LEGAL PRACTITIONERS ORDINANCE, 1871
Title
LEGAL PRACTITIONERS ORDINANCE, 1871
Description
No. 1 of 1871.
To consolidate and amend the Laws relating to the Legal Pro-
fession. [29th May,1871.]
1. The Legal Practitioners Ordinance,1871.
2.In this Oridnance-
'The Court' means the Supreme Court,and includes any of the
Judges sitting together or separately in Court or in Chambers: 'The Registrat' means the Registrar of the Court:
'Articles' includes any contract in writing whereby any person
is bound ro serve as a clerk to a solicitor:
'Solicitor' means a solicitor qualified to practice in this Colony
according to law:
'Client' includes any person who,as a principal,or on behalf of
another person,or as trustee or executor,or in any other capacity,
has power,express or implied,to retain or employ, and retains or
employs,or is about to retain or employ,a solicitor,and any person
for the time being liable to pay a solicitor for his services any costs,
remuneration,charges,expenses,or disbursements:
'Party' includes a body of persons corporate or unincorporate:
'Costs' include all moneys,by whether name called,which a
client pays or is liable to pay to a solicitor for,or in respect of,or
in anticipation of servoces rendered or to be rendered to him by such
solicitor,or for or in respect of any fees,charged,or disbursements
paid is made,or to be paid or made,by such solicitor for him or on
his behalf.
'Mortgage' includes any charge on any property for securing
money or money's worth.
Service and examination of Articled Clerks.
3.-(1)The Chief Justice may make regulations,subject to the
approval of the Legislative Council,for the preliminary examination
of persons intending to become bound under articles of clerkship to
solicitors,in order ro ascertain the fitness of such person to become
so bound,having regard to their general learning and education and
to their character and conduct.
(2)Articles whereby any person may be bound to serve any
solicitor without having passed such preliminary examination ,or
without having obtained an oprder from the Chief Justice dispensing
with such examination,shall be null and void.
4.Any person,being a British subject,who has for the term of 5
years been a bona fide clerk to a solicitor practising in this Colony
and during that term has been bona fide engaged in the transaction
and performance,under the direction and superintendent of such
solicitor,of such matters of business as are usually transacted and
performed by solicitors, and who produces to the Chief Justice satis-
factory evidence that he has faithfully,honestly,and diligently
served as such clerk, bu exempted from any preliminary exami-
nation.
5.-(1) Articles whereby any person becomes bound to serve as
a clerk to any solicitor,and every assignment thercof, shall be pro-
duced to the Registrar within one month after the same have been
executed,and the person so bound as aforesaid shall,within the said
period,make and duly swear, or cause to be made and duly sworn,
an affidavit, of such solicitor having been duly admitted ,and also of
the actual execution of the articles or assignment by the parties
thereto.
(2) In every such affidavit there shall be specified the names of
such solicitor and of person so bound and the day on which such
articles or assignment were or was actually executed, and such
person shall also, within the said period,file the said affidavit in the
Court.
6.-(1)Within the said period of one month and on the filing
of the affidavit required by the last section and the payment of the
prescribed fees, the Registrar shall enrol and register the articles
or assignment ,and shall make and sign a memorandum thereon and
on the affidavit of the day on which the same was filed.
(2) The Registrar shall likewise enter the named of the parties
to and the date of such articles or assignment and the term of ser-
vice in a book to he kept for that purpose, and shall mark such
articles or assignment as having been so entered, with the date
thereof,and the said shall be open to public inspection during
office hours without fee or reward.
7. The formalities presecribed by the last two sections may be
observed and performed after the expiration of the period of one
month therein specifed, by leave of the Chief Justice, but the ser-
vice of the clerk so bound as aforesaid shall he reckoned to commence
and be computed from the date when such leave is granted or, in
the case of an assignment, his service shall be suspended from the
expiration of the said period of one month until the date when suell
leave is granted, unless the Chief Justice otherwise orders.
8.No person bound by articles of clerkship to any solicitor as
aforesaid shall, during the term of servien mentioned in such
articles, hold any omee or engage in any employment whatsoever
other than the employment of clerk to such solicitor and his part-
ners, if any, in the business, practice, or employment of a solicitor.
