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FhotDgraphic
Sciences
Corporalion
23 WIST MAIN STREET
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32X
THE
RULES AND REGULATIONS
OK
THE NOVA SOOTIA BARRISTERS' SOCIETY
Passed on the 3rcl day of July, 1899,
AM)
TIIF. r.AHKlNTK. • AND SOLICITOKS ACT. \m.
Wl'}
W
w
HALIFAX, N. S. :
Holloway Bkos., T'rintehs f)0 & 71 Oranviixb Street,
1899.
1^
m
th::!]
RULES AND REGULATIONS
UK
THE NOVA SCOTIA BARRISTERS' SOCIETY,
Passed on the 3rd day of July, 1899,
AND
THK HAHKISTEHS AND SOIJdTOllS' ACT. ISD'.I.
: ,, i
■
HALIFAX, N. S. :
HoLLOWAv Bkos., Printeus »)!) & 71 Okanvillk Strekt,
181)9.
The Nova Scotia Barristers' Socfety.
COUNCIL
A'.< ■ojfii'iu,
Tim: ATTuhvK.vfJKSKiui, u» Xova S.«Kri,*.
KtirUil for l/ir ijmr IS'JH-'J :
Rmhekt L. IJoKl.f.v. g, C, P,-t»i,hnt.
AkTHI R DhYSI.aI.F., (^. C, Vufl'rfxhUHt.
C. S. H.\KKrM.T<>N. (f, (".
FtoBT. K. H.»Khls. (,». c.
F. T. CiiMMtON.
H. Mkm.isii.
1). M. Nkil.
H. A. \VksT(is, TifHHurfr.
SECRETARY.
W.M. I!. Foster.
LIBRARIAN.
K. C. SWANSON.
T
all
oil
A(
ih
lik
of
to
Se
Co
till
THE RULES & REGULATIONS
or
THE NOVA SCOTIA BARRISTERS' SOCIETY,
PASSED JULY 3rd. 1899.
By the Cnuijril of thts Nova Scotia I'linisters' Society under
iiiul l»y virt»!»» of "Tho I'xirristers iin<l Solioitor-t Act, 181>9," it is
otdaiued ns follows : —
IXTKHI'UKTATION.
1. Softinij 1 CI) of th«! "Act to amend und consolidato the
ActH rLduliii;,' to IJiiriiatuis and Solicitors " l<i'in<< Chui)tt'r 27 of
thy Acts of 18'.>0, shall so fur a^ material and applicalde Ihj con-
si'lored iih apiilyiiii,' to the Iliilus and Ucgulatioiis of the Society in
like manner as if expressly incorporated therewith.
SKAT OF TIIK SOCIETY.
2. The permanent seat of the Society shall bo in tlie City
of Halifax.
SKAL.
;i. The Seal of the Society heretofore in use shall continue
to bo the Seal of the Society.
4. The custody of the Seal of the Society shall be in the
Treasurer, who shall countersign every instrument to which the
Seal is affixed.
MEETINGS.
6. The Annual meeting of the Society shall be held at such
place and time in the month of February in each year as the
Council Hxes,
G. Special meetings of the Society may be called at any
time by the Council.
Wl
KiiMViT MiVi'ii iim'IiiIm'ih of th« Socjftv HIr with th«
SteMtniy uui'wv ill wiitiii'^ {••i|iiiriii;; ii iii)>Mtiii<4 of tin* S'M'ii>ty to
1m> I'ltUi'il anil Htiitiiiu the oltifct nf Miicli iiii>(<tiii^ tint CoMuil nIiuU
mil u N)H>i-iiil iiicftiiim.
8. Notici) of any iiiiM>tiit^ of tlu; Six^irty >hiill )>• lufllciunlly
j^ivpii if the «*uiii«' i^ |>nlilisln'tl l>y tJiivn in«t»'rtions in mch of two
(liiily nininin<^» ni'\vs|».ijifr-. |iiiMi>li('i| In the City of lluhhix, thn
lliHt ins«'iii(tii Id lif iiul IfsH thiiii li'ii iliiys la-fniv ihu tiny nf such
iiuM'tinj^.
'.>. At each iiif't'tiii',' of thi' Sficifty thf Mimilfs of thi' jtvovi-
oiiH iiii'ftinu' xhiill \n: icmi, ami iiftci' Itoiiij^ uiiproved .sliull he si^nud
hy tho rri'>Hi(l»'iit.
in. The onliT of jiid('i'(Mlin',»s nt the oidinury niMftings of
tin' SiHMfty '^liall unless oilu'j wist' (lecitii'cl i>y u vote of tin- meet-
ing he an follows :
(ft) Rcuiling the Minutes of the last tnct'ting.
(/>) Jfeceivinj,' and considerinj^' reports of the C'(juncil,
Treasurer and Liluarian.
{<•) lieoeivinu and considering IJeports of Cojumittees.
(d) Klet'tion of < )nii'ers.
(e) Any other husiness.
11. After any ([ucstiou is put to the meeting,' no further
<lehate on the ijut'stion shall l»e allowed, and the yeas and nays
shall he recorded at the retniest of any two inemhers of the
Society.
12. Meetings f»f the Council may he called at any time hy
three momhers (»f the Council or by the President, or in hia
al)sence hy the Vice-President.
13. Whenever re<juested by any two members of the
Council or by any three members of the Society by notice in
writini,' signe<l by them and stating the object of the meeting, the
President, or in his absence the Vice-President, shall call a meet-
ing of the Council.
14. It sliiill n«it Ito iH'CPMnry in nny nniico caWinn n »»«'ct-
inj,' (»l ilif Cfiuiit'il to stiitf tin' uliit'ct tlifit'Mf*, iitili'HH till' nu'('tiii({
in cullud 111 puraiuuicu u( tliti ttcM pruiciliiii^ ifctiuii.
ir». N<itic«« of any int'«'liii'^' *>f tlir <*uiiiicil hIiuII hv «iinici»'Ut«
ly ^ivcii if till' Niiti'.c is iiiiiiJtMl |iM><tii^i' |irr|>aiil to, m i|t>livi<rt')i ut
tliu iiHiiitl Itiisiiif^H mitlrt'NH i>f rviiy iiumiiIh'I ut the Council.
t»'t. Till' prnci'cdinyH of tlw (.'ounci! «}iiill !)•» condiictod an
nearly as tnav Ih! aitroidin^ to thf ordinal y {lailiuniuntiuy iriodc.
17. Tliu ri'i'sidfiit hIiiiII |ii*'si<Ii) an cliainiian al uU nM'(>tin^<(
of till' Socii'ty and of llir Cmiiicil and in liis hImi'iu'i' thf Vine.
I'li'sidi'iit and in tin; alismci' of Itotli tin* senior |{arii<'ti'r |.rt's»'nt,
will* in a tininlH'r o\' tla- (jouncil. sliall \ni cliairnian.
THK SKClIKTAIiY.
18. In addition tu the duties ))rescrilit'd by Statute the
Secretary nhall :
(a) Att(!nd all nit clings of the Society and of the
(.'ounctil.
(h) Keep the minutes of the proceeding's of the Society
anil of the (.'ouncil with proper indices t'r.ereto.
(o) f'omluot all necessary co'irespondence.
(d) Safely keep the records and all docuin«!nts of the
Society and of the Council.
(e) Perform all other services inciileiital to the office or
that nuiv he ussiyned to him l»v the liules of the
Society or by the Council.
19. The Secretary shall bo ))aid a salary of one hup''red
dollars per annum, or such other salary as shall be voted to him
by the Society at any annual meetinj.;.
TllK TKKASUltEIl.
20. In addition to the duties prescriited by Statute i.h'i
Treasurer shall :
(a) iJeceive nil monies payable to the Society and hold
the same .«ul)jcct to the order of the Council.
(h) Ktej* projjer books of account in which shall be
enteroil all monies received and i)aid out by him
for the Society.
(f) Make a report at every annual meeting to the
Society, and whenever n'fjuired to the Council,
showing all tiionies received and paid out by
him during the year.
(J) Perform all other services incidental to the office or
that may be assigned to him by the liules of the
Society or by the Council.
(6') Safely keep the records and all documents of the
Society and Council relating to his office.
21. The Treasurer for the time being may be required to
give security by bond of some guarantee company to the Society
to such amount as the Council from time to time requires for the
due performance of the duties of his office, the Society to pay the
premium therefor.
22. The Union Bank of Halifax, or other Chartered Bank,
duly authorized by the Council, shall be the Bank of deposit and
account for the Society, and the Treasurer shall from time to time
deposit therein to the credit of the Society all monies received for
and on account of the Society.
23. All monies of the said Society deposited in the said
Bank when required for the purposes of the said Society shall be
drawn and ])aid out upon a che(iue signed by the Treasurer and
countersigned by one member of the Council.
24.
25.
LIBRABY.
The Librarian shp'^ :
(a) Have the immediate and general charge of the
Library under the superintendence of the Council.
(h) Keep an account of all monies received by him
belonging to the Society, and pay the same to
the Treasurer forthwith.
The Council shall have the general supervision and
management of the Library and shall purchase such books there-
for as it deems advisable.
shall be
It hy hiiji
g to the
Council.
out by
office or
Bs of the
! of the
lired to
Society
for the
3ay the
Kank,
sit and
3 time
ed for
said
^n be
I' and
the
icil,
lini
} to
md
le-
9
20. The Lil>rary shall be kept open daily fexceid as herein-
after mentioned) from 9 a. m. until '< j). in., between Se])temV)er
15th and July l.'th, and from a. m. to 4 p. m. between -hily loth
and September l.~»th or until the Court rises, it' sitting after either
of the al)ove bours.
27. Th(i Liln-ary shall be closed on Sunday, New Year's
Day, Good Friday, Her Majesty's Birthday, Dominion Day,
Christmas Day, and any other day set apart by public proclama-
tion as a holiday, and on Saturday after 1 p. m., except when the
Supreme Court or County Court is sitting.
28. No conversation shall be carried on in the Library.
29. No person shall deposit his hat, overcoat or umlirella in
the Library.
30. All books taken out of the Library for use in Court or
Chambers must be signed for in the register and must be returned
the same day by the person taking the same.
31. Any person taking any books from the Library without
signing his name for same or failing to return same as hereinbefore
directed shall be liable to forfeit the right to use the Library.
32. Persons entitled to the use of the Lil)rary may take out
a:iy books, other than reports, at the closing hour of the Library,
on signing a memorandum, with the name or names of tlie
volume or volumes thereon, and leaving the same with the
Librarian ; such books to be returned at the opening of the
Library the following day. Any person in any way violating this
rule shall ]iiiy to the Society a fine of fifty ceni < "'xsides fifty
cents for each day that any volume is ke\)t out; ami if any
volume be not returned aft<;r six days' notice by the Librarian, the
value of the volume, or if it be one of a set, thv3 value of the
whole set shall be required to be paid, the value to be estimated
according to the cost of importation. Any person not complying
with this rule shall be excluded from the Library.
33. The use of the Library shall be restricted to members,
and to their students, who have received from the Barrister with
whom they are studying, a written permission for the use thereof,
to be filed with the Librarian, and to the Judges of the Supreme
Court and County Court,
10
.'H. There sliall l»e annually devoted to tlie I 'iw Libiary,
for the ])nrchase of hooks, as much money as can he spared from
the funds of tlu; Scjoiety.
.')■). It shall he the duty of the Tjhrarian to report to the
Council any infringement of the Regulations regarding the Lbrary.
rRKLIMTXAKV EXAMINATION.
(189» Clip. 27, .Secti"n« 9, IH. (.S).
"0. (1) The Preliminary Examination prescribed l»y the
Council shall be on the isutijects following :
(«) Latin. — Translation, (Irnmiiiar nnd Comi)osition,
Authors, (,"a'sai', De Bell, da 1 1., liooks V. and
YI., A'irgil, Atneid, Vumkn III. For Virgil, the
Caikdidate may substitute the Institutes of
Justinian, Book I.
(/>) GuEKK. — Tianslation, (Irammar and Composition.
Authors, Xenophon, An<ih., Books I, II and III.
Or,-
FliRNcn. — Translation Grammar and Composition,
Authors, Voltaire, Charles XII, Scuvesthe :
Un PhiloHophe sous les toils. To translate
easy authors or newspapers at sight.
Or,-
Gehman. — Translation, Grammar and Composition,
Adlor's German Reader. To translate easy
German at sight.
((.) Mathematics. — Arithmetic as in Hamblin's
Smith's : Algel)ra, as in Todhunter's Algebra
for beginners : Creometry, Euclid, Books I, II,
III and IV, with easy exercises.
(d) En(tLI.sh. — Grammar, Analysis and Composition, as
in Nova Scotia prescribed Text Books for the
Public Schools. Critical study of Shakespeare's
play, Handet (Rolfe's editioi. recommended.)
' Library,
Hred from
'>y the
11
(c) HisTOKY AND ( r jiotjRAi'HY. — IJrilisli niid Canadian
History, as in Nova Scotia prescribed Text
])Ooks for the Public Schotjls : General (Jeogra-
phy, as in the prescribed Text Books, Calkins.
(2). Any person who :
{a) Holds the deyree of Bachelor of Arts of any
College or Tniversity in (Jreat Britain or Ireland
or in any Province of Canada empowered to
grant such degree, or
(J)) Holds a Grade " A " License from the Council of
Public Instruction for the Province of Nova
Scotia, and
((•) Who files a satisfactory certificate with the Secretary
that he holds such degree or license as the case
may be
Shall be deemed to have passed such examination or examinations
as are accepted in lieu of the preliminary examination and shall
not be required to pass the same.
