. MaoAndrew. Francis Broderijp Prize. S. L. SlacAndrew. Local Prizes. Tinipron Martin Prize. John Athinson Prir.e. H. G. Lester. Birmingham Law Society's Oold Medal and Bronze Medal. (Not awarded.) Ste2)hen Hcclis Prize. F. W. Wigglesworth (LL.B.) Mellersh Prize. P. H. Hepburn. January, 1895. First Class. iflsaacs, Moses Hyman Second Class. (In Alphabetical order.) Beloe, Edward Milligen Graham, John Twynholm Osbom, Charles Henry William Eedfern, Francis Thomas Scott, Eoderiok Mackenzie c^Stobie, James 262 HONOURS Third Class. (In Alphabetical order.) Careless, Archibald Lindsay Chapman, Charles James Craig, Gilfrid Gordon Dowling, Thomas Epton, Bobert Gould, Reginald Thomason (B.A.) Hayward, Albert Harris Hethorington, Joseph Hmitley, Frederick .James, Siward Ivennett, Gilbert Bnttler Lloyd, Joseph Pomery, Geoi'ge Joseph Redfern, Tom Robson, John AValter Snowden, -Tohn Clarke Tomkins, Frank Oliphant April, 1895. Fu'st Class. StBuokley, Charles Arthur aHobson, Alfred Allen (•Hanson, Henry *Atkinson, Cyril Second Class. Anderson, Franlt Bainbridge, Florance Anthony Chadwick, Walter Alfred Chapman, Ernest Lewin (In order of Merit.) •Henderson, Walter Scott *Barnes, Walter James *fZSoott, Herbert Harger (In Alphabetical order.) Lambert, Frederick Charles Ridsdale, Arthur Francis Rydon, Henry Walter Smallwood, Arthur Irving (B.A.) Third Class. (In Alphabetical order.) Alcock, James Bailey, Charles Frederic \ Elwes, Henry Geofl'rcy Haddock, Percy Jones, Arthur Lloyd Lucas, William Wrathal Macdonald, Kenneth Richards, Frederick William (LL.B.) Eitson, Vernon Ashley Spencer, Arthur Norton Whitehead, William Marquis (LL.B.) Williams, Herbert (M.A.) Wilson, Frank Hebden JUNE, 1895. First Class. 5tRiohardson, Frederick William. Second Class. (In Alphabetical order.) Baker, Charles Barnes, Goodwin Howard Barnett, Harold Darracott Morris Burgess, Fred Esson, Ernest Cuthbertson Halton, Frederic William Heathcote, Godfrey Hindley, George Henry Jolly, ^^thur Matthewman, Alfred Ernest (B.A., LL.B.) Singleton, William Edward Topham, George Umney, Percy (B.A.) HONOUES 263 Third Class. (In Alder, Charles Henry Lawrence Atehley, Edward Herbert Barnes, Reginald Garrould (B.A.) Brennan, James Careless, Edward Powell Catling, Charles Bowker (B.A.) Cooke, Frederic Horace (B.A.) Cotton, Lionel Francis (LL.B.) Dickson, James Husband Dootson, Thomas Robert Enever, Charles Richard Healing, George Edward (B.A.) Hilton, Edwin Kennedy Jackson, William (B.A.) Lloyd, Charles Owen Merry, Major Alphabetical order.) Neale, Dennis Orme, Harold William Patey, Samuel Picton, George Wilson (B.A.) Rider, Edward Percy Stedman, Francis Robert Stephens, Ernest Henry (LL.B.) Tubbs, Leonard (B.A.) Tudor, George Ward, Arthur Henry Waterman, Arthur Nunneley (M.A.) Wisden, Frederic Woolsey, Godfrey Edward Wel- lingham Young, Robert Archibald Not Classed. fZPranldin, Albert Henry. November, 1895. First Class. (Li order of Merit.) itJonghaus, Thomas Chadwiok cMead, Gerald Harvey nVaughton, Rowland Griffith (B.A.) Second Class Box, Henry Thomas Bulkley, Maurice Arthur Chambers, Charles Graham (B.A.) Drewry, Edward Gwyther Third Class. (In Alphabetical order.) (In Alphabetical order.) Hayward, Charles John William (B.A., B.C.L.) Kent, Arthur Lawrence Littler, Oswald Collier Mott, Charles Egerton (B.A.) Bottomley, Leonard (M.A., LL.B.) Butcher, Hugh Durrance, Walter Edwards, Morrice Alfred (B.A.) Jacobs, Jacob Johnstone, George Wild Lowless, Ronald Dosson tZRoberts, John Trevor VinaU, Cecil Whitgreave, Charles Vincent Special Prizes, 1895. James Scott Scholarship. C. A. Buckley. 2G4 IIONOUES Francis Broderip Prine. C. A. Buckley Local Pkizes. Tiinpion Martin Pri::c. John Atkinson Prize. William Jackson. Birmingham Lazo Society's Gold Medal (Not awarded.) Birmingham Laiv Society's Bronze Medal, r. A. Bainbridge. Stephen Hfelis Prir.e. Cj'ril Atkinson. Mcllcrsh Prize. Cecil Vinall. .January, 189G. First Class. itJones, AVilliam Eyerard Tyklesley. Second Class. (In Alphabetical order.) Avmitage, John Henry (B.A.) Chadwiek, Herbert Francis (B.A.) Fairbairn, Andrew ]\rartin (B.A.) Mellor, Harold Porter (15. A.) Pettit, Charle.s Edward Taylor, Claude Philip Eaton Thomas, Herbert George (ZThompson, Vincent (M.A.) Third Class. (In Alphabetical order.) Barnard, Harold Granville (B.A., LL.B.) Barwell, Wilfred Thomas de BerdeweUe Bates, Arthur Clayton, Ronald Percy (B.A.) Constable, Sydney Pearce Davey, Herbert Elsdon, William John Fell, George Edward Hunter Garsed, David Harris, Trevor Edward Hodges, Thomas Bouse Holdsworth, Plarold Abercrombie Jackson, George WiUiam Joseph, Arthur Samuel Josselyn, John Leach, Godfrey (B.A.) Lewis, Martin Barry Neighbour, Thomas Frank Pott, George Stanley (B.A.) Round, Arthur Strange, Herbert Kendall Whittingham, Ferdinand Sam- ford HONOUliS 265 Ape:l, 1896. First Class. (In order of Merit.) JfMiall, Stephen (B.Sc, LL.B.) ] cPlant, George Gosling LAW SOCIETY CLUB A POETION of the Society's Hall is appropriated to the use of a Club, from the rules of which the following is an extract. 1. The Club shall be confined to Members of the Incorporated Law Society, and any member of the Club who shall from any cause cease to he a Member of the Society shall, ipso facto, cease to he a Member of the Club. The Committee, notwithstanding anything to the contrary in these Rules, shall have power, subject to the approbation of a majority of the Members voting at a General Meeting si^ecially called for the purpose, to elect as Honorary Member any person not being a Member of the Incorporated Larv Society, but that the number of such Honorary Members shall not at any time exceed twenty, and that such elec- tion shall be for a period not exceeding tivo years, with power of re-election. 