9. In case any solicitor to whom any clerk is articled becomes
bankrupt before the expiration of the term, or executes a trust deed
for the benefit of his creditors under any Ordinance relating to
bankruptcy, or is imprisoned for debt and remains in prison for
the space of 21 days, it shall be lawful for the Court, on the appli-
cation of such clerk, to order and direct the articles to be discharged
or assigned to such person,on such terms,and in such manner,
as the Court thinks fit.
10. The Chief Justice may make regulations,subject to the
approval of the Legislative Council,for the final examination of
persons who have been bound by articles of clerkship for a period
of 5 years as aforesaid, in order to ascertain the fitness of such
persons for admission to practise, as solicitors in the Court, having
due regard to their general learning and education, their Character
and conduct, their professional knowledge, the, length and assiduity
of their service, and their other credentials.
11. The Attorney General and any two or more fit persons, to
be appointed as occasion may require by the Chief Justice in writ-
ing and under the seal of the Court, shall be examiners for the
purposes of this Ordinance, and they shall be entitled to received by
way of remuneration for their services such sum out of the public
revenue as the Governor-in-Council may direct.
12. Until regulations of such preliminary and final examina-
tions are made as aforesaid and so far as the same may be
incomplete and may omit to provide for any particular matters or
things, the examiners may confirm themselves so far as may be
practicable, to the regulations by which the examinations of
persons intending to become bound under articles of clerkship, and
of candidates for admission to practise as solicitors in England are
respectively governed and directed.
13.-(1) The examiners shall certify the result of every such
preliminary or final examination to the Court within one week from
the completiion of the same or within such further time as the Court
may allow.
(2) Every such certificate shall be in writing signed by the
examiners or any two or more of them,of whom the Attorney 0
General shall be one, and shall state to the effect that the examin-
ers or the majority of them find that the candidate is or is not fit
to become bound under articles as aforesaid or to act as a solicitor,
as the case may be, or that the examiners have not been able to
come to any finding as to his fitness in that behalf.
14. If the examiners or the majority of them present at any such
final examination find that the candidate is fit, he shall be admitted
to practise accordingly; but if they or the said majority find that
he is not fit or come to no finding, the candidate may, on his peti-
tion to the Court, be heard in support of his qualification and claim
to such admission; and if the Court evrants the prayer of his
petitlon, he shall be admitted accordingly,notwithstanding any
such finding or want of finding as aforesaid.
15. Except in any case where the Court, on special application,
gives, leave to the contrary, no admission shall be granted, whether
on such certificate or on such petition as aforesaid, after the expira-
tion of one month from the date of the return of the certificate or
the date of the order made on the petition, as the case may be.
16. Every candidate for admission as a solicitor shall give one
month's notice in writing to the Registrar of his intention to apply
for examination and admission, and shall cause a like notice to be
inserted three times in the Gazette and in a public newspaper of
the Colony: Provided always that the Chief Justice may, on any
special grounds,make an order dispensing with all or any of the
formalities prescribed by this section.
17. Every such candidate who has given notice of such his inten-
tion and who has not attended to be examined, or has not passed
the examination,or has not been admitted,may, but not within 6
months after such notice given,renew the notice for examination
and admission, and so from time to time as often as he may think
proper : Provided always that if any such person has been prevent-
ed from attending to be examined as aforesaid by reason of sickness
or other unavoidable cause, it shall be lawful for the Chief Justice
to permit such notice to be renewed within the said period of 6
months.
18. Every such candidate who has served part of the period
of 5 years as an articled clerk to a solicitor practising in
Great Britain or Ireland, and the other part to a solicitor
practising in this Colony, shall, in addition to the formalities
prescribed by sections 5 and 6 in respect of the articles therein
mentioned, and before he can be admitted and enrolled, produce to
the Registrar the articles under which he has become bound to such
solicitor practising in Great Britain or Ireland and every assign-
ment thereof, and shall make and swear, or duly cause to be made
amd sworn, such affidavits in relation thereto as are preseribed by
section 5 in respect of the articles therrein mentioned; and the
provisions of section 6 shall likewsie apply to articles whereby
such candidate has been bound to serve any solicitor practising in
Great Britain or Ireland and to any assignment thereof : Provided
always that the Chief Justice may, on special grounds and on such
conditions as he may think proper, exempt any such person from
complying with the formalities prescribed by this section, either
absolutely or for any specified period.
