VICTORIAE REGINB.

V I C T O R I A E R E G I N B .

. I . - . S

By lfi i r ~ c u l l a n y G ~ o n o a Onxr fiqtrire # o u ~ r l ~ o r and Cornnznd8r-in-

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L l i q of Her Mnjbdy98 Prwincs of Sotrth Awalrli. W J ~ ilr Depcndmcirr ? ,

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^and IGce-drln&d

of

the snms by a d with ths advice and consmt of f h

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1 l Lcgislaliva Council. . . ,

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AN ORDINANCE

to ReguZatc the Profarsion

of

the Law in

Sout /L Aztstralia.

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WHEREAS

^{it is desirable} to restrain unqualified

perkm

^from

.

^{i . A .}

practising

thc

Profession of the Law : ^l

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B E

^{IT THEREFORE}

ENACTED

BY

HIS EXCELLENCY h.

^GOVERNOR

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_{of South} Australia with tlic advice and c o ~ ~ s e n t of

the

hgislntivc ^{* * < , ! ; . "' ::}

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, Council thercof

Thai

after the passing of this Ordinance no person xo

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^{I' C + .. l *}

shall bc qualified to practise the Profession of thc ILLW in this Pro- ^{mitted the law in unless the SW ad-} . ^*

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vince unless hc shall have bccn duly admittcd and enrolled as p pwme coun. ^{. t} a "

Barrister Attorney Solicitor or Proctor in the Snpreme Court and Pe"lt~ b .:*) S ,b. '

whomever .hall

in

his own name or

ⁱⁿ

the name of any

other ^{' I}

F-

t. son sue out

any

writ or process

or

commence prosccnte or

de end

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:

any

action or suit or any 'proceeding in the Supmmc Court or4 any _.i ^I _' ^{Z !} Court in this Pmvince for or in expectation

of any gain

fee or re-

ward without

being admitted

and

enrolled

as nforeenid and whom

ever shall for or in cxpcotation

of

any gain fee

or reward

directly br

^{b * # :}

indirectly . ^a

I . > ?

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, indirectly draw or pcpnre any conveyance lcase or other dcd relating to any real or personal estate or any proceedings in Law or Equity without being so admitted and enrolled shall for every such

offence forfeit and pay the sum of fifty pounds to be sued for and recovered by action of debt hi the'Supreme Court one moiety of which pcnalty when recovered shall go to the person who will sur for such penaIty for his own use and the other moiety thereof shall be paid to the Colonial Treasurer to be applied to the use of I-Im hlajesty her heirs and successors,

... ..

Practitioncn nllow- 11. And bc it cmcted that if any ildmittcd Practitioner shall

ing i~nq~~nlificd pcr-

sons to prnctice in knowingly and wilfully permit or allow any person not bcing such

their m m c directly an admittecl Practitioner in his name to sue out any writ or process

or indirectly liable to

.bastmckoKthcrolls, or commence prosecute or defend any action or other proceeding in

and s l l c ~ l l l w a J f i e d any Court ill this Pmvince or if any snch admitted Practitioner

persons to bo , com-

mitt& to not shall act as Agent for any pcrson not being an admitted Practitioner

exced'p one or permit his name to be in any manncr made use of upon tlie ac- count or for the profit of any unqualified person thereby to enable him indirectly to act as s Bnrristei Attorney Solicitor or Proctor knowing him not to be duly qualified as aforesaid and complaint shall be made thereof in a summnl:y way to the Supreme Court then

, proof being made of such offence upon oath to the antisfaction of the said Court cvcry such Practitioner shall be struck off the rolls and be for evcr aftcr disabled from practising and upon snch corn- plaint and proof as aforesaid it shall and nmy be lawful for the said Court to commit any awll rrnqudificd pprson so ncting nnd prac tising as nforcsnicl to tlie Dcbtors' Prison for any time not exceeding one ycar.

Not ^lo apply to 111. Provided always that nothing hereinbefore contained shall

sons practicing Ly

r i m o o r a cenificako be decmcd to extend or apply to persons practising by virtue of a

P nnmination certificate upon examination signed by the Judge Advocntc-General

signed by tho ~ u d ~ e j

Adrautc-Gmanl a and crown Solicitor for the time being of their bcing sufficiently

ctOm S o I i c i ~ nor qualified to practise nor to persons acting only as Law-stationers or

to Clcrka. Law S t p

tioners, &C. i as Clcrks nor to persons employed solely to copy or engross my :. deed nor to prevent

m y

Notary Bublic from practising as such and

I ^' l doing

all

acts which to tlle office of Notary Public properly belong

, nor to prevent any pcrson from dmwing or preparing any will or

'

other tcstnmcntary papers.

l I

D c c l ~ ~ i w p0w.r

d IV. And

wvherens it is desirable tlint no _doubt should mist ns to

G ~ r t In tnx C D B ~ in

~ o n v c ~ ~ n o i n ~ ~ r . l l t l l e

power

of

the Boprcrnc

Court to

tarn the

costs of m y

ndmitte(1,

mOthcrlawb~in~~'Pra~titioner thereof for busincss done by

him

in his prof&sionaf

and to punhh fm ir.