INTERMEDIATE EXAMINATION :
37. (1). The Intermediate Examination prescribed by the
Council shall be on the subjects following :
(tt) Stephen's Commentaries or, Broom and Hadley's
Commentaries.
(/>) Smith's Princii)les of Equity.
(c) Anson on Contiacts.
((?) Bigelow on Torts (Students Series).
(e) Creasy on the rise and progress of the English
Constitution, with questions on the text of the
B. N. A. Act.
(2). No Candidate shall be admitted to an intermediate
examination unless he has served as a duly articled clerk for at
least one year.
12
('0 Has ^•H.s,so,lsu(■(;es^f„lIv^,.
L»«' Sol,o„l Cnricl „ for ii.l"- ■""''•r" "' "«
*^JNAL EXAMLVATIOy.
''""'■^o'on trie .fyooirlllo^w;;^';""™ '"■'-'■''-' ^y the Co.,„ei,
(«) I'>,„ity .Tmisprmlence
W ftocedn.e „„d J.;v,„o„ce. °"^ ""'' ""■-«'"('•
('0 C'onstit„ti„„„i U,y „„,, „. ,
^'■««»-,.i«,u',, Case., :TI,A'7\ f /"8'»»<1.
P.evii^^,iy 1° ;;tZ;"'"" '^^^ "''""««' '0 the final „ • .
article. '»■'' -^ month, of hi., te'rorL^tr^S
rk^t^eJrj™ft^/o;:fi"a,e..a„,^
-s^t::;rrsi£H^^^^^^^
't'on .shall
nation file
" rt3sj)ect8
311.
^ftlhousie
ts of the
^ear, and
-I'tificate
as are
not be
'ouncil
mnce,
I'sJiip.
-lang-
land.
ition
ssed
ions
;ion
der
tie
he
ed
18
(5.) No certificate of havin<,' passed the final examination
shall be j^ranted to any jjerson nntil the term of service rc(|nired
for his admission to the bur has fully expired.
(6). Any person who
(a) Holds the decree of Bachchir of Laws from I)al-
h(jnsie University, Halifax, and
(/') Files with the Secretary a satisfactory certificate
that he holds such a dei^ree,
shall be deemed to have ]tassed such examination or exanunations
as are accei)tcd in lien of the final examination and shall not l)o
retiuired to pass the same, but no motion shall be made for his
admission to the bar until such term of service has fully ex[)ired.
GENEKAL PROVISIOXS AS TO EXAMINATIONS.
39. (1). All examinations shall be by written or printed
questions to bo answered in writing.
(2). Examinations shall be conducted by an examiner or
examiners appointed l)y the Council and shall be held on the
tlrird Tuesday in February and on the first Tuesday in September
in each year, at the County Court House in the City of Halifax
or at such other place as the Council may designate. Such
examinations shall commence at ten o'clock in the forenoon and
may be continued from day to day if necessary.
(3). Every Candidate shall notify the Secretary of the
Examination at which ho intends to present himself and pay to
the Treasurer the proscribed fees at least one week before the date
fixed for such examination.
(4.) At the conclusion of every examination the examiners
shall deliver to the Secretary ■'■ report showing the per centage
made by each Candidate in each subject of the number of marks
which would be awarded to perfect answers.
(5). The Council shal" grant certificates signed by the
President and Secretary to successful candidates who are entitled
to the same but the Council shall not grant a certificate to any
candidate who has obtained less than twenty-five per cent in any
one subject or less than an average of fifty per cent, on all the
subjects of the examination.
Ill
14
ADMISSION OF llAKUISTKUS AND SOUCITOKS.
40. No |»(!rs()ii ahiiW lie iiiliiniUMl as a Barrister or Solicitor
of tlu! Sujtrt'mt! Court milnss he lias uassed the reqniroil oxatnina-
tioiis, paid th(f |)rescril)(!(l foc^*, lik'd the r(Miiiisit(3 ccirtiticatca, and
in ail other rcsiiccts cotniilii'tl with the Statutes, and the Kulesand
Kej^ulations ui' the Society.
41. It >shall be the duty of the ] 'resident, and in his absence
of the Vice-President, to iiii[uire into the re<,'uliirity of evtfry
admission to the oilioo of Uarristcr or Solicitor, and to juuard against
and o|t|)ose in the natn(! of the S')nit!ty every irre^'ular or iinpro|»er
admission, and to advance such olijections in every case as may be
thought ex[tedient or necessa.y for the honor or credit of the
profession.
42. The certificates triven to every stutlent previous to their
admission shall be scrutinized and canvassed l)y the Council, and
any false representation contained therein shall, if expedient, be
brought ro the notice of the Court, in order to i)revent the adi. 'j-
sion of sucii student.
43. (I). If any certificate required by law cannot be
obtained, by reason of the death of the 15ariister with whom a
student has been articled, or from any other cause, the fact shall
be substantiated by an affidavit (jf such student to be submitted
to the Council.
(2). The Council may institute au enquiry as to the matters
contained in such affidavit and receive counter affidavits and shall
decide such matters in such manner as is just.
44. Any jierson who desires to be sworn in as a Barrister
or Solicitor.
(1). Shall present himself at the robing room in the proper
costume of the Court.
(2).^ On the assembling of the Court, he shall be presented
to the Court by soine member of the Council who is in attend-
ance for that purpose, and thereupon he shall take the oath pre-
sciibed in that behalf.
i
I
Tons.
or Solicitor
I oxiiinina-
icat(;s, and
liiilcsuml
lis absence
: of ev(?iy
ml a;,'ain.st
!• improper
as may be
dit of the
lis to their
uncil, and
adient, be
he adi. 'j-
3a n not be
ii whom a
fact shall
submitted
e matters
and shall
Barrister
lie proper
presented
1 attend-
oath pre-
15
(3). Xo 1 crson shall be sworn in as a barrister or Solicitor
exct'pt in the manner providitl for in this rul»».
Foinrs.
45, Aiticlt'H of Clerkship of any arti(;led Clerk may be in
the form " A " in the Schedule and any assignment of such
articles may l)o in the form " 1» " in the Schedule.
Ai\. The forms C, D, K, F, (I, H and I, set out in the
Schedide hereto, or such other forms as the circuuistances may
re(iuire, nmy be used on the application for admission.
47, The certificate mentioned in Section 127 of " The
Barristers and Solicitors Act, 1899," shall be in the form "J"
in th(! Schedule hereto.
48, The certificate of admission mentioned in Section 20 of
"The liarristers and Solicitors Act, 1890," shall be in the form
" Iv " in the Schedule hereto,
FEES.
49, The following fees shaU be payable to the Society by
every person applying :
(a) For preliminary examination $ 25 00
(6) For intermediate (ixamination 25 00
(o) For final examination lOU 00
{(1) For admission as an articled clerk, if the
fee for pieliminary examination has not
been paid 25 00
(e) For admission as Solicitor or Barrister (if
the fees for Intermediate and Final
examinations have not been paid) 125 00
(/) For admission as Barrister or Solicitor under
Sec, 14 of "The Barristers and Solicitors
Act 1899" 225 00
{(j) By petition to the Council for special relief 2 00
(/i) For certificate of admission as an Articled
Clerk 1 00
16
(/) For IJimisterH or Solicitors Certitlciito 8 2 00
(J) For luiy crrtilii'iitt' (otlicr tlmii tlif Animal
C'»jrti(i('at(' is'iicd to ManihUTs) ,. 1 fM)
5n. Thu for('«,'uiii<,' Hoctioii nIuiII not mtply to any articled
cltM'k whose I'.rticUis were til'd with tin; Secretary f»n or hcforo
the passini,' of the jiiirristiirs and Solicitors Act 1S",)'.», on the I'.dth
day of March, IH'.l'.l, hut snch aiticled cliM'ks shall pay tiie t\!e.s
pre.scrilted and i)ayal)lc nnder the law in force at that date.
ol. If any Candidate fails t- pass any exa)nitmtioii or is
rejected on any other <i;ronnd, the fee deposited liy him acc(»rdinj^
to the Statute or the liules of the Society .sh.ill ho retnrned to
him less 310.00.
m
KKl'KAL.
52. The Rules and iJy-i.aws of the Society heretof(»re in
force are herehy repealed, hut such repeal shall he suhject to the
following,' conditions and (puilifications :
(a) The ollicers and persons actin*.' nniU'r the said
Rules or Uy-Laws herehy rep'-aled shall con-
tinue ♦o ac'i. ui;til others are appointed in their
stead, and all jjrociHidings taken under the said
Rules or IJy-Law.s shnll he taken up and continued
nnder these Rides and Jiegulations when not
inconsistent herewith, and all penalties and for-
feitures in.»y he recovered and nil pn cecdings
had in relation to the matters which have
hapiKMied hefore the said repeal in the same
manner as if the said Rules and By-Laws
hereby rei)ealed were still in force.
(/') No ofVence committed and no penalty or forteitnre
incurred and no j)roceeding pending under the
said Rules or By-Laws hereby repealed or under
any regulation made thereunder, shall be affected
by the said repeal.
-ii^
17
. !? 2 00
1
1 III)
y aificltMl
or lii'toii!
tho uDth
the foes
;e.
Lion or is
accordiuj^
turiuul to
toforo ii!
(It to tho
the said
I'll! eoii-
iu th«Mr
the said
oiitinuod
hell not
and for-
ceedings
'h have
10 same
iy-La\V3
)rteituro
ler the
V under
alf'ecLed
SCHEDULE.
i-()1:M"A"
AHTICLKS OF (.'r.ErMvSHIl'.
i\KTi( i.Ks (IK A<;i{KKMKNT iiiadc! tho day of
in the year (d our Lord oik; thousand nine huiKh'ed and
Uktwkkn a. a. of in the County of
and rrovincc of Xovn Scotin, j^enth;inan fthe
Father or (iuardian), of tlic lirst jtart, U. A. (the Clerk) son of
the said A. A., of tlie second |»art, and S. S. of in
the County of a barrister and Solicitor of tiie
Jiu])renie Court of tho I'roviiKte of Nova Scotia of the third part.
Witness that tlie said 15. A. of his own free will (and with
the (!onsent and aj (probation of tho said A, A. testified hy his
ex(,'ciition of th(!s;! presents) hath placed and hound himself, and
by those presents doth ])la(^e and l)ind hiins(df Clerk to the said
S. S. to serve him from the day of the date hereof during and
until tho full end and term of years from hence next
ensuing.
And tho said A. A. doth hereby for himself, his heirs, execu-
tors and administrators, covenant, with the said S. S. his executors
administrators and assigns that the said 15. A, shall and will well
faithfully and diligently serve the said S. S. as his clerk in
the practice and profession of a Solicitor and Barrister of the
Su|»roino Court of Nova Scotia from the day of the date hereof
during and until the full end of the said term of years.
And that the said 15. A. shall not at any time during .said
term waste, emi)ezzle, spend, caii(;(d, obliterate, injure, spoil, destroy
or make away with any of the books, papers, writings, documents,
niomjys, stamps, chattels or other inoperty of the said S. S. bis
executors, administrators or assigns or of his partner or partners, or
of any of his clients or employees, and further that in case the said
15. A. shall act contrary U) the last mentioned covenant or if the said
S. S,, his executors, administrators or assigns or his partner or part-
ners, shall sustain or suffer any hjss or damage by the misbehaviour,
neglect or iinproi)er conduct of the said B. A. the said A. A., his
I
18
licifM, oxocntors or iiiliiiiiii-<trat'»rs sliull iti'li'iniiily l\w. mu\ S. S.
iiiul I lukt' ntun\ iitid i'(i!ul)iM»f liiiit tliL* iiiiioiiitt ni* vvltio theruof.
Ami fmiluT llmt thu siiid H. A. will at all tiiiicM k»u'|> i\m sfi'.vt'ln
ot' tin' M;ii(| S, S. and liis partiit-i or iturtntTs uiiij will at all iuxwn
itiiij,' thf Mai'l term nsidily and (tliffilully <»lii'y aii<l cx'-ciitt! liis
or tlii-ir lawt'iil and r«>a.sonal)l)' n)ininaiid<4, and nliall not d(!)>art or
alisunt liini.M(dr Ironi tlm s»'rvi(t« (»r <'ni|»loy of the said S. S. at any
tiiiif dnrin>; tli<> ^aid torni witlioiit his (MHiMont tirst olitain«>d ami
sjiall frnui tiin*' to tinif and at all tiini-s during' tli<> said t*-nii
i:oiidii('t liiinsi'It' with all dm; ddijicnct! Iioncsty an<l i»ro|irit'ty.
And tln! said H. A. dotli limdiy coVfiiant witli lliu said S. S. Iiin
fXcciitoiH, administrators and assi^Mis that h«^ thu said H. A. will
trnly, hom-stly and diliycntly svwv tin; saiil S. S. at all tinio.s
diiiin;^' tiM! said t(>rni as a faithl'id ficrk onght to do in all thin^-t
whatsiH'V<>r in tlu; niainit>r aliovt* spt'ciliiMl.