19.-(1) Every such candidate shall, before he can be admitted
and enrolled, prove by an affidavit of himself or of the solicitor or
solicitors practising in Great Britain or Ireland or in this Colony
to whom he was bound, to be duly made and filed in the Court, that
he has actually and really served and been employed by such practis-
ing solicitor or solicitors during the period of 5 years required by
this Ordinance, and that he has not during such period held any
office or been engaged in any employment whatsoever other than
the employment of clerk to such solicitor or solicitors and his or
their partner or partners,if any, in the business,practice, or em-
ployment of a solicitor.
(2) The affidavit shall be in such form as may be approved by the
Chief Justice.
Adiission of Barristers, Solicitors, and Notaries Public.
20. No person shall practise in this Colony as a barrister or solici-
tor unless he has been approved, admitted, and enrolled by the
Court, or as a notary public unless he has been registered, under the
provisions of this Ordinance.
21. The Court shall have power to approve, admit, and enrol such
persons as have been admitted barristers or advocates in Great
Britain or Ireland to practise as barristers, and such persons as have
been admitted as attorneys, solicitors, or writers in one of the Courts
at London, Dublin, or Edinburgh,or as proctors in any Ecclesiasti-
cal Court in England, to practise as solicitors in the Court.
The word 'writers' in this section shall be deemed to include
'law agents' as defined in section 1 of the Act 36 and 37 Victoria,
chapter 63.
22. Every person who desires to be admitted under the last section
to practise in the Court shall deposit with the Registrar his certifi-
cate of call to the bar or of his admission as an attorney, solicitor,
writer or proctor,and shall file in the Court an affidavit of identity
in such form as may be approved by the Chief Jastice: Provided
always that the Chief Justice may, on special grounds and on such
conditions as he may think proper, exempt any such person from
complying with the formalities prescribed by this section, either
absolutely or for any specified period.
23. The Court shall have power to admit and enrol as a solicitor
any person, being a British subject, who has actually exclusively
and bona fide served for the period of 5 years as a clerk under articles
to any solicitor actually practising in the Colony, or part of such
period of 5 years under articles to such solicitor and the other part
under articles to any solicitor actually practising in Great Britain
or Ireland, and who has been examined and sworn in the manner
herein directed,and has fulfilled all the conditions of this Ordinance
in relation to such admission.
24. Every person who applies to be admitted and enrolled under
section 21 or under the last section as a solicitor shall, before ad-
mission and enrolment, subscribe the oath of allegiance in the form
prescribed by the Promissory Oaths Ordinance, 1869, and also the
oath following:-
1, A.B., do swear [or solemnly,sincerely, and truly declare
and affirm] that I will truly and honestly demean myself
in the practice of solicitor,according to the best of my
knowledge and ability. So help me God [these words are
to be omitted in the case of a seclaration or affirmation].
25. The Registrar shall keep a special book for the registration
of notaries public,and every notary public who produces his not-
arial faculty, and files in the Court an affidavit of identity in such
form as may be approved by the Chief Justice,shall,on payment
of the prescribed fee, be entitled to be registered therein.
Practice of Barristerd,Solicitors,and Notaries Public.
26. It shall be lawful for any person admitted and enrolled by
the Court as a barrister or as a solicitor to practice as such respec-
tively in the Courts.
27. Every person who,-
(1) either directly or indirectly,practises or acts as a barrister
or solicitor, without having been admitted and enrolled,or as a
notary public, without having been duly registered ; or,
(2) without possessing any qualification as a barrister,solicitor,
or nolary public, acts as such or prepares any document whatsoever
for fee or reward,
shall be liable for every such offence to forfeit a penalty of
200 dollars: Provided that no proceedings for the recovery thereof
shall be instituted without the consent of the Attorney General.
28. The rules of the legal profession and the laws now in force in
relation to the practice of barristers and solicitors admitted and en-
rolled by the Court shall be modified to the extent mentioned in
the next two sections.
29.-(1) A barrister may, without the intervention of a solicitor,
hold consultations with clients and give opinions in all matters what-
ever.
(2) A barrister may, without the intervention of a solicitor, ap-
pear for a client in all criminal proceedings before the Court, and
in all civil proceedings in the Court, in its Summary Jurisdiction,
and in all proceedings whatsoever before any Court of inferior jurisdic-
tion.