2. Any Member of the Incorporated Law Society desiring to become a Member of the Club shall, on notifying his intention to the Secretary of the Clnb and paying his entrance fee and annual suhscription, become a Member. 3. livery Mcvibcr shall, on his admission, piay Five guineas as entrance fee, and those Members talnng out Town Certificates shall pay an annual suhscription of Six guineas, and those tahing out Country Certificates an, anmtal suhscription of Three guineas. Further information can be obtained on application to Mr. A. Keen, Secretary of the Club. GENERAL INDEX N.B. — Tlie figures within brackets refer to tte paragraphs, the other figures refer to the pages. Abated suits, reviving, for payment of costs [19], p. 118 j: Abroad, taking affidavits [3], p. 155 the legal profession, 62-G4 Accounts of the Society, 85, 86 audit [64], p. 86 inspection [65], p. 86 issue to members [64], p. 86 reopening [65], p. 86 signature by auditors [64], p. 86 by chairman [65], p. 86 submission to meeting for approval [65], p. 8(i Accounts under Solicitors Act, 1860 [20], p. 108 inspection [20], p. 108 Address of the Society, iv. Admiralty, solicitor to; exemptions [47], p. 103 ; [12], p. 121 Admiralty Court, solicitors entitled to practise in, 17 ; [87], p. 118 Admission of solicitors in England, 138, 143 examinations to be passed [5], p. 124 exemption of solicitors to public departments [471, p. 103 fees on [11], p. 138 objections to, 144 procedure, 143 readmission, 144 stamps on, 152 ; [6], p. 163 Admission of English solicitors in the Colonies, 49-59 Admission to the legal profession abroad, 62-64 Affidavits, commissioners for taking, 155 made out of England [3], p. 155 ; [6], p. l.JG ; [2], p. IGl meaning of term ' affidavit ' [11], p. 157 procedure in requiring a solicitor to answer, 141 Agreements for remuneration of solicitors, 114-118, 134 under hand ; preparation of [44], p. 151 AmbassaAyrs ; power to take oaths [6], p. 156 AnniMl certificate ; see ' Kegistrar's Certificate ' T 274 GENEEAL INDEX Annual Oeneral Meeting adjournments [17], p. 78 ; [28], p. 80 amendments to motions [vi.] [vii.], p. 81 business of [15], p. 77 chairman [14], p. 70; [27], p. 79 casting vote [29], p. 80 decision [36], p. 81 date [13], p. 70 ; [13], p. 77 debate, rules of [33], p. 80 decision of questions [29], p. 80 explanations [v.], p. 81 irregularities [38], p. 82 minutes [37], p. 81 motions [16], p. 78 ; [30] [32] [33], p. 80 notice of [14], p. 77 order of proceedings [17], p. 78 place [13], p. 77 previous question [33], p. 80 quorum [26], p. 79 rediscussion [35], p. 81 resolutions ; when binding [34], p. 81 speeches, duration of [33], p. 80 ; [iv.], p. 81 voting [29], p. 80 (See also ' General Meeting ') Annual report of Council [15], p. 77 ; [17], p. 78 Annual subscription of members [5] [6], p. 76 ; [1] [2], p. 88 Appointments open to barristers, 44 barristers and solicitors, 45 solicitors, 48 Articled Clerks certain solicitors not to take [4], p. 94 employment of [12], p. 95 : [10], p. 106 ; [4], p. 119 examinations to be passed [4] [5], p. 124 library, admission to [70], p. 87 ; [3], p. 88 number that solicitor may take, 32 ; [4], p. 94 service of defects in [29], p. 98 duration 5 years [3], p. 94 4 years [5], p. 106 ; [13], p. 127, 173, 174 B years [2] [3] [4], p. 105 ; [15], p. 107 for one year with barrister [6], p. 94 ; [6], p. 106 London agent [6], p. 94 ; [2] [4], p. 105 f [6], p. 106 ; [15], p. 107 summary of regulations as to, 195-6 to solicitor who be^mes bankrupt [5], p. 94 digs [13] p. 95 is clerk to another solicitor [4], p. 94 is struck off rolls [28], p. 97 retires [13], p. 95 tuition, 169-172 GENERAL INDEX 275 Articks of Clerkship expiring in vacation [12], p. 107, ISOn first prescribed, 32 inspection of register [7], p. 137 omission to register [8], p. 137 penalties for not stamping [27], p. 150 registration [7], p. 137, 143 service under, 5 years [3], p. Oi i years [5], p. 106 ; [13], p. 127, 173-74 3 years [2] [3] [4], p. 105 ; [15], p. 107 irregular [15], p. 128 stamps on [26], p. 150, 152 summary of regulations, 195-96 Athinson Prize, 190 Attorney General fiat for proceedings under Solicitors Act, 1860 [2G], p. 110 Attorneys abolition of term, 28 ; [87], p. 118 admission, 29, 31, 32 appointment, 27, 28 construction of term [21], p. 128 formerly members of Inns of Court, 31 origin of term, 27 restriction on numbers admitted, 29, 30 Auditors of the Society casual vacancies [C3], p. 80 election [61], p. 80 names of, 1897-8, vi. nomination [60], p. 80 number [59], p. 86 qualification [59], p. 8G resignation [G2], p. 80 signatures to accounts [64], p. 86 Authentication of rules, certificates, notices, &c., issued by the Society [20], p. 128 Banhruptcy Courts solicitor's right of audience in, 17 Bar, call of solicitors to the, 43 Barrister articled clerk's service with [6], p. 94 ; [6], 106 articles, service under, of person who has been a [3], p. 105 exemption from service under [12], p. 127 intermediate examination, exemption [12], p. 127 preliminary examination, exemption [10], p. 126 public appointments confined to, 44, 45 Belgium, legal profession in, 62 Bermuda, admission in, 49 T 2 276 GENERAL INDEX Bills of Costs delivery [37], p. 90 evidence of [37], p. 101 order for [37], p. 101 of copy [40], p. 102 old law as to, 30, 32 re-taxation [40], p. 102 taxation [37], p. 99 after payment [41] , p. 102 12 months [37], p. 100 verdict [37], p. 100 agreement as to costs [15], p. 118 , costs of [37], p. 100 on application of client [37], p. 99 solicitor [37], p. 99 ; [2], p. 122 trustees [39], p. 101 procedure [43], p. 103 power of taxing officer to refer [42], p. 102 take into account skill, &c. [l>i p. 118 third party [38], p. 101 {See also ' Costs ') Bircliam, Mr. F. T., and the Solicitors Act, 1877, 15 Birmingham Law Society's prizes, 190 Bombay, admission in, 51 British Columbia, admission in, 49 British Guiana, admission in, 50 Broderip Prize, 189 Burtmi, Mr. E. P., and the Solicitors Act, 1877, 13 Bye-laios of Society general meeting may make [12], p. 09 procedure as regards alteration, repeal, A-c. [30] TSl], p. 80 text of, 79-87 Calcutta, admission in, 51 Cavibridge degrees exempting from intermediate [3], p. 154, 192 preliminary [10], p. 120 reducing term of articles [2], p. 105 examinations exempting from intermediate [3], p. 154, 192 preliminary [10], p. 126 reducing term of articles [13], p. 127, 173 Canada, admission in, 50 Cape Colony, admission in, 56 Certificate (Annual), see 'Registrar's Certificate ' Ceylon, admission in, 50 Chairman of Cotincil [32], p. 91 powers and duties of [35], p. 91 GENERAL IXDEX 277 Chairman of General Meetings [14], p. 70 ; [27], p, 79 powers and duties of [17], p. 78; [29] [33], p. 80 ; [85] [3G] [37], p. 81 ; [45], p. 83 ; [65], p. 86 Chanqierti/, agreements tainted with [11], p. 117 Charginr; orders for costs [28], p. Ill Charters of the Society historical, 7, 8 text of Charter of 1843, 65-71 1872, 72-74 to be favourably construed, 71 Classes for instruction of articled clerks institution of, 13 particulars of, 170-71 Clement's Inn Prize, 188, 200 Client, meaning of, in Solicitors Act, 1870 [3], p. 114 Solicitors' Remuneration Act, 1881 [1], p. 132 not to recover costs in ex«ess of those payable by him to his solicitor [5], p. 115 Clifford's Inn Prize, 188, 200 Club, appropriation of rooms for [72], p. 87 extract from rules, 272 secretary, 272 College of Preceptors examination exempting from preliminary [10], p. 126 Colonial solicitors admission in England, 60 stamps on, [6], p. 163 list of colonies and dependencies to which Acts apply, 61 reciuirements prior to admission in England of solicitors who have practised for 7 years in colonies or dependencies in which 5 years' service under articles and examination prior to admis- sion are obligatory, viz. : — affidavit as to residence within jurisdiction of English Court [4], p. 162 ; [1], p. 164 application of Acts to colony, 60 ; [3], p. 162 British nationality [3], p. 162 ; [1], p. 164 certificate of judge [4], p. 162 ; [1], p. 164 additional requirements as regards solicitors who have practised for less than 7 years in such colonies or dependencies : — affidavit as to cessation of practice for 12 months [4], p. 162 examination prior to admission m England [4], p. 162 further requirements as regards solicitors admitted in colonies or dependencies in which service under articles for 5 years and examination prior to admission are not obligatory in all cases : — application of Acts to colony [1], p. 165 examination prior to admission in colony [1], p. 165 practice in colony for 7 years [1], p. 165 Bervioe under articles in colony for 5 years [1], p, 163 278 GENEKAL IXDEX Colonies, admission of English solicitors in, 49-59 Commissioner, perpetual ; see ' Perpetual Commissioner ' Commissioners to administer oaths, 41 ambassadors, consuls, &o. empowered to act as [6], p. 156; [2], p. 161 appointed before January 1, 1890 [13j, p. 157 appointment of [1], p. 155 forgery of signature of [8], p. 156 jurat [5], p. 156 oCfioials empowered to administer oaths in certain cases [2], p. 155 powers of [1], p. 155 ; [1], p. 161 register of [30], p. Ill regulations on applying for commission, 41 using affidavit knowing that commissioner's signature is forged [8], p. 156 Committee, discipline, appointment of [12], p. 138 examination, appointment of [1], p. 175 remuneration in conveyancing, &o. [2], p. 133 special, appointment of [50], p. 84 ; [34], p. 91 Covimon Seal {see ' Seal of Society ') Consuls empowered to take affidavits, &o. [6], p. 156 ; [2], p. 161 Conveyancers^ certificates [22], p. 109 ; [34], p. 112 Conveyancing Acts, originated with the Society, 24 formerly not part of solicitor's business, 34 remuneration [4], p. 133 rule making committee [2], p. 138 questions first set at final, 34 Costs abated suits, revival for payment of [19], p. 118 actions for recovery of [37], p. 99 ; [2], p. 122 agreements between solicitor and client under Solicitors Act, 1870 as affected by bankruptcy [12], p. 117 change of solicitor [14], p. 117 death or incapacity of solicitor [13], p. 117 as affecting amounts recoverable from third persons [5], p. 115 rights of third person [5], p. 115 enforcing [8], p. 115 entered into by committees [10], p. 116 guardians [10], p. 116 trustees [10], p. 116 form of [4], p. 114 reopening after payment [10], p. 116 setting aside [9], p. 116 stipulations excluding negligence [7], p. 115 for payment only in event of success [11], p. 117 to be fair and reasonable [9], p. 116 in writing [4], p. 114 inclusive [6], p. 115 GENERAL INDEX 279 Costs (continued) agreements to what costs applicable [9], p. 135 between solicitor and client under Solicitors' Eemu- neration Act, 1881 as regards disbursements [8], p. 134 enforcing [8], p. 134 form of [8], p. 134 signature [8], p. 134 to be in writing [8], p. 134 to what costs applicable [8], p. 134 charging orders for [28], p. Ill future, security for [16], p. 118 ; [5], p. 134 interest on [27], p. 110 ; [17], p. 118 ; [5], p. 134 (See also ' Bills of Costs ') Council of the Society annual report [15], p. 77 ; [17], p. 78 casual vacancies [48], p. 82 chairman [32], p. 91 committees [50], p. 84 ; [34], p. 91 constitution [8], p. 68, 74 disqualification of member r4e], p. 82 election [8], p. 68; [14], p. 77-; [44], p. 82 ; [45] [46], p. 83 irregularities [38], p. 82 extraordinary members, 74 ; [47], p. 84 examination committee [1], p. 175 first CounoU [9], p. 68 may act on behalf of Society [11], p. 69 ; [50], p. 84 ; [19], p. 128 [17], p. 139 meetings [31] [33], p. 91 minutes [51], p. 85 ; [35], p. 91 motions [37], p. 92 names of, 1897-8, v. number of members [8], p. 68 ; 74 ; [39], p. 82 order of proceedings [35], p. 91 quorum for general purposes [11], p. 69 suspension of member of Council [48], p. 84 Society [11], p. 76 re-election [40], p. 82 regulations, making [50], p. 84 resignations [41], p. 82 "esolutions [11], p. 69 rescinding [36], p. 92 rotation of members [40], p. 82 County Courts, admission in [27], p. 97 unqualified person practising in [2], p. 93 Customs, solicitor of, exemptions [47], p. 103; [12], p. 121 Debate, rules of, at general meetings [33], p. 80 Declaration leading to Eegistrar's certificate [23], p. 96 ; [16], p. 128 ; 130 penalty for making false [43], p. 150 280 GENERAL INDEX Declaration, statutory [11], p. 157 Defects in articles, service, admission, &c. ; striking ofi roll on account of [29], p. 98 Deposit rooms in tbe Society's building, 90-1 Disbursements, interest on [17], p. 118 ; [5], p. 134 Discipline committee under Solicitors Act, 1888 applications to [13], p. 138 appointment of [12], p. 138 power to administer oaths [14], p. 139 sit in divisions [9], p. 143 jirocedure before, 141-3 forms, 145-9 quorum [12], p. 138 report [8], p. 143 Divorce Court, solicitors' right to practise in, 17 ; [87], p. 118 Documents, impounding under Commissioners for Oaths Act [10], p. 157 Drafts on the Society's bankers [38], p. 92. Dublin University 1 Durham University J degrees exempting from intermediate [3], i). 154 ; 192 preliminary [10], p. 126 reducing term of articles [2], p. 105 examinations exempting from preliminary [10], p. 126 reducing term of articles [13], p. 127 ; 173 Ecclesiastical Commissioners, exemption of solicitor [12], p. 121 Ecclesiastical Courts, solicitors' right to practise in, 15, 17 ; [17], p. 128 Education, Society's scheme of tuition, &c., 169 Election of auditors, 86 Council, ordinary members, 68, 82, 83 extraordinary members, 74, 84 irregularity in [38], p. 82 members of Society, 66, 70, 75 President, 68, 74 Vice-president, 68, 74 Examination Committee appointment [1], p. 175 chairman [1], p. 175 casual vacancy [1], p. 175 examiners for intermediate and final [3], p. 175 preliminary examination conducted under committee's super- vision [3], p. 175 Queen's Bench Master [2], p. 175 quorum [1], p. 175 time for appointment of [1], p. 175 notifying books for intermediate [14], p. 173 Examinations application of fees [8], p. 125 fees [8], p. 125; 173 GENERAL INDEX 281 Examinations (continued) history of, 11, 12, 34, 35, 36 number to be held [6], p. 124 Society's powers as to [6], p. 124 making regulations [6], p. 124 regulations, 176-189 Examiners, paid assistant, appointment [4], p. 176 names of, vii. remuneration [5], p. 176 Exemptions of solicitors to public departments [47], p. 103 ; [12], p. 121 summary of as regards the intermediate, 197 final, 197 preliminary, 194 service under articles, 195-6 Extraordinary members of Council election, 74 ; [47], p. 84. names of, 1897-8, vi. not eligible for presidency or vice-presidency, 74 number, 74 ; [47], p. 84 qualification, 74 ; [47], p. 84 time for election [47], p. 84 Fees payable to the Society in respect of admissions [11], p. 138 articles [7], p. 137 commissions to administer oaths [30], p. Ill take acknowledgments [30], p. Ill final examination, 173 honours examination, 188« intermediate examination, 173 legal education classes, 171-2 preliminary examination, 173 registry of properties, &o., 270-1 Fiat of Attorney-General under Solicitors Act, 1860 [26], p. 110 Field, Mr. E. W., and the Koyal Courts, 22 Fiji, admission in, 51 Final Examination certificate [25], p. 181 ; 183 refusal of, appeal [9], p. 126 dates [20], p. 179 defined [4], p. 124 entry for [3], p. 94 ; [1], p. 123 when articles expire in vacation [12], p. 107, ISOn exemptions [47], p. 103 ; [1], p. 164 evidence of [27], p. 181 fees, 173 history of, 11, 33, 34 moral unfitness of candidate [4], p. 124 ; [29], p. 181 notice by candidates [23], p. 180 renewed [26], p. 181 282 GENERAL INDEX " Final Examination (continued) notice by candidates, papers to accompany [23], p. 180 number [6], p. 124 place [21], p. 179 questions, specimens of, 193)1 service questions as to [24], p. 180 ; 185, 186 subjects [22], p. 179 summary of regulations, 197 Fire-proof rooms in Society's building, 90-1 Foreign Countries, legal profession in, 62 France, legal profession in, 62 Germany, legal profession in, 63 General meeting, powers of members in [12], p. 69 [See also " Annual General Meeting," " Special General Meetings ' Hall of the Society hours of opening [4], p. 88 purposes for which it may be used [69] [71], p. 87 Heelis, Stephen, Prize, 190 Holland, legal profession in, 63 Holme, Mr. Bryan, and the foundation of the Society, 2 Hong Kong, admission in, 51 Honours Examination age of candidates immaterial [6], p. 187 arrangement of names of successful candidates [9], p. 188 certificates [9], p. 188 conducted by Examination Committee [3], p. 187 days for [2], p. 187 examiners, assistant, appointment