,

regutaririliq, clmracter

or

as

to

the power of the said Court to punish any ad*

hittcd Prnctitionei tl~crrof for misconduct

in

any rnntter of business

l G ,

9 trusted to him in hie psofessional charnctcr nltl~ough no pwt of

I such

\ ,

such 1 suit o

in e ~ t

r!oyq?l

wse ^1:

rcasol

&hcS costa of tc?:

tcrini

finttc

nliscc there in re{

in rni nt

L

v.

men(

char1 Equi after ties 1

or la signt V!

be

ir

.

COUI

son 1

Advc Pro( v

or b(

whit in tl y roa to tt

Pou day

1

and

nam men ceec

expl

l

I such business may in kither case arise out of or relate to

any

action suit or proceeding at Law or in Equity be it therefore enacted that in every case where an admitted Practitioner shall have been em-

$eyed- to draw or prepare any deed of conveyance or to do or ad- vise in any matter of business for fee or reward by virtue or by reason of his being such admitted Practitioner it shall be lawful for the Supl~me Court or for any Judge thereof to cause the bill of

* costs for such nlntter of business to be taxed in the usual manner of taxing costs in the said Court and also to enquire into and de- termine any complaint against such Practitioner arising out of such n;atter of business and to punish hiin in a su~nmary mmncr for any misconduct therein and to exercise the like jurisdiction -in relation thereto in all rcspccts as the said Court may now la~vfully exercise in regard to thc conduct of Practitioners and to their bills of costs in matters relating to or arising out of any action suit or proceeding at Law or in Eqnit,y.

V. And be it enacted that no admitted Practitioilcr shall corn- ^{NO action by aprec-} mence or maintain any action or suit for the recovery of any fees ^{tion titioncr or until one expira- month} charges or disbursemei~ts either for business done at Law or in aner bill dclitered

Eauitv

or otherwise until thc expiration of one month or more ^{signcd with his hand.}

afkr &h Practitiolw sllall h w e delivered unto the party or par- ties to be charged therewith or left at his or their dyelling-house or last place of i~bodc a bill of such fees charges or disbi~rse~nentn signcd with tllc propcr lialld of snch Pmctitioner.

VI. And bc it cuactcd that l\ntkX the term 'cPractitioncr" shall Dcfittition of brm

be included any person admittcd and enrolled in the Supreme P'wtitioncr*

Court as a Barrister Attorncy Solicitor or Proctor and every per- son practising by virtue of such certificate signed by the Judge Advocate-General and Crown Solicitor as aforesaid.

VII. And be it further cnacted that every Attorney Solicitor Attornics, &C., ta be

Proctor and Notary practising ^as s w h within tlie Ptovince shall on certificates.

or before tlie First day of January in evcry y car take out a certificate which certificate the Collector of Internal Revenuc 'or other officer in that I~clialf appointed by the Governor shall grant and issue o t ~ proof of the adinission and enrolilleilt of the applicant according to the provisioiis lleredf on payment of tlw nonrial sum of Five Pounds and every s ~ ~ c l l certificate ~ 1 1 ~ 1 1 bear date the said First

day

of J ~ n u n r y

and

slid1 rcmain in force for aile

year thereafter

l

and

no louger

ancl

wllusocvcr shall

in his

own

name or in the

name of any other person sue out any writ or process or

com-

mence

prosecute

carry on or defend any action or suit or any pro- ceedings a5

an

Attorney Solicitor Proctor

or

Notary for or in expectation

of ally

^{p i i n}

fee or

reward without

having

obtained such.

4

. certificate shall for every such offence forfeit and pay the sum Fifty Pounds to be sued for recovereci and applied as aforesai(1

h and shall be and is

hereby

made incapable to maintain or pro^.

cute any action or spit for. the recovery of any fee rewarcl or

.- disbursements on account of any such action suit or proceedi~ig.

GEORGE GREY,

. crnor and C o n l m a n d e n - h i

I -

, & Passed in the Legidatice C

,

this Y1hirteenth

day of Norember, 1843.

W. L. O'HALLORAN,

Clerk of Council.

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ADELAIDE :

Arehibald Mrdorpdl, Oer.nmtmt P h i e r , Rsdlr*rtrrrL