(3) A barrister may receive fees directly from a client for pro-
fessional business which he may transact without the intervention
of a solicitor.
(4) No barrister shall practise as a notary public.
30.-(1) A solicitor may practise as all advocate in the Court in
its Summary Jurisdiction.
(2) No solicitor who is admitted and enrolled shall, while in the
employment of another solicitor, practise on his own account or in
his own naine or transact any legal business otherwise than as clerk
to such other solicitor.
Taxation and recovery of Solicitors' costs.
31. On any taxation of costs, the taxing officer may, in deter-
mining the remuneration, if any, to be allowed to a solicitor for
his services, have regard, subject to any general rules or orders,
to the skill, labour, and responsibility involved.
32. If any person is desirous of obtaining, under section 51, the
taxation of a bill of fees, charges, or disbursements, for any busi-
ness whatsoever done by a solicitor, whether in an action or not
in an action or relating thereto, it shall not be necessary for such
person to apply to the Court for any order in that behalf; but he
shall be at liberty to refer such bill of his own authority to the
Registrar or other taxing officer of the Court, who sball thereupon.
proceed to tax the same in like inanner as he would have done
under an order of reference for that purpose in conformity witb
the enactments referred to in section 51.
33.-(1) In Every case in which a solicitor is employed to pro-
secute or defend any action, watter, or proceeding in Court, it shall
be lawful for the Court, to declare such solicitor entitled to a charge
upon the property recovered or preserved, and, on such declaration
being made, such solicitor shall have a charge upon and against,
and a right to payment out of the property, of whatsoever nature,
tenure, or kind the same may be, which may have been recovered
or preserved through the instrumentality of such solicitor, for the
taxed costs of or in reference to such action, matter, or proceeding.
(2) It shall be lawful for the Court to make such order for taxation
of and for raising and payment of such costs out of the said property
as to the Court may appear just and proper.
(3) All conveyances and acts done to defeat,or which may
operate to defeat, such charge, or right shall, unless made to a
bona fide purchaser for value without notice, be absolutely void
and of no effect as against such charge or right :
Provided always that no such order shall be made by the Court
in any case in which the right to recover payment of such costs is
barred by any statute of limitations.
Remuneration of solicitors.
34. A solicitor may make an agreement in writing with his client
respecting the amount and manner of payment for the whole or
any part of any past or future costs in respect of business done or
to be done by such solicitor, whether as a solicitor or as an advocate
or conveyancer, either by a gross sum,or by commission or percent-
age, or by salary or otherwise, and either at the same or at a greater
or at a less rate as or than the rate at which he would otherwise
be entitled to be remunerated, subject to the provisions and condi-
tions contained in this Ordinance : Provided always that when any
such agreement is made in respect of business done or to be done
in any action, the amount payable under the agreement shall not
be recovereable by the solicitor until the agreement bag been
examined and allowed by a taxing officer of the Court; and if
appears to such taxing officer that the agreement is not fair and
reasonable, he may require the, opinion of the Court to be taken
thereon by motion or petition ; and the Court shall have power either
to reduce the amount payable iinder the agreement or to order the
agreement to be cancelled and the costs in respect of the business
done to be taxed in the same manner and according to the same
rules as if such agreement had not been made.
35. Such an agreement shall not affect the amount of, or any
rights or remedies for the recovery of, any costs recoverable from
the client by any other person or payable to the client by any other
person, and any such othec person may require any costs payable
or recoverable by him to or from the client to be taxed according
to the rules applicable to the taxation of such costs, unless such
person has otherwise agreed : Provided always that the client who
has entered into such agreement shall not be entitled to recover
from any other person,under any order for the payment of any
costs which are the subject of such agreement, more than the
amount payable by the client to his own solicitor under the same.
36. Such an agreement shall be deemed to exclude any further
claim of the solicitor beyond the terms of the agreement in respect
of any costs in relation to the conduct and completion of the busi-
ness in reference to which the agreement is made, except such costs,
if any, as are expressly excepted by the agreement.
37. A provision in any such agreement that the solicitor shall not
be liable for negligence,or that he shall be relieved from any re-
sponsibility to which he would otherwise be subject as such solicitor,
shall be wholly void.