In ooiiHidfHation w1hmv(»I and of |iaid 1)7
till' said A. A. tlu^ rt!Ci'i|it \vli('r«,'ot' tlm said S. S. doth lunnby
ai!knowlt'dj,'o tlm said S. S. for himself his htfirs, executors and
administrators doth hen-hy covenant with the said 15. A. hi»
executors and ailministrators, that the said S. S. will accept and
take the said !». A. as his clerk. And also that tho said S. S.
will hy the hest ways and means he may or can, and to the
utmost of his skill and kiKtwIedye, teach and instruct or cause
to be tauj,dit and instructed the .«aid W. A. iti the said ))ractice
or ]irofession of n Uarrister and Solicitor of the Sujnome Court
of Nova Scotia which the said S. S. now doth or shall at any
time hereafter during the said term use or practice, and also will
at the exj»iration of said term use his best means and endeavor*
at the rec|uest costs and chaiges of the said A. A. and ]>. A. or
either (»f them to cause and procure him the said 1>. A. to be
admitted as a Solicitor of the Supreme Court provided tho said
li. A, siuiU have well, fuilhfully and diligently served his said
intended clerkship.
In witness whkkkok the jtarties to these presents have
hereunto set their hands ami seals the day and year first above
mentioned.
Signed, sealed and delivered
in presence of
[L.S.]
[L.S.]
• [L-Sl
19
KOHM "H.
ASS UiS M K NT <> K A I :T I < I , KS.
TlIN Tni'KNTIUK iiiiuiu (in jluplicut.') tlii- day of.
ill tli«> Vfar of iiiir \,u\t\ miu tliDiisiiinl tiiiit* liumlrtul aint
, lntuiM'ii S. S. (»r in tlif ('"iiinty tit'
II MuiTJstir iiikI S(tli(!itor of tin* Sin»n.'iiio < 'nmt of Nuvii ScotiH,
of tli»» first |tavt, W. A of tin- sanu! place, Siiii|»>iit-nt-liiu' of tho
Hecoiid jiart. AmlT. T. of in tin,' (.'oiin'y of
a Maiiistt r ami Solicitor of tht; said court, of tin' tliini part.
VVilKiiCAs by AitichjH of Clcrkthiii ltfariii<{ datu tlu! day
iif A. !>., I'.*..., iiiadi' iM'twt'tii tlif said H. A. of {\w
one |iai't, and tlio said S. S. of tlic utlicr |iait, llic said l». A ol
his own fret! will, did put, placH and Itiiid liinis«dt (d*'rk to tlu^
said S. S, to Hcrvi! liiiii from tlit! date lu«rt'of, for, diiriny and
until the full t;nd and tt'rni of y«'ars from thtm^o ijvjxt ensniny,
and fully to he coiiiph'ted and «;ndtMl subject to tlm sovural
cmenants thuruiu cuntaiuud.
Anii \viii;ukas the said TV A. hath served S. S, as his clerk
fioiu the dayof the dattj of the saitl Articles of (Clerkship, to the
day of the date of these presents.
Ani» wiiKFi'lAS it has heen a^'reed that the said S. S. shall
assign to the said T. T. all benefit and advantage of him the said
S. S. under and by virtue of the said recited Articles of (Clerkship
for all the residue now to come and unexpired of the said term of
years; and it has betMi further agieeil that the said
Ji. A. shall lait, i)lace and biml himself as clerk to the said T. T.
from the day of the date of these presents for the remainder of
the said term, and for such further period if any) ns nuiy be
necessary to complete the full term of years oi service under
articles.
Now this Indenture witnesseth, that in jiursuance of the
said agreement he the said S. S. at the request ami with the
coiistait of the said \\. A. testified by his being a party to these
presents, hath assigned, transferred and .-jet over and by these
presents doth assign, transfer and set over unto the said T. T.
all benefit and advantage, interest, claim and demand whatsoever
of him the said S. S. under the hereinbefore in part recited
10
Arlirh'n (if Clfrknhip, aii'l tln» xt-rvici* « f hitn llu* "unl ll. A. iiiuliT
oi Wy virtiii* of tlu) huiik* to li.i\i' uml to liold all right ami intcrfflt
whiitMfH'vrr of liiiii ihi! niiiil 8. S. in iukI to tht> niTvicu of liiiii tli*t
Miiiil It, A. itihii'i or l>y virtiit* of thu miiiio unto tli«> Haiti T. T. Iiifi
exucuitorN, uiltiiiniHtnitorH ami nHHi^nM.
Ami tliis ititlctitiirf fiiithcr \vitm>HH(>tli tliat tint nnlil IV A.
of liJH own IVt'i! uill, tt-Mtitinl us afori'Muiil, hath put, |ila('«Ml ami
itoiiml liiiiHcIf, ami liy thcnc |>rt'.<4rnt.s <loth put, |>lar)> aini hinil
hiinsfir tlirk to thf ••aiij T, T., to nvrw liiiii from thi* May
of tho (iatu of tlu'S(> pri*st>iitH for nmi linriii^ thu runuiiiKJi'r
of till' Haiti term of Vfarn, uml fully to iw coiiiplctfil and
I'tuit'il ; and for MUt^li (urflu'r p»'rio»i (if any) as may Im- nt'ccssary
to foiiiplrti' ilic full ttiui of yt'ar.H, undi-r artich-H in
atuordanco with tlu; Mtatutt'^t in tliat ludiaif. Ami tlit> naiti l>. A.
doth liert'lty coviMiant with tin* said T. T., h'm executors, adruin«
istrators and assij^ns, that tlic said H. A. fluill and will wtdl,
faitldully and diligently, serve the said T. T. as Ids (di-rk in tlie
practice and proU-ssion of a Solicitor of the SuprcnM' (.'ourt of
Nova Scotia fmnt tlic date hereof durinj^^ thu remainder of tim
hcreinhefore recited term of yours, accortlin;^ to tlm terms ancl
Conditions of the saiil liereinheforo mentioned Articles of ('lerk-
sliip a.s tlieruin set fortli.
In consideration wliereof, and of paid l»y the said
IV A. (tlie receipt whereof tlie said T. T. doth lu-rehy ack'.owledtjo)
the .said T. '1'. for liiniself, liis jieirs, exe(!utors and administrators,
iloth hereliy covenant with the said IV A., that the said T. T.
will nc(!ept and take the saitl IV A. as his clerk, and also that
the said T. T. will ohserve and he hound Ity the terms and con-
ditions of the said articles of Clerkship in so far as the same were
binding on tin; said S. fc>.
In Witnkss wiiPMJKoK the said parties to these presents have
liereunto set their hands and seals on the day and date first al)ove
mentioned.
Sij,'ned, sealed and delivered
by the within nameil parties in
tlie presence of
.[L.S.]
.[L.S.]
.[L.S.]
A\ I
•n
(AVfDT. or Arn.rrANT), Src 1:5 (4 asp 6).
IN TIIK sri'UKMK COlKT. 19....
\y Tiu: MATTKit of thn a|i)>liration >>( It. A. for ndniiixion ns n
linrrintor and Solicitor of ili*- Suprt'iiu' *'<>\\n of Novii .Scoiiu.
I, n. A., of in tilt! County of
Aitirlcd (.'Ivrk, ninku outli iiml Huy uh followii :
1. Tliiit I duly imssud i1h> }ir<dituiriiiry )>\iitniniition |ir«Hcrih(>d
hy th«' Couuiil of tlu) Novii Scoija Hmristi'is Sooioty on tli«
day of , A.I>, 1'.* lud licrfwith priMluit'd and
inarkt'd cxliiliit " A " to this utli<lavit is a ctTlilicalu of my inivin;^'
jtasfifd such •'xarnination.
'2. That I I'liti'tcd into aitirlt's of clcikshiit with S. .S,, of
ill thf County ol .*. , a HarriUcr
and .Solicitor of tlif Suprt'ino Court of Nova Scotia, l)y articles
dati'd iht! (hiy of A.I'., !'.• and a copy of
.said articles of clerkship is h<ii't>with produced iiiarkt'cl uxhihit
" 1) " to thi.s alhdavit.
'.\. That the .said articles of (Jlerkship were duly hied in the
office of the Secretary of the Nova Seutia llarristers S(»eiety on
the day of , A.D., Ill as appears l»y the
certihcato of the Secretary of the Haid
Nova Scotia HarriMters Soc ety, herewith produced and marked
exhihit "C" to thi.s atlidavit.
4. That I actually and hona fide served in the oftice of the
said K. F. under the said articles of Clerkship from the day
of A.D., l\) until the tlay of
A.I)., 19...., except durin;.,' the period of my attendance at the
Institution of legal educati(»n hereinafter nuMitioiied, and that
duriuj,' my said term of service I was not engaged in any
employment, other than attendance at .such Institution of legal
education, which had the effect of inttufering with my reasonable
attendance and .service at the ullice of the said 8, S., as will
apjioar by the certificate of the said S. S. herewith produced and
marked exhibit "D" to this attidavit.
1
22
». That I duly passed all tho exatninations reciuired liy the
y of tiie T^aw School of Colif^c 'or
5.
faculty
I'niversity) for tliu l)t'<j;ree of JJachcdor of Laws, including the
exaniinatiou in I'rocM'dure, niid successfully coruploted my course
in said College (or University) and that I
hold the I)e<,'i((e of Bacludor of Laws from the said Law School
(Collet^e or University) as a]»|K'ars by the certificate of
the Dean of thf, Facidty of the Law School of said
College (or University) iierewith jiroduced and maikeil exhibit
"E" to this ai:idavit.
G. That I have ]iaid to the Treasurer of the Nova Scotia
Barristers Society all the Fees prescribed by " The barristers and
Solicitors Act, 18'.>9," and the Rules and Regulations nuide there-
under to entitle n)e to admission as a Barrister and Solicitor of the
Suj)reme Court of Xova Scotia, as will appear l)y the certificate of
the Treasurer of the Nova Scotia r>arristers Society herewith
produced and shown to me and marked exhiljit " F " to this
aftidavit,
7. That 1 have duly fded in the office of the Prothonotary at
Halifax, certificates of having ])assed the Preliminary examination
prescribed by the Council of the Nova Scotia Barristers Society,
and also of my holding a Degree of Bachelor of Laws, and of
good moral character and regular attendance, as aj)|>ears by the
certificate of the said Prothonotary herewith produced and shewn
to me and marked exhibit "'G " to this affidavit.
8. That I am of the full age of twenty-one years.
I
Sworn to at Halifax, in the
County of Halifax, this day of
A. D., 19 Before me, J
A Commissioner of the^
Supreme Court in and for -
the County of Halifax. J
1
■ A
I
■<*
iiL'fi ],y the
C.V)lI(.fr(. ',„,
'huUw^ the
iiiy course
iiKl thiit r
''i\Y School
^O'l C'xliibit
ovn Scotia
listers and
lade there-
'itor of the
I'tifjcate of
herewith
'' " to this
onotary at
Jimination
'■•? Society,
■'s, and of
^I's by the
tiu sliewn
FORM "J)."
(Ckrtifkatk of Secuktauv (IF X, S. Ijvrkimteus Socikty.)
IN THE Sri'HKMK CMJl'IlT 10....
In tiir mattkr of the a]»|)lication of J>. A. for admission as
a Barrister and Solicitor of the Supreme Court of Nova Scotia.
I, of Halifax, in the County of Halifax,
Secretary of the Nova Sodtia liarristers Society, do hereby certify
that the ori<,'inal Articles of Clerkshi]) between the above named
I). A. and S. S. of in the County of
in the Province of Nova Scotia, a Barrister and Solicitor of this
Honourable Court, were duly filed in my oHice on the day of
19. ...and at the same time a ceitificate that the said
B. A. had ])assed the preliminary examination prescribed liy the
Council of the Nova Scotia Barristers' Society, was also duly Hied
in my office.
Dated at Halifax, this day of A. D., l[\
Secretary of the K. S. Barristers' Society.
FORM "E."
(Certificate of Treasur.':u.)
IN THE SUPREME COURT, 19....
In the matter of the application of B. A for admission as
a Barrister and Solicitor of the Supreme Court of Nova Scotia.
I, of Halifax, in the County of Halifax,
Treasurer of the Nova Scotia Barristars Society, do hereby certify
that the above named B. A. has paid all fees requ'red by the
Rules and Regulations of the Nova Scotia Barristers' Society to
entitle him to admission as a Jiarrister and Solicitor of the
Supreme Court of Nova Scotia.
Dated at Halifax, this. day of 19....
Treasurer of the N. S. Barristers Society.
,*!,■• "
24
FORM "F."
(Ckutifkjatk of Barrister.)
IN THP: SrPKKME COURT, 19....
In thh mattkr of the ajtplication of B. A. for ndmis-siou aa
a Banister and Solicitor of the Supreme Court of Nova Scotia.
T, S. S., of in the County of. a
Barrister and Solicitor of the Supreme (Jourt of Nova Scotia, do
hereby certify that B. A., the above named applicant, under and
by virtue of the Articles of Clerkship bearing date the day of
A. D., 19.... actually and bona fide served with me
as my clerk in my said profession and in my office from the
day of A. D., 19.... to the day of A.l).,
19.... and that during the said period he has not been engaged in
any employment other than attendance at
College, (an Institution of legal education) which has had the
effect of interfering with his reasonable attendance and service at
my office.
And I further certify that the said B. A. is a person of good
moral character ..nd a fit and ])roiier person to be admitted a
Barrister and Solicitor of the Supreme Court of Nova Scotia.
Dated at this,
.day of.
.A. D., 19...
FORM "G."
(Certificate that applicant holds the degree of Bachelor
OF Laws.
IN THE SUPREME COURT, 19....
In the matter of the a; plication of B. A., for admission as
a Banister and Solicitor of the Supreme Court of Nova Scotia.