of [4], p. 187 fees, 188)1 institution of, 36 lists, 201-269 marks to be taken into account [6], p. 187 ; [8], p. 188 notice to be given by candidates [7], p. 188 number of [2], p. 187 prizes [11], p. 188; [12], p. 189 publishing names of successful candidates [10], p. 188 regulations, 187-9 specimens of questions, 193)8 summary of regulations, 199 voluntary [2], p. 187 Incorporated Law Society, U.K. address for telegrams, iv. authentication of rules, &c, [20], p. 128 charter of, 1845, 65 1872, 72 commissioners to be registered with [30], p. Ill governing body [8] , p. 68 ; 74 CtENekal index 283 Incorporated Law Society, U.K. (continued) incorporation [1], p. C6 name and style [1], p. 6G objects, 66 penalty to be sued for, in name of [26], p. 110 postal address, iv. powers as to examinations, 124, 164 to hold land [3], p. 67 receive donations [5], p. 68 sell demise, &c. [4], p. 67 sue and be sued fl], p. 66 use Common Seal [2], p. 67 prizes, 189 Eegistrar of Solicitors [21], p. 95 represented by the Council [11], p. 69 ; [50], p. 84 ; [19]. p. 128 [17], p. 139 Boll of Solicitors kept by [5], p. 137 Incorporated Law Society, U.K. (historical) charters, 7, 8 committee of management, 2, 8 Conveyancing Acts, 24 Council, first, 9 deed of settlement, 4 disciplinary work, 15-17 examinations, 11, 12, 33, 34, 35, 36 foundation, 2 haU, 4, 5 Land Charges Eegistration Act, 24 law reform, 22 legal education, 11-13, 33 legislation affecting solicitors, 14-19 library, 6 members, number of, at various dates, 9, 10 Metropolitan and Provincial Law Association, 10 original scheme, 2, 8, 6 parliamentary work, 24 provincial meetings, 10 reconstitution, 8 Eoyal Commissions, 23 Eoyal Courts of Justice, site of, 19-22 secretaries, 3, 15 shareholders, 8 Society of Gentlemen Practisers, 1 Trustee Act, 24 Iiulia, admission in, 51 Inferior Courts, admission in [27], p. 97 Inland Eevenue solicitor, exemptions [47], p. 103 ; [12], p. 121 Inns of Court attorneys formerly members of, 31 examinations instituted by, 13 lectures and law classes, 13, 172 284 GENERAL INDEX Interest on charges and disbursements [27], p.llO ; [17], p. 118 ; [5], ii. 134 on money improperly retained by solicitor [17], p. 118 Intermediate Examination certificate [19], p. 179, 182 dates [12], p. 178 defined [4], p. 124 exemptions [12], p. 127 ; [3], p. 15-i ; 102 fees, 173 history of, 12, 36 notice by candidates [17], p. 178 renewed [26], p. ISl papers to accompany [17], p. 178 number [6], p. 124 period for passing [15] [16], p. 178 place [13], p. 178 questions, specimens of, 193ra service, questions as to [17] [18], p. 179 ; 183, 184 subjects [14], p. 178 summary of regulations, 196-97 Irish solicitors not qualified as ordinary members of Council [8], !>. 68 qualified for membership of Society [1], p. 66 as extraordinary members of Council, 74 Italy, legal profession in, 63 Jamaica, admission in, 52 Judges, jurisdiction over solicitors [19], p. 140 powers of, by whom exercisable [24], p. 135 Jurat, particulars to be contained in [5], p. 150 Justices, solicitors as, 17 Lake, Mr. E. G. and the Solicitors Act, 1888, 15 Land Charges Act, 1888, promoted by Society, 24 Land Transfer Act, 1897. unqualified persons preparing instruments, 39 Laurence Mr. N. T., and the Conveyancing Acts, 24 Law List, evidence of solicitors' right to practise [22], p. 109 Laio Beform, the Society's work in connection with, 22-25 Lectures instituted by the Society, 11, 13 Legal Education history, 11, 13, 34, 35 present scheme, 169-172 Library of the Society, books in, 107 dimensions, 167 history of, 6 regulations, 89 subscription to [3], p, 88 GENERAL INDEX 285 London, City sdlloitoi', exemptions [47], p. 103 London Law Institution, 1 London University degrees exempting from intermediate [3], p. 1S4 ; 192 preliminary [10], p. 126 reducing term ol articles [2], p. 105 examinations exempting from preliminary [10], p. 12(3 reducing term of articles [13], p. 127 ; 173 Mackrell Prize, 189 McMahon Law Scholarship, Cambridge, 200 Manitoba, admission in, 52 Maiigliam, Mr. B., first Secretary to Society, 3 Mellersh prize, 191 Members of the Society disqualification [6], p. 68 election [10], p. 69 ; [2] [3] [4], p. 73 expulsion [12], p. 77 letters left with porters [0], p. 89 notices to [10], p. 76 number, 10 ; 69 place of business to be entered in roll-book [8], p. 70 qualification [1], p. 66 ; [6], p. 68 roll-book [8], p. 76 resignation [7], p. 76 subscription [5] [G], p. 76 ; [1], p. 88 suspension [11], p. 76 use of conference room [5], p. 89 hall [69], p. 87 library [9] [14], p. 89 private boxes [7], p. 89 Metro}iolitan and Provincial Law Association, 10 Minutes, council [51], p. 85 ; [35], p. 91 general meetings [37], p. 81 ; [2], p. 92 hlegligence of solicitor, agreement excluding [7], p. 115 New Inn Prize, 189 New South Wales, admission in, 53 New Zealand, admission in, 63 Norway, legal profession in, 04 Notary, admission stamp, 153 ambassadors, consuls, &c. acting as [6], p. 156 certificates [47], p. 151 ; [48], p. 152 unquaUfied person acting as [43], p. 150 Notices by members auditors, nomination of [GO], p. 8G change of address [8], p. 76 Council motions [36] [37], p. 92 286 GENERAL INDEX Notices by members (continued) Council nominations [44], p. 82 motion at annual general meeting [10], p. 78 special general meeting [18], p. 78 adopted by another member [32], p. 80 president, nomination of [55], p. 85 special general meeting called by members [21], p. 79 Notices to members adjourned meetings [28], p. 80 annual general meeting [14], p. 77 authentication [20], p. 128 bye-laws, repeal