38.-(1)No action shall be brought upon any such agreement;
but every question respecting the validity or effect of any such
agreement may be examined and determined, and the agreement
may be enforced or set aside, by the Court, without action, on
motion or petition of any person or the representative of any person,
being a party to such agreement, or being or alleged to be liable to
pay,or being or claiming to be entitled to be paid the costs in
respect of which the agreement is made.
(2) Such motion or petition shall be made or presented to the
Court in its Original Jurisdiction where the amount payable under
the agreement exceeds 1,000 dollars, and in its Summary Jurisdic-
tion where it does not exceed 1,000 dollars.
39.-(1) On any such motion or petition, if it appears to the
Court that the agreement is in all respects fair and reasonable be-
tween the parties, the same may be enforced by the Court, by rule
or order, in such manner and subject to such conditions, if any, as
to the costs of such motion or petition, as the Court may think fit ;
but if the terms of such agrcement are not deemed by the Court
to be fair and reasonable, the same may be declared void, and the
Court shall thereupon have power to order such agreement to be
given up to be cancelled, and may direct the costs incurred or
chargeable in respect of the matters included therein to be taxed
in the same manner and according to the rules as if the agree-
ment had not been made.
(2) The Court may also make sueh order as to the costs of and
relating to such motion. or petition and the proceedings thereon as
to the Court may seem fit.
40-(1) When the arnount agreed for under any such agreement
has been paid by or on bebalf of the client or by any person charge-
able with or entitled to pay the same, the Court may, on applica-
tion by the person who has paid such amount,within 12 months
after the payment thereof, if it appears to the Court that the special
circumstances of the case require the agreement to be re-opened,
re-open the same, and order the costs to be taxed and the whole
or any portion of the amount received by the solicitor to be repaid
by him, on such terms and conditions as to the Court may seem
just.
(2) Where any such agreement is made by the client in the capa-
city of guardian, or of trustee under a deed or will, or of committee
of any person whose estate or property will be chargeable with the
amount payable under the agreement or with any part of such
amount, the agreement shall before payment be laid before a taxing
officer who shall examine the same, and may disallow any part
thereof or may require the direction of the Court to be taken thercon
by motion or petition; and if, in any such case, the client pays the
whole or any part of the amount payable under the agreement,
without the previous allowance of such officer or the Court is afore-
said, he shall be liable at any time to account to the person whose
estate or property is charged with the amount paid, or with any
part thereof, for the amount so charged; and if, in any such case,
the solicitor accepts payment without such allowance, the Court
may, if it thinks fit, order him to refund the amount so received
by him under the agreement.
41. Nothing in this Ordinance shall be construed to give validity
to any purchase by a solicitor or by his clerk of the interest, or any
part of the interest, of his client in any action or other contentious
proceeding to be brought, or maintained, or to give validity to any
agreement by which a solicitor retained or employed to prosecute
any action or proceeding stipulates for payment only in the event
of success in such action or proceeding.
42. Nothing in this shall give validity to any disposi-
tion, contract, settlement, conveyance, delivery, dealing, or transfer
which may be void or invalid against a trustee or creditor in bank-
ruptcy,arrangement or composition, under the provisions of the
laws relating to bankruptcy.
43-(1) Where a solicitor has made an agreement with his client
in pursuance of the provisions of this Ordinance, and anything has
been done by such solicitor under the agreement, and before the
agreement has been completely performed by him such solicitor dies
or becomes incapable to act, an application may be made to the
Court by any party to the agreement or by the representative of any
such party, and the Court shall thereupon have the same power to
enforce or set aside the agreement so far as the same may have
been acted upon, as if such death or incapacity had not happened. ,
(2) The Court, if it deems the agreement to be in all respects fair
and reasonable, may order the amount due in respect of the past
performance of the agreement to be ascertained by taxation; and
the taxing officer, in ascertaining such amount, shall have regard,
so far as may be, to the terms of the agreement; and payment of
the amount foond to be due may be enforced in the same manner
as if the, agreement had been completely performed by the solicitor.
44.-(1)If, after any such agreement as aforesaid has been made,
the client, changes his solicitor before the conclusion of the business
to which the agreement relates (which he shall be at liberty to do,
notwithstanding the agreement), the solicitor with whom the agree
ment was made shall be deemed to have become incapable to act
under the same within the meaning of the last section.