I, , Dean of the
Faculty of the Law School of College,
(or University) do hereby cerdfy that B, A. the above named
applicant has passed all the examinations r3({uired by the Faculty
25
admission as
>va Scotia.
a
^^a Scotia, do
It, under and
>e day of
ved with me
rom the
A.I).,
n engaged in
las had the
id service at
rson of good
admitted a
Scotia.
A. I)., 19...
Bachelor
mission as
Scotia.
of the Law School of College, (or University,)
for the degree of liachelor of Laws, including examination in
procedure atid tlwit the said H. A. holds the degree of Baciielor of
Laws tVom the said Law School (College or rniversity).
Dated lliilifax, this day of...
A.I)., 19...,
FORM "H."
(Cp:kt[ficatk of Pkothonotarv.)
IN THE SUPREME COURT, I'J....
Tn the matter of the apjjlication of P». A. for admission as
a barrister and Solicitor of the Supreme Court of Nova Scotia.
I, , Prothonotary of the Supreme
Court of Nova Scotia at Halifax, do hereby certify that the above
named B. .'v. has duly filed in my office a certificate of having
pji'^sed the preliminary examination prescribed by the Council of
the Nova Scotia Barristers Society, also a certificate that he holds
the degree of Bachelor of Laws from the Law School of
College, (or University), together
with a certificate of the Secretary of the Nova Scotia Barristers
Society that his articles were duly filed as required by law and
also a certificate of service under articles, and of good moral
character from S. S., the I barrister with whom he served, and also
a certificate of the Treasurer of the Nova Scotia Barristers
Society that he has paid all fees prescribed by the Rules and
Regulations of the Nova Scotia Barristers Society to entitle him
to admission as a Barrister and Solicitor of the Supreme Court of
Nova Scotia,
Dated at Halifiix, this day of.
,..A. D., 19.
Prothonotary.
• • • College,
'■e named
e Faculty
V
26
FORM "I."
(Okdku roi! Admission.)
IN THE SrrHEME COUKT.
In the mattkr of tho appliciition of 15. A. for admission as
a r>airistL'i' ami Solicitor of the Supreme Court of Nova Scotia.
rpoN iiRAKiNd HKAi) tlie aUidavit of the a))ove named 15. A.,
sworn herein the day of A. I)., ID...., a cojiy of the
original Articles of Clerkshi]) between the sanl H, A. and S. S.,
dated the day of A. I)., 19..., the ceitificate of
Secretary of the Nova Scotia llarri.sters
Society, dated the day of 11'...., the certificate of
the said S. S., dated the day of 19..., the certificate
of Sinu)n H. Holmes, Trotln .notary of this Honourable Court at
Halifax, dated the day o^" A. T>, 19..., and the
certificate of the Treasurer of the Nova Scotia Barristers Society,
dated the day of A. D., 19..., and upon motion of
Mr
It ]s oitLEitElJ that the said B. A. be admitted a Barrister
and Solicitor of this Honourable Court upon signing the Koll
and taking the oath prescribed by Section 17, Chapter 27 of
"The Barristers and Solicitors Act, 1899."
I
Dated at Halifax, the day of
,19.
ncd I]. A.,
<"')'y of the
and S. S.,
'itificate of
t iJiu'iisters
eitificate of
5 certificate
le Court at
, and the
I's Society,
motion of
I Barrister
the lion
)ter 27 of
27
FOHM ".I."
Xo ,
THE NOVA SCOTIA I'.ARIMSTKHS' SOCIKTV.
10
This is to ckhtify that
of , in the County of
has paid the fee of dollars for the ^ ^av
efidiui,' June .'With, A. D., lt»... as jiiovided in and by
Cha))ter 27 of the Aut.s of the r.cuislature (»f Novn
Scotia for the vearA. !>. IBU'.t and that the said
is a iiractisinj,' iSarrister and Solicitor.
In testimony \vni;iti'OF 1,
Secretary of the Nova Scotia l>arrister9* Society, have
to these presents affixed the >'"\ of the said Society
at Halifax, this day A. D. 19...
The Nova Scotia Uauhisteus' Society.
, Secretary.
.Treasurer.
FOIJM "K."
(Certificate of Admission.)
THE NOVA SCOTIA liAKRISTERS SOCIETY.
This is to certify that
of was duly admitted a barrister and
Solicitor of the Supreme Court of Xo' a Scotia on the
day of A.D., 19...
In testimony whereof, I Secretary
of the Nova Scotia barristers Society, have hereunto affixed the
seal of said Society, and subscribed my name this day of
A. D., 19....
Secretary of the K. S. Barristers Society.
2R
CHAPTER 27, ACTS OF 1899.
An Act, to amend and Consolidate the Acts
relating to Barristers and Solicitors.
Be it enacted by tht' Governor, Council, and Assembly, as
follows : —
1. (1) This Act inav be cited as '"The liarristers' and
Solicitors' Act, 1899."
(2) In this Act unless the context otherwise requires " the
Society " means the Nova Scotia Barristers' Society, " the Council "
means the Council of the Society, " Secretary" means the Secretary,
"Treasurer " means the Treasurer of the Society ; " Prothonotary"
means Prothonotary of the S.ipreme Court, "regulations" or
"regulations of the Society" includes rules, regulations and
by-laws made by the Council, "articled clerk" means a student
at law who has bound himself by contract in writing to serve
with a practising Solicitor.
PRECEDENCE.
2. The Lieutenant-(rovernor by letters patent under the
great seal of the Province of Nova Scotia, may appoint from
among the members of the bar of Nova Scotia, sucii persons as
he may deem right, to be, during pleasure, provincial officers under
the name of Her Majesty's Counsel learned in the law in the
Province of Nova Scotia.
3. The members of the bar in this province shall have
precedence in the courts of the province in the following order : —
(1) The Attorney-General for the time being of the
Dominion of Canada.
proNl
henl
of i[
i\\v
(^uel
(icil
br i[
the
ai'ci
und
29
(2) The Attorney-(it'iienil for the tiiiit! In-iiii,' of the
province.
(3) Tho iiieiuber.s of the Itiir who hav»' 'nion or who shall
hereafter he ajipointeil (jJiieen's (.'ouiisel aecoiiluiLj to the seniority
of aj)jiointin(Mit as snch connsel ; jirovided that all members of
the l)ar of Nova Sc(jtia who heretcjforf have been appointed
(Vneijn'.s Counsid by letttM's patent under the hand of the (Jovtjrnor-
(ieneral of (Canada, and who may, after the passinjr of this Act,
be appointed ijiieen's (Jounstd by letters patent under the hand of
the Lieutenant-Governor of this jirovinee, shall have precedence
accttrdinji to iUv. date of their appointment as (^)ueen's Connsel
under the hand of the Governor-(i(;neral.
4. The remaining members of the bar shall as between
themselves have precedence in the Courts in the order of their call
to the bar.
5. Xo person shall be so appointed who is not of at least ten
years* standing at the bar of the province.
6. The right of precedence which appertain.s to any memlter
of the bar when acting as counsel for Her Majesty or for any
Attorney-General of Her Majesty in any matter depending in the
name of Her Majesty or of the Attorney-Gtnieral in any court of
this province, is not affected by the foregoing jtrovisions.
■
ADMISSION.
7. No one shall practise as a solicitor or barrister unless
and until he has been duly admitted ; and no person who has
been admitted as a barrister or solicitor shall practis*; after he has
been struck off the roll and before he has been restored, nor while
he is suspended from practisin;.
»;,'•
8. Except as hereinafter provided, no person is entitled to
admission as a barrister or solicitor unless he has served under
articles of clerkship with a practising solicitor in this province for
the term of at least four years. Any such articles of clerkship
may be assigned to any other practising solicitor from time to time.
9. No person shall be considered an articled clerk unless he
has first passed the preliminary examination prescribed by the
Council, or such examination or examinations as are accepted by
^
80
thn ('ouncil in lien thorcHtf, miilor thti provisions <»f this A(!t, aiut
uiib'ss \u'. liiiH |(uiil t(» llif Tn'iisiucr ull fcfs pri'scrilu'd \>y tlio
Coiinci], iiiitl iinh'S" \\v hii.s Hied liin articles of clerkship or a
diipliciito thereof witii the Secretary as herein providtsi.
\0. (I) 'I'lio term of service for articled (;lorks shall ho
computed from the time of Hlin^ the articles of clerkship or a
duplicate thereof with the Secretary.
{'2) Such articles of clerkship shall ho accompanied l)y
8atisfact(»ry evidence that the person filinj,' the same has passed the
j»relimiiiaiy examination, or such examination as may have heen
ac<.'e|tted in lien thereof, and that such pi-rson has ])aid all fees
prescribed l»y tl)is Act or hy the regulations of tlu; Society.
(3) Tn case articles (»f clerkship are assi<j;ned, every such
nssif^nment shall he tiled with the S* -netary, and sul)se([Uent ser-
vice under f-mch articles shall he cumputed from the date of filing
such asbijj;nment.
11. In the event of the ileath of the solicitor with whom
any clerk is articled, such clerk may be articled to another
practising solicitor and may serve the lemainder of his term with
such other solicitor, but the articles of clerkship with such other
solicitor must be filed with the Secretary in the manner and
subject to the conditions hereinbefore prescribed.
11^ No j)erson is entitled to admission as a barrister or
solicit(jr until he attains the full age of twenty-one years.
13. Except as otherwise provided in this Act, no person
shall be admitted as a solicitor unless he has complied with the
conditions and provisions hereinafter contained.
(1) He must serve under articles of clerkship with a
practising solicitor.
(d) If at the time of being articled with such practising
solicitor he h dds the degree of Bachelor of Arts of any College
or Tniversity recognized by the Council, for the period of three
years.
^) If at the time of his application for admission he holds
the degree of Bachelor of Laws from any law school, college or
university recognized by the Council, for the period of three years.
L-
81
i^ Act, ;iii(|
•<l l)y the
csliij) or 11
s slmll bo
:.sliij) or a
•iiiiicd hy
•a.sstid the
iiiV(! l)e(m
i'l nil fees
L'ty.
very such
Mjiieiit ser-
t^e of filinir
itli whom
o niujther
term with
such other
anner aud
irnster or
10 person
1 with the
3 with a
practising
y College
of three
he holds
college or
ee years.
(r) In all other cases for tlio period of four years.
(2) joining his ti'nn of snrvico In* shull not be engaged in
any employincnt otlicr than uttciKhince at an institution of legal
t'ducation which would hm c the clVcct of iiiti'ifi'iiug with bin
reasonable attendance and .s(!rvic(> at the otiice of the .solicitor
with wh(»in b«! is articled; and except duriny th»! perio«l of such
attendance at an institution of legal edu(*ation he must Itona fide
serve for the respective lernis afoiesaiil in the ollicc of the
soli(,'itor with whom be is articled.
(3) He must first jmss the preliminary, intermediate, final
and other exaniinutions prescribed by the (Joiincil, or such exam-
inatifuis as slmll under the prf)visions of this Ad or under any
regulation of the (.'ouncd be accepted in lieu thereof.
(i) He shall produce evidence ti the satisfaction of the
Council that lie has complied with all the foregoing provisions and
with all otlusr jtrovisious of this A{;t, and, such eviience, togtilher
with a certificate of good moral character from the solicitor with
whom he was last articled, and evidence tluit be has paid all fees
jirescribed by this Act or by th(! rules of the Society, must be
lodged with the president of the Society at least forty-eight hours
before the time at which the motion for the admission of such
person as a 8(dicitor is to be made.
(")) He shall comply with any other conditions which the
Council may by regulation prescribe from time to time.
14. (1) A l)arrister of any superior court in flreat Britain
aud Ireland shall be entitled to be admitted to practise as a
barrister and solicitor on producing evidence satisfactory to the
Council that he is a barrister at the time of applicatifui, and that
he is in good standing, aud that be is of good moral charac er.
(2) A barrister, attorney or solicitor of any Superior Court
in Her Majesty's colonies, and a solicitor of any court in Great
Ibitain or Ireland, on producing evidence satisfactory to the
Council that he is such barrister or solicitor at the time of
application and that he is in good standing and of good moral
character, and nlso that be has served as an articled clerk for a
term equal to that hereinbefore prescribed for articled clerk.s in
this Province, and ujion passing the usual final examinations
32
r«'(|iiii('(l ill t)u> cn$e of iittidod clcrki*, Nhull bo entitled to Im
iidiiiitti'il iiM u Holujtor.
(3) lliiiriHtt'iM of Her MiijuNty'.H Sii|Hiior (nnitsiti any df
H«r Muji'siy's ilniuinioiiH in which the Haiiiu piiviK-^uH ari> I'Xtuiid-
vA to hanisttTs (»f" \\u' Siiiireinu (.'oiirt of thin I*nivincu, on
jirodiKMii^ Hulivfartdiy nvidciuM' nf th«'ir aihiiissioii and of their
i^rood staiidiii}^ <ind ^ood iiinial character, .shall !>«• cntith'd to
udniissiun an hariistcts of tin- Siiprciiic C<»int of Novu iScoliu.
^) Kvcry |K'r.son a|»|ilviii^' for admission under tjiis isection
shall iK'foic such atliiiissi"ii |iiiy siicli fees to the Suciicty and fiiltil
such other conditions as are |iiescril)ed from time to time hy the
Council.