or alteration [30], p. 80 service [10], p. 76 special general meeting [18], p. 78 subscription in arrear [6], p. 76 Nova Scotia, admission in, 54 Oath, meaning of [11], p. 157 Office of the Society, hours of opening [19], p. 90 situation of, iv. Officers of the Society, appointment and removal, 87 names of, vi. Official seals, judicial notice of [6], p. 150 Ontario, admission in, 54 Oioens College examination exempting from preliminary, 173 reducing term of articles, 171 Oxford University degrees exempting from intermediate [3], p. 154; 192 preliminary [10], p. 120 reducing term of articles [2], p. 105 examinations exempting from intermediate [3], p. 154 ; 192 preliminary [10], p. 126 reducing term of articles [i:J], p. 127 ; 173 Paine, Sir Thomas, 22 Parker, B.ix'R.Vf., 15,22 Payments, Council orders for [38], p. 92 Penal clauses in various Acts counterfeiting signature of commissioner [8], p. 156 solicitor abetting unqualified person [32], p. 98 making false statements on applying for certificate [431, p. 150 practising without certificate [26], p. 97 ; [12], p. 121 ; [43], p. 150 while in prison [31], p. 98 unqualified person practising in court [32], p. 98 ; [26], p. 110 ; [43], p. 150 preparing instruments, 39 ; [44], p. 151 probate papers [2], p. 132 pretending to be a qualified solicitor [12], p. 121 GENEEAL INDEX 287 PcTpehial Commissicmers applications for commissions, 42 registration of commissions [30], p. Ill fee [30], p. Ill Petty Bag Office abolition, history of, 16 compensation payable by the Society [18], p. 189 roll of soUcitors transferred to the Society [5], p. 137 Poll of Members method of taking [46], p. 83 Post Office solicitor, exemptions [47], p. 103 ; [12], p. 121 Preliminary Examinations certificate [11], p. 178 ; 182 production with articles for registration [28], p. 181 conducted in the country [10], p. 177 dates [6], p. 176 defined [4], p. 124 exemptions, 36 ; [10], p. 126 ; 173, 174 evidence of [27], p. 181 judges' powers as to special [11], p. 127 fees, 173 history of, 35 notice by candidates [9], p. 177 renewed [26], p. 181 number [6], p. 124 places for holding [7], p. 176 questions, specimens of, 193)i subjects [8], p. 177 summary of regulations, 193 President of the Society calling special meeting of Council [33], p. 91 casual vacancy in office [57], p. 85 election [15], p. 77 ; [54], p. 85 ; [50], p. 85 entitled to preside as chairman [27], p. 79 extraordinary member of Council not qualified for, 74 member of rule committee under Solicitors' Eemuneration Act [2], p. 133 nomination [55], p. 85 qualification [8], p. 68 ; [54], p. 85 term of office [54], p. 85 Prizes at the Honours Examination, 188-191. Probate Court, solicitors' right to practise in, 17 ; [87], p. 118 papers, prepared by unqualified person [2], p. 132 Proctors, solicitors entitled to practise as [17], p, 128 titled abolished [87], p. 118 Professional matters, examples of, dealt with by the Society, 18 Provincial Law Societies, definition of, 133 meetings, 10 Public Departments, exemption of solicitors [12], p. 121 ; [43], p. 151 288 GENERAL INDEX Qualified practitioner, defined [12], p. 121 ; [3], p. 132 Queen Anne's Bounty, solicitor to, exemptions [12], p. 121 Queensland, admission in, 55 Qiieen's University, Ireland degrees exempting from preliminary [10], p. 126 reducing term of articles [2], p. 105 examinations exempting from preliminary [10], p. 126 Quorum of (Jouncil [11], p. 69 for suspension of member of Coiiucil [48], p. 84 Society [11], p. 76 discipline committee [12], p. 138 general meeting [26], p. 79 scrutineers [45], p. 83 tieadmission procedure on application for, 144-5 Eeardon Prize, 12, 189, 229 Registrar of Solicitors account of fees [20], p. 108 appearance of, by counsel [10], p. 120 certificates to be issued by [21], p. 95 ; [22] [23], p. 96 duties to be performed by the Society [21], p. 95 fees of [20], p. 108 historical, 14, 34 order for payment of costs of [10], p. 120 power to draw up in default of applicant [11], p. 121 entry on roll of order against solicitor r24\ p. 110; [11], p. 143 title of [14], p. 121 Recjistrar' s certificate authentication of [20], p. 128 Commissioners to furnish particulars [21], p. 108 date [22], p. 109 declaration on applying for [16], p. 128 ; 130 making false [43], p. 150 evidence of holding [22], p. 109 fees [20], p. 108 form of [16], p. 128 ; 129 neglect for 12 months to renew [16], p. 139 one only required in the year [45], p. 151 practising without [20], p. 97 ; [43], p. 150 procedure on application for [22] [23], p. 90 ; [20] p. 108 ; 130 refusal of [24], p. 96 refusal of renewal of, 145 production when stamped after January 1 [211, p. 108 register open to inspection [23], p. 96 stamp duty on [18], p. 107 determining [19], p. 108 rates of, 153 stamping, last day for [22], p. 109 summary of information, 37 GENEEAL INDEX 28i) Registry of properties, Ac, 270-71 Boll-book of members [8], p. 76 Roll of solicitors certified extract from [22], p. 109 custody, 136 ; [5], p. 137 historical, 15, 16 inspection [6],^ p. 137 striking off appearance by Registrar [10], p. 120 committee under Solicitors Act, 1888 [12] [13], p. 138 costs of Registrar [10], p. 120 drawing up order by Registrar [11], p. 121 entry of order [24], p. 110 ; [11], p. 143 forms of application, &c., 145-49 rules for procedure before committee [15], p. 139 ; 141-43 procedure on application for [7] r8] [9], p. 120 ; [12] [13], p. 138 ; 141-43 Royal Courts of Justice, site of efforts of the Society in connection with, 19-22 Royal Commissions, representation of the Society on, 23 Ribles