(2) On any order being made for taxation of the amount due to
such solicitor in respect of the past performance of the agreement,
the Court sball direct the taxing officer to have regard to the
circumstances under which such change of solicitors has taken place ;
and, on such taxation, the solicitor shall not be deemed entitled to
the full amount of the remuneration agreed to be paid to him, unless
it appears that there has been no default,negligence,improper
delay, or other conduct on his part affording reasonable ground to
the client for such change of solicitors.
45.except is in this Orditianec provided, tbe bill of a solicitor
for the amount due under an agreement made in pursuance of the
provisions of this Ordinance shall not be subject to any taxation or
to the provisions of the Solicitors Act,1843,mentioned in section
51, or of section 48 of this Ordinance respecting the signing and
delivery of the bill of a solicitor.
Miscellaneous Provisions.
46. A solicitor may take security from his client for his future
costs, to be ascertained by taxation or otherwise.
47. Whenever any judgement or order has been made for payment
of costs in any action and such action afterwards becomes abated,it
shall be lawful for any person interested under such judgment or
order to revive such action, and thereupon to prosecute and enforce
such judgment or order, and so on from time to time as often as any
such abatement may happen.
48. It shall be lawful fer the Court to authorise a solicitor to
commence an action for the recovery of his costs against the party
chargeable therewith and also to refer his bill of costs and the
demand of such solicitor thereupon to be taxed,although one month
may not have expired from the delivery of the bill of costs, on
proof to the satisfaction of the Court, that there is probable cause
for believing that the party chargeable therewith is about to quit
the Colony or to become a bankrupt or a liquidating or compounding
debtor, ar to take any other steps or do any other act which, in the
opinion of the Court, would tend to defeat or delay such solicitor
in obtaining payment.
49. Any solicitor to whom, either alone or jointly with any other
person, a mortgage is made,or the firm of which such solicitor is a
member, shall be entitled to receive, for all business transacted and
acts done by such solicitor or firm in negotiating the loan, deducing
and investigating the title to the property,and preparing and
completing the mortgage,all such usual professional charges and
remuneration as he or they would have been entitled to receive if
such mortgage had been made to a person not a solicitor, and such
person had retained and employed such solicitor or firm to transact
such busniess, and do such acts;and such charges and remuneration
shall accordingly be recoverable from the mortgagor.
50. Any solicitor to or in whom,either alone or jointly with any
other person, any mortgage is made or is vested by transfer or trans
mission, or the firm of which such solicitor is a member, shall be
entitled to receive and recover from the person on whose behalf the
same is done or to charge against the security, for all business trans-
acted and acts done by such solicitor or firm subsequent and in rela-
tion to such mortgage is to the security thereby created or the
property therein comprised,all such usual professional charges and
remuneration as he or they would have been entitled to receive if
such mortgage had been made to,and had remained vested in, a
person not a solicitor, and such person had retained and employed
such solicitor or firm to transact such business and do such acts ; and
accordingly no such mortgage ,shall be redeemed except on payment
of such charges and remuneration.
51.So much of the Solicitors Acts,1843,of the Imperial Parlia-
ment, sections 4,5,28,29,32,37(except from the words 'Provided
also that it shall be lawful for any judge' to the end of the section),
38 to 41, and 43, as relates to the competence of attorneys or solici-
tors to have clerks botind by contracts under articles, the discharge
of such contracts, service under such contracts when made with dis-
abled or disqualified persons, the time for making applications for
striking off the rolls persons admitted and enrolled erroneously but
without fraud, the agency of attorneys or solicitors for disqualified
persons, the delivery, reference,and taxation (whether before pay-
ment or after) of bIlls of fees, charges,and disbursements for any
business done by attorneys or solicitors,applications of parties and
orders of Court for delivery and reference in such cases and for
delivery up of deeds,documents,or papers, certificafes of taxation
and entering up of judgments, and the conditions on which actions
or suits may be commenced or maintained by attorneys or solicitors
for the recovery of any fees, charges, or disbursements shall (but
subject to the provisions herein contairied) extend to this Colony.
52. The Court shall have power, for reasonable cause, to remove
and strike off from the rolls of Court the name of any barrister
or solicitor.