1.". The Council iiiiiy, liy Hi»ccial resolution, |trovido that
any person who has been iiiidt r articles of clerkship in any other
Province of the hominioii lor the same period as is re(piire<l tor
admission as a solicitor in this Province, may lie admitted upon
payment of the jtrescrihed fees to the tinal examiiiat on next after
the i»assin^' of such resolution, and any jterson so permitted to
attend .such linal examination who .successfully jiasses the .saim,' is
entitled to he admitted as a solicitor upon furnishiiii; such evidence
of the matters aforesaid ami ujion payment of such turthor fees as
are prescribed by the Council.
(2) In case any jiersoii has heretofore ]>as.sed such examina-
tion and given evidence (tt such ediicatictiial attainments, and
served for such pi-riod in the olHce of a solicitor, whether under
articles or otherwise, as in the judj^'iinmt of the Council, are
equivalent to the examination, service and certificates reiiuired by
this Act, or by any regulations made thereunder, the Council, by
.special resolution in suc'li case, may dispense with any of the
re(iuirements or conditions provided or contained in the nine next
preceding sections, or in any ri'gulations made under this Act, and
may recommend the admission of any such person as a barrister
or solicitor, upon such conditions, and upon payment of such fees
as the Council shall determine, and the Court, upon proof of the
l)assing f)f such resolution, may admit such person as a barrister
or solicitor, notwithstanding the non-cumpliance by such person
with any of the provisions contained in the said nine next
preceding sections, or in any regulations made under this Act.
3:{
K). Kvi-vy puMon t>ntitle<! to bu ndmittcil uh u itolicitor i«
aImo entitled i > \m iniiiiittt'd iis u iturriHtor.
17. liufdio any |u»rsi>n in ft<liuilty<l hh a liarristiT or sfilioitor,
hn mIiuII tuku the tollowiiig uiUh bufurt; the I'lothoiiutury »t
Hiilit'iix: —
" 1, A. !•., do swear tliul I will truly mid Ik lu'.slly dfiiu'iiii
myself in tlu^ itracticu of a itarristcr and Holjcitor, (or us the (-asf
may be) in (ikIi uiid every matter and prooeeditii; in wliieh I hIiuII
be i-miiloyt'd ii>< hiicIi, according' to the best of my knowiitdj^u and
ability. So lulp me (io«l."
18. No persun .shall be admitted aH a barrister or .solicitor
unless and untd he li.is paid sucii fue.s ah are prescriU'd in that
behalf by the Council,
1*.), No person shall be deemed tu be admitted a.h a barri-ster
or solicitor until he has signed the roll.
2i). (I) The Secretary is empowereil to j,'ive certificates of
the admis.sion nf barristers and .solicitors authenticated by the seal
of the Society, and no other certificate shall l>c nece».sary.
(2) The i'rothonotary of the Supreme Court At Halifax
shall, on the admission of a solicitor be entitled to a fee of fifty
cents for siynin;^ ami filing tin; order of the Court fi>r such
"Imission, and the further sum of fifty cents for each oath admin-
ai
istei
ission, anti ine luiinei sum oi niiy cenis lor euen oain aui
ed, but to no other fee in connection with such admission.
21. (1) Barristers and solicitors are entitled to practise in
all ;<K rts within this province, and to prosecute iind defend all
actions and proceir-dings, but nothinj^ herein contaiiuid shall interfere
with or ailect the wholesome control which Her Majesty's Couit.%
ai(! authorized to exeit ftver the several p'actiliouers, the "ein, or
to jtrevfeut any such Court from suspending, silencing, dismissing
or striking off the roll any barrister, advocate, attorney, solicitor
or proctor, for malpractice or misconduct.
(2) Barristers and solicitors (except as otherwise j)rovided
in this Act) may sue for and recover their reasonable and lawful
fees, costs, charges aii<l necessary disbursements for and in connec-
tion with professional services rendered by them while entitled to
practise, and while holding the certificates required by this Act.
84
22. Nm solicitor not mf iiiilly |>mctiHiny hin |>rof«»<ilon, pxcept
fdilv till' rrnilioiiofiirv f»t llalilax, \»'\\\^ n v.Iiiitur, chilli tnk»» or
tt'tuiii any law MtmliMit a<« an aitirlttl cliTk ; ami no iicr.stiit nluill
hiiVi' til any mii! titiiu iiihH' iliaii thiic articl<'<i dorks.
2;V Xo sojicitftr sliall | n'lniit any person not n solifit«ir. otiicr
than liis aitit Ic^l cl«-rk utliiail} M-rviii;; in liin ollicf, to .Hn<> ont any
writ or |iro(;i!itM, or to proxiHMito or (IdVnil any iK^tion in \\u luiinL',
(.UAI.IKK ATKiN To IMIACTISK.
'J4. riic I'rotlionotary at Halifax hIhiII forthwith <i(>livi'r to
tlic Stcrt'tary of tin' SocH'ty, tcrtitii'il nndt-r his Imnd and the hcuI
of thf Sii|iii'inc ('onrt, a list of all ]>ia('ti>in^' liariistcr.s and
.s(di(Mtors whose names appear on the roll of hurristeis and
solicitors, and shall annually, during tho l.iht wcuk in tliu month
of I»e«enilier in I'nch year, deliver to tho Secretary, eertitied under
his hand and the seal of the >aid Court, a copy ol so mucih of tho
roll as contains the names ol liairisters ami solicitors admitted to
practice sulisei^ui'ntly to the l.ist previous naurn nnule to the .said
Socrotury.
n
'Jf). Tho Secretary shall enter all such lists and eertilied
e(»]iies in a In ok to he kept in his ollice for that purpose, aHixiiig
to each name a number, following in consecutive onler tho num-
bor.s atlixod to tlio names previously entered.
2(i, The Secretary shall, in another hook to bo kejit in liis
(ttlice for that purpo.se, enter all the names contained in the copies
HO tiaiiMuitted t(» him alphalu'lically arranged, with a n-ferenco to
tho nundier of each name on the roll, and shuU annually on or
before the tir.st day of August, put n\ iu the ollict! of the
I*rothon(ttary at Halifax, and in the Society's Library at Halifax,
another alpliabetical list, certitied l)y him under his hand, of all
Itairisters and .solicitors who have taken out tlu'ir certiliijates for
the current yeai', and shall from time to time add to the list
aforesaid the name of each barrister and solicitor who takes ont
his certiticate at a substMjUont )ieri(td of the year, noting thereon
the time when tho certiticate was taken out.
27. (I) Every practising barrister and solicitor shall obtain
from the Secretary annually before the first day of July, a
ceitificate under the seal of the Society stating that he is a
jjractising barrister or solicitor.
3.-
(21 Aiioh otrtlfloato thAll tH> iHsmxi hy tlic Scrrptmy uit<li>r
tilt) MiMil <»f the Soototy nRrnntitiu Ut the \\^i <>( tiiiiii>s u|i|i ariu'^ in
till) copy t)( the roll of ItiirristiiH uml Moljiiturt n>itili(>i| tu tliu
sjiiil Sccri'tftry l»y l\u> l'i'i»th.)ii(»tiuy iit llulilux uiitU-r the jtrDviNiiint
of tliiM Act.
(3) rpon tlu) piiyiiKMjt tr» lli« TiiaHiinT uf nil foi!H ainl tliu'^j
puyuhlu by mucIi ImiriHiiT <.r Nolicititr ti> the maid Sooii'ty, thu
HiMTctnry slmll writti liin iiuiiic mm tin- iiihi^mii df »lio ct'itiHi'iito,
with till! (lute thiTouf, aiid dilivcr thn suiin' to hucIi Itiinisicr mi-
.>4oli(;itMr, und thu cuiiilicatf nhull liu taken as iH.siiu*! only tVoni
8uch datu.
(4) Tilt' < 'oiincjl shall have power tu ii'licvt) any haninter
or solicitor frotii the whole or any portion nl' any fee-*, iliios or
niotuiy iMiyuhlf by siuih barrinter or .solicitor to the Society, up to
the 3 1 St day of Dccemlter, IH'.KS.
2S. No certificatt! shall lie issued to any Itirrister or solieilor
until the annual t'eu (or .such (MMtitieate pres(>i'il)ed by the rules of
thu Society is paitl to the Treasurer. riit.il sinh rules sh.UI
otherwise prcseribe the annual fees payiibli! by all liurristers and
solicitors shall Ix; as follows : —
(«) I5y every barrister or solii iior practisin-^ in the
City of Halifax the .sum (»f Nii -lollars, (*10.U(»;.
(/') liy every barrister or solicitor iiiiictisini,' elsewhere
than in the City of Halifax the siini of two
dollars, (."i^L'.IHlj
29. No barri.st-r or solicitor is renuireil lo taUe nut .my such
cerlificate until tlm liist day of duly tie.xt followiiiL!; Ins admission.
30. If It barrister or srdicitnr, after ten days' notice from the
Secretary, omits in take out such ;iiniual certilicate oii or before
the Hrstday of duly, he shall not be entitled tluiieto until ht; pays
to the said Society not only tin- ceilili(uite fee so appointed or
prescribed as afoicsaid, toj^ether with any other fees or dues which
he owes to the Stjeiely, but al.so an additional sum by way of
pejialty us follows, namely : —
(a) If such annual certificate is not taken out on or
before the first day of October, tlie further sum
1:1
86
of two (IdUiirs 1X11(1 lifty cents if such barrister
or solicitor is ])nictisiii^ in the City of Halifax,
or the further sum of one dollar if such barrister
or solicitor is jiractising elsewhere than in the
City of llulifax.
{h) If such annual certificate is not taken out on or
befoie the tliirty-lirst day of DecemDer the fur-
ther, sum of five dollars if such barrister or
solicitor is jiractisiuiif in the C'ty of Halifax, or
the further sum of two dollars if such barrister
or solicitor is practising elsewhere than in the
City of Hidifax.
((■) A barrister or solicitor is deemed to be practising
in the jdace where his principal othce or place of
business is situate.
31. If a barrister or solicitor or any member of a firm of
barristers and solicitors either in his own name or in the name of
any member of his firm knowingly, practises in any Court in this
Province or otherwise before such annual certificate for the year in
which he so practices has been taken out by him and by each member
of his firm, he shall forfeit the sum of twenty dollars, which for^
feiture shall be paid to the said Society for the uses thereof and
may be recovered in the name and at the suit of the said Society
us a private debt.
32. If a barrister or solicitor practises as such without
having first taken out such certificate in each and every year of
his practise, he shall for every such offence be liab'e to be
susi)ended by order of the Supreme Court from practise until the
fee upon his certificate for the year in which he so practised with^
out certificate is, together with a penalty of twenty dollars, paid
to the said Society.
33. Every Prothonotary and evt-ry clerk of the County
Court shall on the 30th day of June in each year make out a list
of the names of every barrister and solicitor who by the papers,,
entries or preceedings filed or had in the office of such Prothono-
tary or Clerk appears to have practised as a barrister or solicitor at.
any time during the proceding year ending with the said 30th day
of June, and each of the said officers shall forthwith deliver sucK
37
lisls to the secretary of the said Society certified under their
respective hands.
34. (1) During the jieriods hereinafter mentioned the
following persons shall be incapalde of practising as barristers or
solicitors ;
(a) Any barrister or solicitor who is a })risoner 'in
any jail or prison, during the ])eriod of his con-
finement therein or within the limits thereof.
(6) Any barrister or solicitor who has been suspended
from practising, during the period of his sus-
pension.
(2) Any barrister or solicitor who practises during the period
in which he is so incapable of practising may be struck of the roll
by the Court or a Judge upon summary application at the instance
of any person or at the instance of the Society.
(3) Every such barrister of solicitor shall be incapable of
maintaining any action for the recovery of any fee, reward, or
disbursements for or in respect of any matter or thitig done by him
as a barrister or solicitor during the period of his incapacity.
35. In case a barrister or solicitor willfully and knowingly
acts as the professional agent of any person not duly qualified to
arc as a barrister or solicitor, or suffers his name to be used in any
juch agency on account of or for the profit of an unqualified
person, or sends any process to such person, or does any other act
to enable such person to practise in any respect as a barrister or
solicitor, knowing him not to be duly qualified, and in case com-
plaint is made thereof in a summary way to the Supreme Court
and proof is made upon oath to the satisfaction of the Court, the
barrister or solicitor so offending may in the discretion of the Court
be struck off the roll a:id disabled from practising as a barrister or
solicitor; and the court may also commit such unqualified person
so having practised as aforesaid to any common gaol or prison for
any term not exceeding one year.
38
LAW STAMPS.
30. Ui)oii every writ of summons issued out of the Supreme
Court and ujion every writ of .summons issued out of the County
Court (excejil in actions in the (Jounty Court in wiiicli the sum of
S80.0() or less is claimed) the plaintiCf shrdl pay to the Society
towards the supixirt of the Law Library at Halifax the following
fees, to be paid by stami)3 as hereinafter provided, that is to say :
(a) U])on every such writ of summons issued out of
the Supreme Court at Halifax, the sum of fifty
cents.
37. The Society shall provide adhesive stamps for the
payment of such fees, and shall keep them on sale at the Law
Library.
38. No such writ of summons shall be issued by the Pro-
thonotary o' clerk of the County Court at Halifax unless it has
stamps of the required anu)nnt clean and undefaced attache 1 to it,
and any writ of summons so issued without such stamp or stamps of
the required amount, or without the stamp or stamps thereon
being obliterated as hereinafter provided, shall be irregular and
void and may be set aside with costs to be paid by the solicitor
whose name appears on such writ of summons as the solicitor of
the plaintiff in such action upon the application of the defendant
or upon the application of the council.