and regulations draft rules under Solicitors' Remuneration Act to be com- municated to the Council [3], p. 133 examinations, 175-189 powers of making as regards attorneys, adopting enactments relating to [14], p. 121 discipline committee, procedure before [15], p. 139 examinations [6], p. 124 intermediate, exemptions [3], p. 154 preliminary, exemptions [10], p. 128 Registrar of Solicitors, duties of [21], p. 95 reducing term of service under articles [5], p. 106 ; [13], p. 127 remuneration of solicitors in non-contentious business [2], p. 133 repeal of, dated November 2, 1875 [14], p. 127 Solicitors Act, 1877, 173-74, 192 Solicitors Act, 1888, 141-49 Solicitors Act, 1894, 192 8t. David's College examination exempting from preliminary, 174 reducing term of articles, 174 Scotch solicitors, admission in England [15], p. 107 Scotch Universities degrees exempting from preliminary [10], p. 126 reducing term of articles [2], p. 105 Scott Scholarship, 189 •290 GENEBAL INDEX Scrutiiieers, appointment [45], p. 83 duties, 84 quorum [45], p. 83 report, 84 Seal of the Society [2], p. 67 affixing [53], p. 85 custody [53], p. 85 ; [39], p. 92 instruments to which seal affixed [53], p. 85 Secretary of the Society appointment [66], p. 87 countersignature of drafts [38], p. 92 first, 3 keys of seal [39], p. 92 meaning of term [1], p. 75 present, vi. signature of rules, notices, &c. [20], p. 128 Security for future costs [16], p. 118; [5], p. 134 Skill, labour and responsibility remuneration having regard to, [18], p. 118 ; [4], p. 134 Society of Gentlemen Practisers, 1 Solicitor abetting unqualified person [32], p. 98 admission, conditions of [3], p. 94 defects in [29], p. 98 in inferior courts [27], p. 97 articled clerks, regulations as to taking [4], p. 94 historical, 28 in prison, prosecuting suits [31], p. 98 jurisdiction over [19], p. 140 officers of the Supreme Court [87], p. 118 qualified for membership of Society [1], p. 66 meaning of [12], p. 121 ; [8], p. 182 unqualified persons acting as [2], p. 93; [32], p. 98; [12], p. 121 South Africa, Cape Colony, admission in, 56 South Australia, admission in, 56 Special General Meeting adjournment [26], p. 79 ; [28], p. 80 amendments to motions [vi.] [vii.], P- 81 business [23], p. 79 calling by Council [18], p. 78 requisitionists [21], p. 79 chairman [14], p. 70 ; [27], p. 79 casting vote [29], p. 80 decision of [36], p. 81 debate, rules of [33], p. 80 decision of questions [29], p. 80 explanations [v.] p. 81 irregularities [38], p. 82 minutes [37], p. 81 motions [18], p. 78; [30] [32], p. 80 notice of [18], p. 78 ; [22], p. 79 place [25], p. 79 GENEEAL INDEX 291 Special General Meeting (continued) previous question [33], p. 80 quorum [26], p. 79 redisoussion [35], p. 81 requisition of members for [19] [20], p. 79 resolutions, when binding [34], p. 81 speeches, duration of [33], p. 80; [iv.], p. 81 voting [29], p. 80 {See also ' General Meeting ') tatuies, text of Colonial Attorneys' Belief Act, 162 Amendment Act, 1874, 164 1884, 165 Commissioners for Oaths Act, 1889, 155 1891, 160 Judicature Act, 1873, s. 87, 118 1875, s. 14, 121 1881, s. 24, 135 Legal Practitioners Act, 1875, 122 1877, 131 Solicitors Act, 1843, 93 1860, 104 1870, 114 1874, 119 1877, 123 1888, 136 1894, 153 Solicitors' Eemuneration Act, 132 Stamp Act, 1891, ss. 26, 27, 43-48, 150 Victoria University Act, 136 Straits Settlements, admission in, 57 Strangers seeing members at the Society's Hall [5], p. 89 Subscription of members [1] [2], p. 88 members' clerks to library [3], p. 88 Summary of information as to admission, 199 articles of clerkship, 195 annual certificate, 37 final examination, 197 honours examination, 199 intermediate examination, 196 preliminary examination, 193 prizes, 200 unqualified persons, 38 Supplemental articles [9], p. 138 stamp on, 152 Surrogate preparing probate papers [2], p. 132 Swear, meaning of [11], p. 157 Sweden, legal profession in, 64 292 GENERAL INDEX Tasmania, admission in, 57 Ten years' clerks [4], p. 105 Timpron Martin Prize, 190 Travers- Smith Scholarships, 189 Treasury solicitor, exemptions [47], p. 103 ; [12], p. 121 Trinidad, admission in, 57 Trustee Act, 1888, promoted by the Society, 24 Tutors for the Society's law classes, 171 United States of America, legal profession in, 62 Unqualified persons, old law as to, 31 practising as a notary public [43], p. 150 solicitor in Court [2], p. 93 ; [32], p. 98 ; [26], p. 110 ; [43], p. 150 preparing instruments relating to real or personal estate [44], p. 1 under Land Transfer Act, 1897, 39 probate papers [2], p. 132 pretending to be a qualified solicitor [12], p. 121 summary of information as to, 38 taking instructions for probate papers [2], p. 132 Vice-President of the Society calling special meeting of Council [33], p. 91 casual vacancy in office [57], p. 85 election [15], p. 77 ; [54], p. 85 ; [56], p. 85 extraordinary member of Council not qualified for 74 nomination [55], p. 85 qualification [8], p. 68 ; [54], p. 85 term of office [54], p. 85 Victoria, admission in, 57 Victoria University degrees exempting from intermediate [3], p 154 ; 192 preliminary [10], p. 126 ; 136 reducing term of articles [2], p. 105 ; 136 examinations exempting from preliminary, 174 reducing term of articles, 174 Voting papers, regulations as to [46], p. 83 West Australia, admission in, 58 Williamson, Mr. E. W., and the Solicitors Act, 1888, 15 Writers to the Signet admission in England [15], p. 107 not qualified as ordinary member of the Council [8], p. 68 qualified for membership of the Society [1], p. 66 as extraordinary members of the Council, 74 Sfollisicoode i- Co. Piiiiters, ycic-slreel (•guure, Loudon. Incorporated Law Society's Handbook— 1898. 