IMAGE EVALUATION TEST TARGET (MT-S) 1.0 1.25 IM Li 12.8 ■u lU 12.2 !!; Ufi 12.0 u U 11.6 FhotDgraphic Sciences Corporalion 23 WIST MAIN STREET WEBSTER, N.Y. MSSO (716) 872-4S03 •.^v ^ 4^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical IVIicroreproductions / Institut Canadian de microreproductions historiques :\ \ vV T«chnical and Bibliographic Notat/Notat tacliniquaa at bibiiographiquaa Tha Instituta haa attamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which mav altar any of tha imagas in tha raproducti(2!n, or which may significantly changa tha usual mathod of filming, ara chackad balow. 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This item Is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indlqu* ci-dessous. 10X 14X 18X 22X MX 30X I L.1 12X 16X 20X 24X 28X 32X air* I details iuat du t modifier igar una • fiimaga 1/ utea n reproduced thankt lira by errata lad to snt jne paiura, a9on d The copy filmed here has bee to the generosity of: Nova Scotia Public Archival The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ^^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning In the upper left hand corner, ;aft to right and top to bottom, as many frames as required. The following diagrams illustrate the method: 1 2 3 L'exemplaire film* fut reproduit grice A la gAnArositA de: Nova Scotia Public Archivas Les images suivantas ont ixi raproduites avec le plus grand soin, compte tenu de la condition at de la nettet^ de lexemplaire filmA, et en conformity avec les conditions du contrat de filmege. Les exemplaires originaux dont la couverture en papier est imprimAe sont filmAs en commen^ant par le premier plat et en terminant soit par la dN. (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 iin9," 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 " l0, 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>(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 f tlir <*uiiiicil hIiuII hv «iinici»'Ut« ly ^ivcii if till' Niiti'.c is iiiiiiJtMl |iM>aiil to, m i|t>livif 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*'sitin^<( 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, Any 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\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 aiia.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 anrni 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 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\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 utliwith 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'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 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}^ «• 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(piireas.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 \m iniiiiittt'd iis u iturriHtor. 17. liufdio any |u»rsi>n in ft< 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 ;mctiHiny hin |>rof«» 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 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
  • 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 nner 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 t an hins 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 scrvcil upon the solicitor at h-ast \\vv clour 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, aMl 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 ; iimi|i> in llii> muno of tlic Sociity utiijir tlu> )iiithority of tli«> Council w in the naiiH- of liny pt'r"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 nf Hiirfi witn«>4<iU)' 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 ('oiirt niiiy is^ui' m onh^r 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 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 ^,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 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 ai,(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 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 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.