Page images
PDF
EPUB

answer the matters of the affidavit, or such other order as to the court may seem fit.

The court may order the costs 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 application is made or was intended to be made, or partly by the one and partly by the other of them.

11. The registrar may draw up rules and orders not drawn up by the applicants within one week after the order or direction for drawing up the same shall have been made or given.

12. Any person who wilfully and falsely pretends to be or Penalty for takes or uses any name, title, addition, or description implying ing as solicitor.

wrongfully actthat he is duly !qualified to act as a solicitor, or that he is recognised by law as so qualified, shall be guilty of an offence under this Act, and be liable to a penalty not exceeding 101. for each such offence.

No costs, fee, reward, or disbursement on account of or in relation to any act or proceeding done or taken by any person who acts as a solicitor, without being duly qualified so to act, shall be recoverable in any action, suit, or matter by any person or persons whomsoever.

For the purposes of this section, a person shall be deemed to be duly qualified to act as a solicitor if he shall have in force at the time at which he acts as a solicitor a duly stamped certificate authorising him so to do, pursuant to the provisions of the stamp laws and the laws for the time being relating to solicitors, or shall have been appointed to be solicitor of any public department, or if he be a clerk or officer appointed to act for the solicitor for any public department.

Any offence under this Act may be prosecuted before a court of summary jurisdiction, in manner provided by the Summary Jurisdiction Acts. Proviso: Such court, when hearing, trying, determining, and adjudging an information or complaint in respect of an offence under this Act, shall be constituted either of two or more justices of the peace in petty sessions, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace.

The Legal Practitioners Act, 1875.

38 & 39 Vict. c. 79. 2. It shall be lawful for any judge of the superior courts of Power to suo for law and equity to authorise a solicitor to commence an action or client about to

quit England, &c.

costs where

suit for the recovery of his fees, charges, or disbursements against the party chargeable therewith, and also to refer his bill of fees, charges, and disbursements, and the demand of such solicitor thereupon, to be taxed and settled by the proper officer of the court in which such reference shall be made, although one month shall not have expired from the delivery of the bill of fees, charges, or disbursements, on proof to the satisfaction of the said judge that there is probable 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 solicitor in obtaining payment.

Examinations.

The Solicitors Act, 1877.

40 & 41 Vict. c. 25. Certificates to be 5. Subject to the exceptions allowed by this Act, or by reguobtained before admission.

lations made under the authority thereof, a person shall not be admitted as a solicitor unless he has obtained from the Incorporated Law Society, or some person authorised in writing by that society, a certificate or certificates to the effect that he has passed a preliminary, an intermediate, and a final examination.

6. The Incorporated Law Society are to hold a preliminary, an intermediate, and a final examination at least three times in

every year. Examiners, ex 7. The Masters of the Supreme Court] are to be ex officio officio.

examiners for the intermediate and final examinations until the [Lord Chief Justice) and the Master of the Rolls otherwise order; and one of such ex officio examiners shall act in the conduct of every such examination in conjunction with the examiners appointed by the society in pursuance of this Act.

9. Any person who has been refused a certificate of having passed an intermediate or final 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, may, within one month next after such refusal, appeal by petition to the Master of the Rolls against such refusal, such petition to be presented subject to such regulations as he may from time to time direct. [Here follow provisions as to procedure until the Master of the Rolls otherwise directs.] On the hearing of any such petition, the Master of the Rolls may make such order as to him may seem meet; and where a person who has been refused a certificate of having passed bis final examination on such appeal, obtains an order for his admission, such order shall entitle him to a certificate from the Incorporated Law

Refusal of certi ficate.

examination.

where service

Society of his fitness and capacity to act as a solicitor as if he had passed his final examination.

10. Persons who have passed certain examinations (as men- Preliminary tioned fully in this section of the Act) need not pass the preliminary examination.