293 EQUITY & LAW Life Assurance Society, 18 lilNCOI^N'S INN FIEIiDS, Irtdge—T. Musgrave Francis. Newcastle-upon-Tyne—Hohert R. Dees Canterbury— Cecil Edward Kingsford. I JVorwic/i— Sydney Cozens-Hardy Cor£li#— Thomas Henry Stephens." Noitiiigham— John C. Warren. Chelmaford—C. B, O. Gepp. Oar/ord— Frederic Parker Morrell. Cneltenharti~J. Batten Winterbotham. , Reading— V.'m. Frank Blandy • Cftester— John Cullimore. Salisburi/—B.enry WilUam Cobb. Ctrences/er— Robert Ellett. S/iejRcid— Arthur Wightman. Derby— A. Grimwood Taylor. SIca/ord— Henry A. Peake. Devonport—J. J. Edgcombe Venning. SouViampton— John C. Moberly, M.A. E(M«)o«TOe— Richard George Pidcock. Tunbridge Wells— Frsnik W. Stone. Ea:efer— Henry Wilcocks Hooper. IF/iifchtii;e»— Augustus Helder, M.P. HiiW/ax— Edmund Minson Wavell, J.P. IFblreWtawipton— James E. Underbill Sereford—Hy. Child Beddoe, J. P.*" Worcester— John StaUard." Huddcrs^M— Thomas James Dyson. j 3forfc— Henry John Ware. H»M— Sir James T. Woodhouse, M.P. I * Have served tJie Office of Chairjnaii. Auditors— Uarry C. Niebet, London; Charles P. AVilmer, London; John S. Chappelow F.C.A., London. ' Bankers— XJaiON Bank of London, Chancery Lane Branch. Offices— 9 CLIFFORD*S INN, LONDON, B.C. THIS ASSOCIATION is composed of Solicitors practising (at the time of their admission as Members) in England or Wales. Its objects are : ' To relieve, either by Donations or Annuities, Necessitous Members and their Wives and Families, and the Necessitous Widows and Families of Deceased Members, and In special cases the Parents or Collateral Relations of Deceased Members ; and, secondly, such necessitous persons as are or have bean Attorneys, Solicitors, or Proctors, and have not been Members, and who, in the opinion of the Directors, may be deserving objects, and their Wives and Families ; and the necessitous Widows and Families of deceased Attorneys, Solicitors, and Proctors who were not Members of the Association at the time of their decease.' Solicitors throughout England or Wales are eligible to be Members (subject to the approval of the Board), and are invited to co-operate for the promotion of the Association. A single Payment of TEN GUINEAS constitutes a LIFE MEMBER, and a Subscription of ONE GUINEA a year (paid yearly In advance) an ANNUAL MEMBER. Annual Members may become Life Members by increasing their current year's Subscriptions to the Bom of Ten Guineas. Annual Subscriptions date from the Ist of January or July. Subscriptions or Donations will be gladly received by the Directors or Secretary, and every Information may be obtained at the Offices of the Association. {By order of tlve Board ] JAMES THOMAS SCOTT, Secretary, Members of the Asbocialioii arc dislinrjuishediii tlie Law Liht thus, JJ 308 INCOBPOBATBD LAW SOCIETY'S HANDBOOK— 1898. L AW P ARTNERSHIPS & S tlCCESSJONS. For Introductions to Gentlemen seeking Shares and Practices, or for Vacancies, in Town or Country, apply to J. HARCOURT SMITH The Solicitors' Partnership Agent. LA W COSTS drawn and seWod from papers for taxation or otherwise. BOOKS POSTED&ADDITED&ACCOUNTS PREPARED 63 & 64 CHANCERY LANE, LONDON, W.C. N.B.— Good Mortgage Securities wanted. INFANT ORPHAN ASYLUM, WANSTEAD. Patron: HER MAJESTY THE QUEEN. Bankers : Messrs. WILLIAMS, DEACON & CO. THIS INSTITUTION maintains and educates the Orphans of persons once in prosperity, from their EAKLIEST INFANCY untU Fifteen years of age. It has received 3,234 Fatherless Children already. Sixty were admitted last year. Nearly 600 are in the Asylum now. Elections will be held in May and November this year. Sixty Children will be elected. Forms of Nomination can be obtained at the Office. Nearly the whole of the Yearly Income arises from Voluntary Contributions. Assistance is therefore urgently needed, and will be thankfully acknowledged. LEGACIES form an important item in income. Life Subscription for One Vote » J. Two Votes... Annual Subscription for One Vote .., » ,( Two Votes ... Offioes: 63 Ludgatb Hill, E.C. £5 5 10 10 10 6 1 1 HENRY W. GKEEN Secretary. BOOK— 1898. WATERLOW & SONS, Ltd. inunnu wall. LnNnnN ^ LAW GDARANTEE* TRUST SOCIETY Subseribed Capital, £1,000,000* | Paid-up, £100,000. Reserve Fund, £55,000. Uruetecs. The Hon. Mr. .TurfTiCE Day, The FTon. Mr. Justice Grantham. H)u-cctor0. John HunteUj Esq., Chairman. EiCHD. Pennington, Esq., Vice-Chair- man. E. J. BniSTovv, Esq. John E. Gray Hill, Eeq. Fredk. H. Janson, Esq. BliNJ, G. LAhB, Esq. Sir J. S. MONTEFIORE. Thomas Rawle. Esq. Henry Roscok, Esq. Radclyffr Walters, Esq. WM. WiLLIAWS, Esq. Solicttoi'3, j^'essrs. ToRR, Gribble, Oddeb, & Sinclair. Messr?. Chu.d & Co., 1 Fleet St.. B.C. Bank of Enoland, Law Courts Bran oil. National Provtncial Bank of England, Lt'3 ., Lincoln's Tdti Branch. t^cncral /n>a?)agcr a^^ Secvetarv- Thos. R. Ronald. BsBistant Sccrctarig. Wali-eh s. Bates. FIDELITY &&MRANTEES INCLTTDINI) RKOEIVERS', BANSRUPTf'T TRUSTEES', ADMINISTRATORS', AND LUNACY COMMITTEES' B0Nr>3. MORTGAGE DEBENTURE LICENSE IHSUBANOE. CQNTINGE^QY INSi/RANGE, (Re Dkpticts in Title, Lost DocrMENTS, INEi'^sinq Beneficiauik8. &c.) Trusteeship for Debentore Holders undertaken. TRUSTEESHIPS UNDER WILLS, MARRIAGE SETTLEMENTS, &c. (Without ill terCf ring- t^ith tii'.' ilnties of the Family Solicitor.) Head Office-49 CHANCERY LANE, LONDON, W.C. City Office— 56 MOORGATE STREET, E.G. Branch Offices at Dublin, Edinburj;h, Birmingham, Olusgow, Huddersfleld, Leeds, Liverpool, Manchester, Newcastle-on-Tyne, and Nottingham.