39. The Prothonotary and clerk of the County Court at
Halifax shall obliterate each such stamp at the time the writ is
issued by writing thereon his initials and the date of the issue of
the writ to which it is affixed.
40. The Prothonotary at Halifax shall not receive or file
the printed cases upon any appeal or motion to be heard before the
court in banco, unless one of such printed cases upon such appeal
or motion has one of such stamps clean and undefaced affixed to
it. The Prothonotary at Halifax shall obliterate such stamp at
the time of the filing of such printed cases by writing thereon his
initials and the date of the filing of such printed cases.
39
THE XOVA SCOTIA r.AIIUISTKIJS' SOCIETY
lnpreme
[County
sum of
jSociety
lllowing
|o say :
out of
[of fifty
for the
he Law
-he Pro-
s it has
e 1 to it,
amps of
thereon
liar and
solicitor
icitor of
ifendant
!ourt at
writ is
ssue of
or file
'ore the
apjieal
ixed to
unp at
Bon his
41. The Xova ScdUa Uiuristers' Society iiicorporatud by
Cliapter 85 of the Actn of the Li-^jslature of the I'nivinci! of Nova
Scotia for the year IS59,) shall continue as at present constituted
to he a body corporate, subject to tiie pr(;visio;i,s of this Act and to
the by-laws, resolutions, rules ami regulations of the Society in
force at the time this Act takes eil'ect, except so far as the same are
inconsistent with this Act, and until altered by the Council
pursuant to this Act.
42. All barristt.'rs and solicitors of the Supreme Court of
Nova Scotia, and all jiersons who shall hereafter lie admitted as
such barristers or solicitors, shall, so long iis they reside and
practise in the said province of Nova Scotia, l)e members of the
Society.
43. The officers of the Society shall consist of a president,
vice-president, treasurer and secretary, who shall be elected l>y
ballot at each annual aieeting of the Socieiy, but the ballot may
be dispensed with and open voting substituted by the unanimous
vote of the meeting; and if more than two candidates for any of
the offices above-named are proposed and no one receives a
majority of the votes cast, the ballot slmll be repeated until
a majority vote is arrived at. Tiie otlices of secretary and
treasurer may be held by one per- on.
44. There shall be a Council to be known as the Council of
the Nova Scotia Barristers' Society, and in addition to the ex
offi^cio members referred to in the next succeeding section of this
Act, it shall be composed of the President, Vice-President,
Treasurer, and not less than seven other barristers to be elected by
ballot at each annual meeting of the Society.
45. The Attorney General of Canada for the time being, if
a member of the Bar of Nova Scotia' and the Attorney (leneral
for the time being of Nova Scotia, shall respectively ex officio be
members of the Council.
46. No person shall be entitled to vote at any meeting of
the Society unless all his fees due to the said Society have been
paid.
40
47. (1) The Secii'taiy shall, ten days ])revions to the
annual meeting', make out and post up in the Law Library an
alphabetical list or register of the members of the liar who are
entitled to vote at the said meeting.
(2) In case any member of the Society complains to the
Secretary in writing of the improper omission or insertion of any
name in the list, it shall be the duty of the Secretary forthwith
to exai.iine into the complaint and rectify the error, if there is any,
and \v case any person is dissatisfied with the decision of the
Secretary he; may ap])eal to the Council, and the decision of the
Coui.cil shall be final, and such list shall remain or be altered iu
accordance with their decision.
(8) The Secretary shall add to the list the names of all
persons who have been called to the liar between the time when
he shall n)ake out the said list and the time of holding the annual
meeting, but no alteration shall be made in the list except as is
provided in this section, and the list as it stands revised on the
day of the holding of the annual meeting shall be the register of
persons entitled to vote at the said meeting.
(4) No person whose name is not so inserted by the
Secretary in the said list shall be entitled to speak or vote at the
annual meeting.
48. No person shall be eligible for election as a member of
the Council, or to any other office, who is not fjualitied to vote at
the annual meeting.
49. At all elections retiring members of the Council and
other officers shall be eligible for re-election.
50. Any votes cast for any person who is ineligible to be a
member of the Council, shall be null and void, and the election
of members of the Council and other officers shall be declared
as if such votes hua not been cast.
51. In case of any vacancy caused by death or otherwise
in the membership of the Council, or in any office of the Society,
it .shall be the duty of the Council or the remaining members
thereof, with all convenient speed, at a meeting to be specially
called for the purpose, to supply such vacancy by appointing any
person duly qualified under the provisions of this Act to be
the
Iry an
)n are
bo the
K any
hwith
IS any,
jof tlie
(of the
ered in
41
elected a member of the Council or to fill such offico as the case
may be and the person so appoiiiti'd to such vacancy shall liold
office for the residue of the term for which liis predecessor was
elected.
52. The personK elected at th<' annual meeting' of the
Society as members of the Council or to any otiier office, shall
hohl office for the ensuing year or until the election of their
successors.
53. At any meeting of the Society fifteen members shall
constitute a quomm thereof, and at any meeting of the Council
five members shall constitute a (|Uorum thereof.
54. The Council shall have the general mamigement of the
affairs of the Society, and may, from tiiiii' to tinie make rules
for the government of the Society and its affairs and all other
purposes connected therewith.
55. The Council may appoint such officers antl servants as
may be necessary for the mamigement of the Ijusiness and affairs
of the Society, and may prescribe their duties and fi.K their
remuneration.
56 The Council may frotu time to time make rules, regu-
lations or by-laws respecting the following matters : —
(1^ The admission of articled clerks to the study of the
law and the periods and conditions of study.
(2) The call or admission of barristers and solicitors to
practise.
(3) All matters relating to the discipline and honor of the
Bar, and the discipline and practise of barristers and solicitors
and articled clerks.
(4) The preliminary, intermediate, final and other examina-
tions of students at law or articled clerks, and the subjects of
examination and the text books to be used.
(5) The appointment of examiners to conduct such exam-
inations, the standard to be attained thereat and all matters
relatinof to the conduct of such examinations.
(6) The acceptance in lieu of any examination pre.scribed
by the Council, of the examination, degree, diploma or certificate
of any university, college, institution or other body or authority
subject to such conditions as the Council may prescribe.
VI
(7) Tl't! times nn<l plnci's for lioMiiit,' tlio preliminary,
inteniioiliiitf, final )in<l otln-r cxiunitiations.
(M) The pnl)lic»itiot\ of nil rules, re;^uliitions or by-laws of
the Society or of the Council.
57. Whenever a person, hclnt,' a barrister or a solicitor of
the Supreme C!onrt of Xova Scotia or a student at law or a clerk
servin^f undci articles, is found l»y the C/ouncil aftei* due en((uiry
hy a committee of their nuiiit>er or otherwise, <^uilty of profes-
sional miscotiduct, or of condui't unhecomini; a barrister, solicitor
or articled clerk, the Council may resolve that any such barrister
or solicitor is unworthy to practise or that he should be suspended
practising; and may refuse either absolutely or for a limited from
period to admit such artich'd clerk to the usual examinations, or
to <frant him any certificate necessary to enable him to be
admitted to practise or to move for liis admission
oJS. rpon its being lesolved by the Council that any
barrister or solicitor is unworthy to practise, a copy of the
resolution shall forthwith be communicated to the Supreme
Court, and thereupon, vvitlu)Ut any formal motion, an order of
the said Court may be drawn up striking off the rolls such
barrister or solicitor, provided that such barrister or solicitor
may at any time afterw vids apply to the sai<l Court to be
restored to practice.
59. In case the council resolves that a barrister or solicitor
should be suspended from practising for a period to be natned in
the resolution, a copy of the resolution shall be forthwith com-
municated to the Supreme Court, and thereupon, without any
formal motion an order of the said Court may be drawn up
suspending such barrister or solicitor from practising for the
said period.
60. The power by this Act conferred upon the Council to
make rules, regulations and by-laws shall include the power to
make rules, regulations and by-laws respecting the matters here-
inafter in this section enumerated, but such enumeration shall
not be deemed in any way to restrict or narrow the power con-
ferred upon the Council by this Act or by any other Act to make
any other rules regulations, or by-laws.
(rt) Fees payable to the Society on preliminary, inter-
mediate and final examinations, and upon admis-
sion to the bar, and in respect of such other
4S
h of
of
lerlc
fjiry
Ifes-
jitor
(ster
I<1C(J
l"OliJ
or
be
timttcrs, and upon such otlit-r Mccusions ns the
Council sliiill ilftt'iiiiiiu', timl tlic »iniount uml
time and nmnner of |myinent of all such t'et's.
ih) Th«' powers and duties of the <«Hieers of the said
Society,
(r) The use and niann^'einent of the Law Library.
{(l) The meeting's of the Council.
(e) The meetings of the Society.
(/) The n)anagenu't>t an<l t'.\pt.'riditure of all moneys
belonijing to the Society : and
dj) The manaf^-eint'nt of any room or apartments se^
apart in the (Jourt Hou^e for the use of th^*
Society or Council, or for tlie use of the barris-
ters or .solicitors.
01. In case a resolution authorizing^ the same is passed by
the Society at any annual meeting, or at any special meeting of
the Society duly called for considering the smne, the Council may
borrow money upon the credit of the Society, and issue the bon<ls,
debentures or other .securities of the .Society for any sums
borrowed, at such {)rices and bearing such rate of interest as
may be deemed e.xpedient, but no sucli bonds, debentures or
other securities shall be for a less sum than SIOO.OO dolJai's each,
and the Council \uiiy, under the like resolution, mortgage, liypo-
thecate or pledge the property of the Society to secure any sums
so borrowed,
62. (1) The Council may from time to time appoint such
persons, being members of the Society, as they think proper to
be editors and rept)rters of the decisions of the Supreme Court,
or of any other of the courts of the province.
(2) Such persons shall hold office at the pleasure of the
Council, ami shall be amenable to them for the correct and
faithful di.scharge of their respective duties, according to such
regulations as the Council may from time to time make in
respect thereof,
63. The Council may make regulations for printing and
publishing the reports of the said decisions, and the distribution
and sale of the reports, ami the price or mode of issuing the
same, and all such other regulations in respect thereof as they
44
may nt iiiiy time consider necessarv, ami may also make regula-
tions respectinpf tlio «luties of such editors and reporters, and
respectinj; the discharpie of such duties.
All regulations made by the Council shall he subject to the
approval of the (iovernor-in-Council, and shall have no force or
effect until so approved and published in the Koyal Gazette.
The Governor-in-Council may entnvst to the Council, or to a
committee thereof, of which committee the Attorney-General
shall be an ex-ofticio member, the expenditure of any j^rant in
uid of the printinj^ and pul'lication of the reports, upon such
conditions and under such restrictions as the Governor-in-Council
may make.
04. 'I'ho fees payable by barristers and solicitors for their
annual certificates, and on call to the bur, or admission, and by
students and articled clerks on all examinations, and all other
fees payable to or for the said Society under this Act, or under
the provisions of any other law of the Province of Nova Scotia,
shall he paid into the general fund of the said Society, and shall
be such as the Council of the Society by rule from time to time
prescribes.
()5. The Council at each annual meeting of the Society
shall lay before such meeting a statement in detail of the revenue
and expenditure of the Society for the year ending the 3 1st day
of December next preceding such statement, the same to be first
duly audited by auditors appointed by the Society at the previous
annual meeting for that purpose. «
66. The law library of the Society shall be exempt from
all civic and municipal rates, taxes and assessments of every
kind.
TAXATION OF COSTS.
67. In any action or proceeding to which a barrister or
solicitor, or any person claiming under a barrister or solicitor,
is a party, and in which any question arises respecting the amount
of the fees, costs, charges or disbursements of such barrister or
solicitor, for or in connection with any professional services
rendered or performed by him, the Court in which such action
or proceeding is pending, or any judge thereof at any time before
or at the trial or hearing, on the application of such barrister or
solicitor, or of the persson claiming under him, or of any person
or persons against whom any claim is made for or in connection
witl»|
thepl
l)e t|
M.i-
shall
taxn|
th»'
be il
or .11
re-ti|
fu la-
tin rl
the
la or
5ml
; in
45
witli Midi ffi's, costs, clmr;,'fs urnl »lisljiirsnin'iits i»r any part
tli«M*»'i)t', limy (irtlur such tVi's, co.sts, chur^es or ilislmrst'int'iits to
hu tiixcil ln't'ort' such Coiiit or .Iu<lp', or hot'oro thi; Tiixiui^
Miistt-r, or l).'t"(«rf iiiiy Juil'4" of tin* (.'ounty Court nu'l the mhiho
.shiill ht' tiixt'il iiccoidiii^ly.
6.S. Tht! ct'rtiHciit*; of the tdxinj; authority upon any such
taxation as to tlit! amount of any siu'h hill, s|ia|| Im> hin<liii;^r upon
the parties to such action or proct'tiijirij^, hut such taxation may
he rcvievviMJ ami such cfrtiticatf may h»} st't asi«h' liy the Omrt
or .Ju<l;,'t* hi'fort! whom such action or proci-cilin^r is hcar<h or a
re-taxation may he directtMl.
09. No action shall hi; hroujjht for tlif n-covery of fees,
costs, char<;es or <lishursemeiits for husiness "lone hy a harrister
or sohcitur as such, until one month aftiM- the hill tht-refor, siifiieil
^ucl
1 Itarrister or so
licit(
)r, his executor, administrator or
assiijnee, or in the case of a partnership, l.y one of the partntM's,
eitiier in his own naim; or with the name of such partnership, has
heen delivered to the party to he charged therewith, or stiiit l»y
the post to or left for him at his cuntin^-hous.'. (»fKcij of l»usiness,
dwelling house, or last known place of ahode, or has heen enclosed
in or accompanied hy a letter si<^ned in like manner referring to
such hill.