11. As to power of judges to grant special exemptions from the preliminary examination.

12. As to exemption of certain barristers from the intermediate Barristers. examination.

13. As to making regulations for admission in certain cases after four years' service.

15. Where any person articled to a solicitor has not served as Admission a clerk under such articles strictly within the provisions of the

irregular. Solicitors Act, 1843, and the Solicitors Act, 1860, and any Act amending the same, but subsequently to the execution of his articles bonâ 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 certificates as required by this Act, the Master of the Rolls may, in his discretion, if he is satisfied that such irregular service was occasioned by accident, mistake, or some other sufficient cause, and that such service, although irregular, was substantially equivalent to a regular service, admit such person to be a solicitor as if the service had been regular. 17. Solicitors may practise in ecclesiastical courts, and matters Solicitors may

act as proctors. relating to applications to obtain notarial faculties, and generally shall have the rights and privileges, and may fulfil all the functions of proctors.

18. Commissioners for taking oaths in the Supreme Court of Oaths in eccleJudicature in England may take oaths in the ecclesiastical courts, or matters ecclesiastical in England, or matters relating to application for notarial faculties. 21. All enactments relating to attorneys shall be construed as “ Solicitor".

substituted for if the expression “solicitor” of the Supreme Court were substi- " attorney." tuted for the expression “attorney.'

siastical courts.

The Legal Practitioners Act, 1877.

40 & 41 Vict. c. 62. 2. Any surrogate or other person not being a qualified practi- Preparation of tioner, who, for or in expectation of any fee, gain, or reward probate papers. either directly or as the agent of any other person, whether a qualified practitioner or not, takes instructions for, or draws, or prepares any papers on which to found or oppose a grant of probate or of letters of administration, shall be guilty of an offence within the meaning of the twelfth section of the Solicitors Act,

A A

1874; but nothing in this section contained shall be construed to affect any remedy against any such person under any other Act or Acts.

3. The term “qualified practitioner” in this Act means and includes any serjeant-at-law, barrister-at-law, certificated solicitor, proctor, notary public, certificated conveyancer, special pleader, or draughtsman in equity.

Solicitors' Remuneration Act, 1881.

44 & 45 VICT. C. 44. 2. Power to make general orders for the remuneration of solicitors in respect of conveyancing matters, and in respect of other business, not being business in any action, or transacted in any court, or in the chambers of any judge or master, and not being otherwise contentious business.

Agreements. Power for soli- 8. (1.) With respect to any business to which the foregoing citor and client to agree on form provisions of this Act relate, whether any General Order under and amount of this Act is in operation or not, it shall be competent for a remuneration.

solicitor to make an agreement with his client, and for a client 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 gross 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.

(3.) The agreement may, if the solicitor and the client think fit, be made on 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, under any order for taxation of costs, such agreement being relied upon by the solicitor shall be objected to by the client as unfair or unreasonable, 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 orders into effect, or otherwise consequential thereon, as to the court or judge may seem fit.

9. The Solicitors Act, 1870, shall not apply to any business 33 & 34 Vict.c. 28. to which this Act relates.

.

.

SUCCESSION DUTY.
The Succession Duty Act, 1853.

16 & 17 VICT. 0. 51. 1. “Real property ” shall include freehold, copyhold, lease- Interpretation of hold, and other hereditaments, whether corporeal or incorporeal, terms. and all estates therein.

“Personal property” shall not include leaseholds, but shall include all property not comprised in the term “real property."

“Property” shall include real property and personal property.

“ Person shall include a body corporate, company, and society.

2. Every past or future disposition of property, whereby any What disposiperson has or shall become beneficially entitled to any property, tions of property or the income thereof, on the death of any person dying after shall conser the commencement of this Act (a), either immediately, or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation (b), and every devolution by law of any beneficial interest in property, or the income thereof, upon the death of any person dying after the commencement of the Act, to any other person in possession or expectancy, shall be deemed to have conferred, or to confer, on the person entitled by reason of any such disposition or devolution, a “succession," and the term "successor” shall denote the person so entitled, and the term “predecessor "shall denote the settlor, testator, obligor, ancestor, or other person from whom the succession is derived.

3. Where any persons shall, after the commencement of this Joint tenants. Act, have any property vested in them jointly by any title not conferring on them a succession, any beneficial interest in such property accruing to any of them by survivorship, shall be deemed to be a succession.

Where any persons, after the commencement, &c., shall take

(a) 19th May, 1853.

(6) This section includes powers of appointment: (Re Lovelace, 4 De G. & J. 340; Re Payton, 7 H. & Nor. 265.)

« PreviousContinue »