53. The provisions of this Ordinance shall not apply to the
Attorney General or to the Crown Solicitor or any Asistant
Crown Solicitor.
54. The fees mentioned in the schedule shall be, payable in respect
of the matters therein mentioned.
55. Nothing in this Ordinance shall be deemed to affect the, rules
of the legal profession and the existing laws relating to barristers
and solicitors further or otherwise than is herein expressly enacted.
SCHEDULE.
TABLE OF FEES [s.54.]
1. On the filing of an affidavit $2.00
2. On the enrolment and registration of articles or of any
assignment of articles under sections 6 and 18 $ 5.00
3. On the entry of such articles or assignment in the book
to he open to public inspection under sections 6 and 18 $5.00
4. On the registration of a notary public under section 25 $5.00
5. On the admission of any person to practise as a
solicitor, whether on his own account or as clerk to another
solicitor or firm of solicitors $150.00
Short title. Interpretation of terms. [44 & 45 Vict.c. 44 s. 1.] [58 & 59 Vict.c. 25 s. 4. Regulations for preliminary examination. [23 & 24 Vict.c. 127 s. 8.] Exemption from preliminary examination in certain case. Formalities on execution of articles or of any assignment thereof. [6 & 7 Vict.c. 73 s. 8.] Duties of Registrar as to enrolment of articles. [23 & 24 Vict.c.127 s. 7.] Performance, by leave, of formalities after specified period. [6 & 7 Vict.c. 73 s. 9.] Articled clerk not to be engaged in other employment [23 & 24 Vict.c. 127 s. 10.] Discharge or assignment of articles in case of bankruptcy, etc. [6 & 7 Vict.c. 73 s. 5.] [cf. No. 7 of 1891.] Making of regulations for final examination. Examiners of articled clerk. Conduct of examinations in default of regulations. Certificate of result of examination. Admission of successful candidate, and right of appeal of unsuccessful candidate, at final examination. Time of admission after certificate, etc. Notice of intention to apply for examination and admission. Renewal of notice. Registration of articles of service to solicitor practising in Great Britain or Ireland. Affidavit of due servico under articles. 6 & 7 Vict.c 73 s. 14; 23 & 24 Vict.c. 127 s. 10. Prohibition of practice unless enrolled or registered. Enrolment of English or Irish barrister or solicitor, or Scotch advocate or writer. Certificate of call or admission to be deposited with Registrar and affidavit of indentity to be filed. Enrolment of person who has served under articles in the Colony or in the Colony and in Great Britain or Ireland. Oaths to be taken on enrolment of solicitor. [No. 1 of 1869.] Registration of notaries public. General right to practice of barrister and solicitor. Penalty for unlawfully practising. Modification of rules of legal profession. Modification of rules relating to barristers. Modification of rules relating to solicitors. Character of services considered in taxation of costs. Right of client to obtain taxation of costs without order of reference. Charging of property recovered or preserved with payment of costs. [23 & 24 Vict.c. 127 s. 28.] Fixing of remuneration of solicitor by agreement. [33 & 34 Vict.c. 28 s. 4.] Saving of interests of third parties [ib.s.5.] Agreement to exclude further claims. [33 & 34 Vict.c.28 s. 6.] Reservation of responsibility for negligence. [ib.s.7.] Examination and enforcement of agreement. [ib.s.8.] Setting aside of improper agreement. [ib.s.9.] Re-opening of agreement after payment in special cases. [33 & 34 Vict.c. 28 s. 10.] Prohibition of champertous stipulation. [ib.s.11.] Exclusion of agreement void in bankruptcy. [33 & 34 Vict.c. 28 s. 12.] [cf. No. 7 of 1891.] Provision in case of death or incapacity of solicitor making agreement. Change of solicitor after agreement. [ib.s.14.] Exemption of agreement from taxation. [33 & 34 Vict.c. 28 s. 15.] [6 & 7 Vict.c.73.] Security for future costs. [33 & 34 Vict.c. 28 s. 16.] Revival of order for payment of costs. [ib.s.19.] Suing for costs within one month when client about to leave the Colony, etc. [38 & 39 Vict.c. 79 s. 2.] Charges where mortgage is made with solicitor. [58 & 59 Vict.c. 25 s. 2.] Right of solicitor with whom mortgage is made to recover costs. [58 & 59 Vict.c. 25 s. 3.] Extension of certain enactments of 6 & 7 Vict.c. 73 to the Colony. Striking off rolls. Exception of Law Officers. Fees. Saving as to rules of legal profession.