70. (I) Any bill for such fees, costs, charges or dishurse-
nients may be texed by the Taxing Master at Halifax, or hy the
Judge of the County Court for any county in which any of the
business charged for in the hill was done, ami pending such
taxation all proceedings to recover any part of said bill shall be
stayed.
(2) Such taxation may be hail at the instance of any person
claiming the whole or any portion of the amount of such hill, or
at the instance of any person from whom such au'.ount or any
portion thereof is claimed.
71. The provisions of the next two preceding sections shall
not apply to any action l»rought by a bai-rister or solicitor dgainst
any person who is absent or absconding from the Province of
Nova Scotia, or who was about to leave the Province of Nova
Scotia at the time of commencement of such action.
72. (I) Every taxing authority named in this Act is
empowered to tax and determine on any taxation under this Act
the several items and amounts claimed for such fees, costs, charges
I
4(1
or <15sl)ursf'iiii'tit«s, untwitliHtiimlitj^ no hcuIc or tariff of f«M>s iimy
1)1? now ill tun'c tln'1'fFor,
(2) Any »iit'li tuxiii^' autliority iimy iipnu iitiy siicli ttixiition
ap|)ly till' in\'\\\' (»t' fees |ir(ivii|f.| hy ( )itlt"r LXllI (as uiiifiHlcfl)
oi' the rnlis (if tlif Siipn-iiic ("oiirt, ls."S4, ya* far as siicli tiiritl'
exti'rxls atul in fairly applicalilc ; lait nil work iiiid NcrviccM
iicct'Msiirily ami i"»'as(mahly pi'ifoinifil (ir rcmlfriMJ, uiiil all
ilJNliurscmt'nts lu'ci'ssarily iticui'rt'il sliall In- allowed ami taxi'd at
H'tisuiialilt' amounts altlioU;;li hut ivcoVciaMt' as la-twi't'ii party
and party.
(.S) Two clfur day's notice of tin- taxation of niich fees,
costs, cliai'L-fs or disl)ur.semi'iits shall be ;{iven by any party
applying' to tax to the opposite party.
(4) Sulijcot to the ri;,dit of appeal, the certihc.ite of the
taxin^r authority as to the amount of such hill afttu' taxation
hhall lie Conclusive evidence of the amount payahle in respect of
the services and dishursemeiits therein f hurged for.
79. In cas(! either party havinn; due notice refuses or
neglects to attend the taxation, the taxing' authority may ta.K
the hill r.r f>i(.rfi'.
74. The costs of taxation shall he determined and fixed hy
the taxinj^' authority for lioth parties, and the costs of any party
may he in whole or in part allowed to him as the taxiiiLf authority
mav deem just, and addeil t<i or deducted from the hill as taxed.
75, The taxation of all hills hereinbefore referred to shall
V)0 subject to an appeal upon the same terms and in the same
mantu'r and sulject to the same conditions as in the case of costs
taxed by the taxing master lietween paity and party. But every
such appeal umler this Act shall be t(i the Supreme Court or to
a judgt.' thereof.
MU(
wl
to
«hi
hi
til
CO
in
sa
KKMEDIES AGAINST SOLICITUHS.
7(1. (1) Upon summary application by notice of motion at
the instance of any jierson for whom or on wdiose acc(junt any
solicitor has received any sum of money, security for money,
valuable security or document, wdiich such solicitor has failed or
nei^lected to pay or deliver to such person, the Supreme Court or
a judge thereof may order and direct such solicitor within a time
limited in sucii order to pay such .sum of nu)ney and to deliver
47
"y
.lot)
...1)
uiff
icfs
Mil
/It
•ty
MUcli H«!{'mity for morn'v, vuluuMf st'cmity or otlii-r ilocuint^iit
vvliicli fuel sliiiii hf siilistiiiitiiitc'l liy iitliiluvit, fitliiT into court <tr
to tin- piTsou Ml) ii[»,ilyifi;^' ; |»n)viil«'<l llmt no •siicli upplicutioii
hIuiII Ih' iimilc utilfss til*' party iiiukin^' tlw snuw prodiicrn with
liis atliiluvit ii c»'rtiMc»iti' i'roiii tlu' Sfcn'tur" of tin* Sitrit-ty to
the ftti'C't that siii<l chiiiii has lii'fii het'orr the ('laiticil aii<l Imm'M
con>*i<li'rt'(| hy tlit'iii. Thf ('oiiiicii shall havt! power to fvaniirii;
into Huoh c'laiiii, aixl to hear such Molicitur prt!vious to ^i-atittn({
naid ctTtiticate.
(2) Notic'*' «)t' any such m dion shall ht> scrvcil upon the
solicitor at h-ast \\vv clour <hiys hct'orc the tiinu th»'nMn HximI l'<»r
hearing such motion, atitl suhstituteW tiurvice of Huch motion may
he onlt're(|.
(M) Such onh'r may he niaih; for payment or <h'Iivery intr)
court, of any such sinn of money, security foj- money, vahiahle
Hecurity or otiiei' ilocument, although such solicitor claims a lien
tiiereon tor money payai>le to him for his professional services or
(lishursemerjts.
(4) In case a solicitor (claims such lien, the court o> .ju'ige
may also oider that the solicitor's hill for- the service in respect
of which such lien is claimeil shall lie referred tor taxation to
the Taxing Master, aM<l such hill shall thereupon he taxed hy the
Taxing Master, and the provisions in this Act contained n-spect-
ing the taxation of costs hetwei'ii solicitor aii>l client, shall apply
to such taxation. The Taxing Master shall certify to the court
or a judge the result of such taxation.
(')) Upon receiving stich certificate the court or a judges
may make such further order as may he deemed necessary
respecting the payment or de'livery of any such sum of money,
security for money, valuahle security or dociniieiit so received hy
such solicitor, or i'esj)ecting the payue-nt or deduction of any
uioount found due to such solicitor upon such taxation, or
respecting any matter connected therewith.
(0) In case any such solicitor shall faii to comply with any
such order he may he punisheil as for contempt of court, anti he
may also he forthwith struck (jti' the rtjll or susj)ended from
practise for such period as the court or a judge may determine.
(7) Nothing in this section contanied shall ahridge the
powers now possessed hy any court or judge respecting any of
the matters therein referred to.
It
48
77 (1) V\»)n sni.'inary iipplication l»y notlco of inotioit
tl»«' Suprt'iin' Court iimy ^tiiki* tin* luuiie ol' uny IturrinU'r «»r
Holicitor off tlu' rolls for nny ;<H'«'iic«' in respti t of wliicli «ucli
)iiiiiiHl)iiit'iit coiiM liitliorto liiivo l»fOM iiitlicti'ii,
(2) Such Nniiiiimry iippiiciitioii nmy Im> iimi|i> in llii> muno
of tlic Sociity utiijir tlu> )iiithority of tli«> Council w in the
naiiH- of liny pt'r"<on, atid wlntlu'r th»' iiiiitt«'r in n-npfct of which
tilt' i)fh'!i('i' is iillt'^fij to liiivf 1 n coMiinciict'ij is u cuun", action
or proct'ciliii^ in court or not.
7m. (I) In niso any p«Tsnn roinnicnofM, prnsccutos, carrion
on or ilfirini in his own nu. or In tliut of any other person,
any action or procfctlinj; in any court in this province witliout
lit'in)^' a)lniittt><l arxl enrollfij n nl i-ntiticil to practise us u solicitor,
he is ;^iiilty of a contempt of the court in which such action or
p)'oc Iin;4 hiiM heen coninienefil, prosecuteil, (|*'fcnile<l or ciirrie<l
on, iiml he is punishahh; aecurilingly upon Nummary application
as proviile«l in the last prt'ceilin^ s»!Ction.
(2) Nothing in this Act shall prevent any pernon from
commencing', prosecutini;, ilefcnditij^ or carryinj^ on as a piirty,
any action or proceeiliui,' to which such person is a party as
pUiintilf* or •lefcndttnt or otherwiise.
70. (1) In tlie event of any C(»m{)laint heintr ni.uh' against
II burrister or solicitor with respect to his professional contiuct,
or i«<r the violation of any provision of this Act, or of any rule
or regulation or by-law made under this Act or under any of tho
Acts hereby repealed, or in respect of conduct which either at
common law or by statutr, or by any rules, regulations or l)y-
laws made under the authority of this act or ar>y of the Acts
hereby repeahsd, would render such pc^rson liable to be struck off
tiie rolls or suspend»'d as such barrister or solicitor, such complaint
may l>t' nuule in wi'iting, and tihid with the Se('r«'tary, and the
C()uncil shall investigate such complaint afti-r at least ten days'
notice to the party complained of. The evidence shall be taken
under oath, and shall be reduced to writing. The Council may
pass such resolution or make such orler respecting matters
aforesaid as shall seem just, and may resolve that the person
complaineil of is ujiw(jrtliy to j)ractise and should be struck otf
tlie roll, or should be suspended from practising for such period
as the Council inay think proper, or may censure tlie person
complained of, or m ly suspend or expel him from the Society,
(2) Upon any such inquiry, the Council may examine
49
witi)«'NMi>H ninl«r oath. The titt<>n<liuici> nf Hiirfi witn«>4<<t«4 iuhI tl»«»
pi'iiilucliiiii of liny lMH»k<«, |iii|i<'r<« or otlM-r ilociiiiD'tits, imiy !•<•
I'liforci'il |»y III! onliT of the ()oiiii(mI, is>iU)'<l iinilrr tlic liuinl of
till' I'n'Nidcrit iiiiii tlii^ si'dl ot tin- SooM'ty, Aiiv |M«r'«o»i fniliti;; tt>
nttt'tnl in olifliftici' to hih-Ii otili-r or rcfii'sinj; to \m> Nwori , or to
iiriHWcr liny i|in'>ttior» ullowr.l upon sncli ini|uiry, or to pioiliirf
nny iMniks, puixTH or otln-r tlociinifiilN, or otlifiwiMi to roinply
witli siicli oi)|i>r, kIihII incur n pfnuUy of fuiir luinitn'-l lollars
to Im' ri'Covi'rt i| us u ildit in tin- niinif of ilii> Sncicty. I'pon tin'
ciTtiticiiti' of till' i'r«-sii|<>nt, timt uny p«-ison Ims fiiili'il to iitt«'n<l
or Imj MWorn, or to iinsw«T nny lUcHtion, or to pro<lii('«' ntty Itookn,
pipt-rs or other <lopmiH'ntH, or hus othiTwi'' l'.iih'<I to coinpiv
with Hiirh orih-r, iijul;,'!? of the Suprriin> ('oiirt niiiy is^ui' m
onh^r <lir«'ctin^ tho p«'rson so fnilin^' or r-fiinin^' to comply with
Miu;h orth*r in renpfct of the iniittfrs iihovu in«>tition(>i|, or I'ithcr
of thi'ni, to comply thi>rrvvith in thi> munnrr in ^nch orih>r
proviijiMl, and iJiHolinlicnci' (if any such onliT minlf hy »i jiidj^c,
liniy Ik> piiiiishcil us for contempt of Cotsrt.
(•i) Nolhin<^ hi'i't'in cimtuini'il shull prevent tin iipplictitioti
hcin'f niiidc in thi> tii-st instance to the ('onrt to strike the nam«!
of I', hiirristcr or solicitor oH" the rolls uinlcr the present pnictice.
ACKNOWI.KIMJMKNTS. &c.
NO. I'jVerv solicitor mav take acknoNvieiL'metits of married
Women of the execiJtion of deeds throUj^hout this Province, and
may administer oaths to Mjhscrihinj; witnesses to <h;eds re! itive
to the execution of the samtj throughout this Province, imd may
certify all such acknowledgements of nuirried women and of tho
iittestiition of such witnesses in the same manner and to the same
extent as a justice of the peace is now authorized to do. No fee
shall l»e chur^'«'d or taken hy uny solicitor for services performed
under this section.
KEFKAL.
SI. (1) This Act shall cume into force upon the first day
of July, A. 1)., lcS9<J.
(2) Upon tho said date the enactments mentioned in the
Schedule to this chapter shall be repealiMl to tlu; extent in the
second column of that Schedule mentioned ; hut such repeal shall
be subject to the couditions and i|ualiHcationb hereinafter
provided.
50
(8) All officers and persons acting under the said chapter
■•.nd Acts luTehy repealed shall continue to act as if oppointed
under this Act until others are appointed in their stead, and
all proceedin<:;s taken under the said chapter or Acts, sliall
be taken up and continued under tins Act when not incon-
sistont therewith; and all penalties and forfeitures may be
recovered, and all proceedings had in relation to matters which
shall have happened before the said repeal, in the same manner
as if the said chapter and Acts hereby repealed were still in
force.
(4) All by-laws, orders, i .gulations, rules and ordinances
made under the said chapter and Acts hereby repealed, shall
continue good and valid in so far as they are not inconsistent
with this Act, until they are annulled or others made in their
stead.
(5) No offence committed and no penalty or forfeiture
incurred, and no proceeding pending und(!r the said cliaptor and
Acts hereby ropeulerl, or under any regulation made thereunder,
shall be affected by the suid repeal.
SCHEDULE.
Book ind Cluqiter.
1870, C. 86,
R. S., C. 108,
18«.5, C. 20,
1886, C. 3.5,
1887, C. 24,
1888, C. 34,
1891, C. 22,
1892, C. 14,
1893, C. C. 26, 27,
1895, C. 30,
1898, C. 9.
Extent of Repeal.
The whole.
II
II
II
II
II
II
II
n
!l
INDEX TO RULES.
RULKS.
Accounts of .Society, 20, 22, 24
AdniiHsion of UarristeiH an<l Solicitors 40-44
Annual Meeting of Society 5
Articles of CleikHliip— Form A 45
" " AsH'gnment of Form B. . ., 45
Bank of Society 22, 23
Barrister, Swearing in of 44
Barrister — (see Admission of Barristers k Solicitors.)
Certificates to Stu.lents 38, 39, 40, 42, 43, 49, & Forms.
Certificates to Barristers 47, 48— Forms J. and K.
KXAMINATIO.NS : —
Preliminary 86
Intermediate 37
Final 38
(General provisions 39
Fees prescribed 49
FoKMS :—
Articles of Clerkship— Form "A."
Assignment of Articles " " B."
Artidavit of Applicant " " C."
Certificate of Secretary of N. S. Barristers
I'AOK.
8.
14.
15, 17.
15, 19.
8.
14.
13, 14, 23, 24, 25,
15, 27.
10, 11.
11, 12.
12, 1.3.
13.
15.
Society Form
Treasurer "
Barristei "
that applicant holds
Degree "
*' of Prothonotary . . "
Order for Admission "
Certificate under Sec. 27 of Act. "
i( it it 20 " "
45
15, 17
45
15, 19
46
15, 21
'isters
"D."
46
15, 2.3.
"E "
46
15, 23
'.' F."
46
15, 24.
"G."
46
15, 24.
"H."
46
15,25.
<< J "
46
15, 26.
"J."
47
15 27.
" K."
48
15, 27.
Interpretation .
LiBRARV : —
Duties of Librarian 24-35
Council have surpervision of 25
Houis to be kept open 26
When closed 27
No Conversation in 28
Books how taken out of .30, 31, 32
Books to be signed for 30, 31, 32
Use of restricted to Barristers, &c 33
Purchase of Books for 34
Librarian to report infri.'gement 35
5.
8, 9, 10.
8.
9.
9.
9.
9.
9.
9.
10.
10.
52
INI>K\ TO KI'I.KS.
|{i ;,i;s.
MKKTINtiS OK Sui'iKTV: —
Aiinuitl, wlien Ih'M 5
Siteciiil, liow ciillod .... (i, 7
Notii.e, callinj,' H
Mimilt'H to l»t! signed l)y I'risiilcnt D
Onler of i)r<KX'e< lings It)
Prooi'iMlingH at II
I'rt'sidiiig OfKcer 17
Mkktinos ok the Corscii. : —
How culled ' 12, 13,
Notiir, calling 14,15,
I'rocfudings at l(j
Prt!siding Orticer 17
Rki'okts : —
Of Treasurer 20
Of Council, &c 10
Of Liluarian 35
Seal of So(;iet> ^,4
Seat of Society 2
Se<'iiktarv : —
Duties of IS
Salary I'J
Tkkas(;kkk :—
Duties of 20
Security t<» \n'. given hy 21
To deposit all monies ti2
Monies, how drawn from Hank 23
I'AtiK.
8.
f), 6.
0.
6.
6.
6.
7.
6.
7.
7.
7.
8.
6.
10.
5.
S.
7.
7.
7.
8.
8.
8.
An
Ar
Ah
INDEX TO STATUTES.
Section. Page.
A :(;ounts of Society 60 44,
Acknowledgements, &c 80 49,
Admission ok Barristers and Soucitors : —
Must he fluly admitted 7
Cannot practice after heing struck off Roll 7
Must serve under articles 8, 13 2!), 30.
Articles must ho filed .... 9 29.
Preliminarv Kxaniinatiou 9, 13 29, 30.
Fc'js to he pai<l Treasurer 9, 18 29, 33.
Term of Service under Articles 10, 13 30.
Death of Solicitor II 30.
29.
•'0
A
A
A
I
1
1
63
INHKX TO NTATIiTKS,
Sl< THIS.
Aj^c on (uliDiHsion I*i
Hiicliiilor of Alts i:»
Hiiclielor of LawH 13
Stinlonts not to be oiiga^'d in other fmplciyinetit l.'J
Iiileriiieiliiitf Kxaniinatioii IH
Final Kxaniirmtion
(.'eititicatfs ii!<(iiire(l
1»
13
Hun isteiH of ( Jicat Hritain 14
of H. M. (JoIonioH 14
Ailicled (Mfiks from other I'lovineoH
Oatli on ailiiiiii.sion
i;
Must
uyn
Koll.
I!)
(Jertifieate of AdiniHsion -'•
Fee to Prothonotary on '^*
(See Articles of Clerkshii) and Soli< ilors.)
Annual Statements (•'">
I'AtiK.
au.
30.
30.
31.
81.
31.
31.
81.
31.
32.
83.
33.
33.
44.
Artici.ek Ci.ehks : —
Defined 1
From otiier Provinces of Canada li'»
(See Admission and Articles.)
Akti(I.r.s ok Ci.KKKsmi' : —
Service under
May Ik; assigned
Preliminary Kxaminalion
Kxaminalion in lieu of J'reliminary
Filing of
Term of service under
Assignment of to lie fileil
New Articles in case of death of Solicitor
New Articles to he filed
Timti served in other Province of Canada
(See admission of Hai-iisters and Solicittirs. )
Attorney (Jentral of Dominion precedence of
Attorney (Jeneral of Province precedence of
Audit
Bachelor of Arts 13
Bachelor of Lavv.s
Barristers — (see Admission and Solicitor.)
Bahrlstek.s of Great Britain and Irki-anu :^
Right to lie a<lmittcd 14
Fees payable by on admission 14
Must be in gooil standing 14
Barrister A.ttornky or Solicitor of Colonies : —
Right to be admitted as Solicitors 14
Must produce Satisfactory Evidence 14
Must be in good standing 14
Must have served unil?r articles 14
Must pass Final Examination 14
Fees payable by 14
2*.
32.
8
'JO
8
29
9
29
»
29
9
29
10, i:i
30
10
30
11
30
11
30
1-)
32
3
28
3
29
Gf)
44
13
30
13
.30
31.
31.
31.
31.
31.
31.
31.
31.
32.
54
INDKX TO STATl'TKM.
8KCTION.
Barristkk <»k C(>i,(inikh :—
\iinUl to 1)0 ndniiltfd iih HairistorH 14
Rccipiociil arningonKMilH 14
Must produce aatisfuc'toiy evidence 14
Must he in j^ood Htaiiding 14
Ki!CH payable liy 14
Co ITS :— Taxation or
Ah lietween Solicit i ind Client 6" ITi
("crtiticate of Taxing autlioiity binding 68, 12
Signed liill to be deliveriMl JMjfoie action 69
liy wiioni taxed 70
Action against ab^ioondiiig debtor for 71
Taiitr 72
Notice of taxation . 72
Kxpaite taxation 73
Appeal from 7<'>
CiiUNcii. :—
Defined 1
I'ower of as to Clerks fioin otlior Provinces 15
Power to iliHpenHO witli conditions, &c li)
Power to relieve Barristers from payment of fees du'^
prior to Daccmber 31st. 1898 27
Kleclion of 44-52
Powers of 54-63
Quorum 53
Kules and Re;^ulations by 56, 60
Professional misconduct 57-59
Heporting 62, 63
Power to regulate fees . 64
(See Nova Scotia Barristers Society.)
EXAMINATION.S : —
Preliminary 9, 13
Intermediate 13
Final 13, 14
Pa(ik.
32.
32.
32.
32.
32.
44-46.
45.
45.
45.
45.
45.
46.
46.
46.
28.
32.
32.
34.
39-41.
41 43.
41.
41, 42
42.
43.
44.
29, 31.
3).
31.
1
f
pR
Pk
PR<
1
I
Pr<
Fkks ;
Preliminary Examination 9, 10
Certificate of i)aymorit to be jiroduced 10, 13
Payable on admission by Barristers and Solicitors from
other colonies 14
Clerks from otiier Provinces 15
To be paid before admission 18
Tnterpictation .
I
29, 30.
30, 31.
32.
32.
33.
28.
I
QlT.
Law LinRAHY : —
Exempt from taxation.
66
44.
Nova Scotia Barhistkrs Society :
Incorporation continued 41 39.
Members of . . . .... 42 3B.
66
IK.
46.
Hi
41.
43.
, 42
31.
30.
31.
1
INDKX T(» HTATITTRS.
.si:< HON.
Offii^erH of -. 43
Election of Oflicors 43
L'oiuicil of 44
Kx-ollicio mciiil)orfl of C"o(ini;il 4")
Wiio entitled t<i vote at meetings 4(1
Secretary to post list of voters ... 47
(jiialitieation of (jouncil 4S
Retiring nicinljors eligihle 41>
Votes for ineligible person ,')0
Vacancies, how tilled 51
Term of Otlice ')2
Quorum of Society and Council i')3
p!)wers of CouTicit .')4 (53
Borrowing of Money (il
Appointment of Reporter-) (i2
Regulations regarding reporting (13
Fees, regulation of 04
Annual Statement Oo
pRKCKDKhCE :—
Attorney (Jeneral of Canada 3
" " Nova Scotia 3
(Queens Council 3
Otlier memliers of Itar 3
Counsel for Her Majesty not allecled (i
ProKKSSIONAI, MlSCOMUK'T : —
CoiUicil to investigate 57
Court may strike of Rolls on report of Council for . . . .'>S
Suspending Harristcr for 5!(
(Sec Remedies against Solicitors and Qunlitication t(j practice.)
Pkotuonotaky at Halifax : —
Fee on admission of Barrister 20
May have student if a Solicitor "J'J
To deliver list.-* to Secretary "24
To obliterate stamps 39, 40
PkoTIUiNUTARY's and CliKKKS:
To report to Secretary 33
Qualification to Fkautk.'e :—
Barrister must take out Certificate annually 27
Certiticate to be issued by Secretary 27
Annual fees to be paid 27, 28
Power of Council to relieve from payn'ent of fees due
prior to 31st l)ec., 1808 27
Amount of Annual Fees 28
First Certificate after admission 29
Penalty if Certificate not taken out before July 1st. . . 30
Where deemed to be practising 30
Penalty for practising without Certificate 31, 32
Prisoners disqualified 34
Barristers suspended cannot practice 34
Penalty for practising while dis(^ualified .34
Penalty for acting as Agent of disqualified person .... 35
(See Remedies against Solicitors.)
I'AUK.
39.
39.
39.
39.
39.
40.
40.
40.
40.
40.
41.
41.
41-43.
43.
43.
43,
44.
44.
29.
29.
2!».
29.
29.
42.
42.
42.
.33.
34.
34.
38.
36.
34.
3.5.
35.
35.
35.
35.
35.
.36.
36.
37.
37.
37.
37.
44.
56
* INHKX TO ST.Vri'TKM.
SKrTION. r.\OR
(Jt'KENS ('oi'NMKI. : -
liiciitciiaiit <iiiv('rniii' nwiy iippoiiit 2 88,
I'lTCI'lIclllC of 3 88>
Must l(c ten yt'iiiH at Hiir fl 89.
Kkmkhiks AtJAivsT S(ir,i(iToi!s : —
Mav lit- onliTcd to pay nioru'V into ('oiir» 76 46>
Taxation of (.'((HtH '. 76 47.
Penalty 7H 47.
May !)«• «t ruck otr KoIIh 77 70 4N.
Tinalty for praitiHirig without «iunlifi(:iition 'H 48.
(Sou (jualilicution to prui'tiHtt. )
H.'P<-al 81 49, no.
|{KroRTiN<; :—
Appointuu nt of Hrpoiters , (i'J, (W 4.1, 44.
Kfgulations rvj^iinling (}.'{ 43.
Skcrktakv ; —
Art itlfs to hf tiled with 10 80.
Ahsijirnnents to lie lileil uitli . I(» 30.
New Artiiles to lih-il Willi II .SO.
To enter lists in Hooks 25, 2(> IH.
To piisl lists in LiWiary ind l'rnthonotar.\H Otticis iJti 34.
'l"o issue ( ertiticates to barristers 2(1 34.
Voters list to he posti-il in Lihraiy 47 40.
.Solicitous : —
Kntitlod to he adniitteil as Harristor 16 33.
Oath on admission 17 88.
Ft e< to he paid liefore admission IS 38.
Mnslsij^n Roll I!> 83.
Certitieates of admission 20 38.
Kntith'd to praetici! in all Courts 21 38.
C V)ntrol of Courts over 21 83.
Court may suspend, strike od' Roll, &e 21 83.
May sue for fees &e , w lu!n '! 21 88.
Nuiid)er of Articled Clerks 22 34.
Not to permit any j)erson not a Solicitor to use name. 2.3 34.
Acknowledgements hy 80 49.
(8ee Admission of Harristors ard Solicitors, (k)ualiticat ion to practice,
and Kemedies against Solicitors.)
Stami's : —
On Writs of Summons in Halifax ... ,36 38.
Sold hy Librarian 37 38.
No Writ to he issued without 3S 38.
Ohliteration of .3!) 38.
On printed Cases 40 38.
Taxation of costs. (See costs taxation of) 67 44.
Taxation Law Library, exempt from 66 44.
>
f.\CiK
•28.
2H.
'M.
49, no.
J3, 44.
13.