To consolidate and amend the Laws relating to the Legal Pro-
fession. [29th May,1871.]
1. The Legal Practitioners Ordinance,1871.
2.In this Oridnance-
'The Court' means the Supreme Court,and includes any of the
Judges sitting together or separately in Court or in Chambers: 'The Registrat' means the Registrar of the Court:
'Articles' includes any contract in writing whereby any person
is bound ro serve as a clerk to a solicitor:
'Solicitor' means a solicitor qualified to practice in this Colony
according to law:
'Client' includes any person who,as a principal,or on behalf of
another person,or as trustee or executor,or in any other capacity,
has power,express or implied,to retain or employ, and retains or
employs,or is about to retain or employ,a solicitor,and any person
for the time being liable to pay a solicitor for his services any costs,
remuneration,charges,expenses,or disbursements:
'Party' includes a body of persons corporate or unincorporate:
'Costs' include all moneys,by whether name called,which a
client pays or is liable to pay to a solicitor for,or in respect of,or
in anticipation of servoces rendered or to be rendered to him by such
solicitor,or for or in respect of any fees,charged,or disbursements
paid is made,or to be paid or made,by such solicitor for him or on
his behalf.
'Mortgage' includes any charge on any property for securing
money or money's worth.
Service and examination of Articled Clerks.
3.-(1)The Chief Justice may make regulations,subject to the
approval of the Legislative Council,for the preliminary examination
of persons intending to become bound under articles of clerkship to
solicitors,in order ro ascertain the fitness of such person to become
so bound,having regard to their general learning and education and
to their character and conduct.
(2)Articles whereby any person may be bound to serve any
solicitor without having passed such preliminary examination ,or
without having obtained an oprder from the Chief Justice dispensing
with such examination,shall be null and void.
4.Any person,being a British subject,who has for the term of 5
years been a bona fide clerk to a solicitor practising in this Colony
and during that term has been bona fide engaged in the transaction
and performance,under the direction and superintendent of such
solicitor,of such matters of business as are usually transacted and
performed by solicitors, and who produces to the Chief Justice satis-
factory evidence that he has faithfully,honestly,and diligently
served as such clerk, bu exempted from any preliminary exami-
nation.
5.-(1) Articles whereby any person becomes bound to serve as
a clerk to any solicitor,and every assignment thercof, shall be pro-
duced to the Registrar within one month after the same have been
executed,and the person so bound as aforesaid shall,within the said
period,make and duly swear, or cause to be made and duly sworn,
an affidavit, of such solicitor having been duly admitted ,and also of
the actual execution of the articles or assignment by the parties
thereto.
(2) In every such affidavit there shall be specified the names of
such solicitor and of person so bound and the day on which such
articles or assignment were or was actually executed, and such
person shall also, within the said period,file the said affidavit in the
Court.
6.-(1)Within the said period of one month and on the filing
of the affidavit required by the last section and the payment of the
prescribed fees, the Registrar shall enrol and register the articles
or assignment ,and shall make and sign a memorandum thereon and
on the affidavit of the day on which the same was filed.
(2) The Registrar shall likewise enter the named of the parties
to and the date of such articles or assignment and the term of ser-
vice in a book to he kept for that purpose, and shall mark such
articles or assignment as having been so entered, with the date
thereof,and the said shall be open to public inspection during
office hours without fee or reward.
7. The formalities presecribed by the last two sections may be
observed and performed after the expiration of the period of one
month therein specifed, by leave of the Chief Justice, but the ser-
vice of the clerk so bound as aforesaid shall he reckoned to commence
and be computed from the date when such leave is granted or, in
the case of an assignment, his service shall be suspended from the
expiration of the said period of one month until the date when suell
leave is granted, unless the Chief Justice otherwise orders.
8.No person bound by articles of clerkship to any solicitor as
aforesaid shall, during the term of servien mentioned in such
articles, hold any omee or engage in any employment whatsoever
other than the employment of clerk to such solicitor and his part-
ners, if any, in the business, practice, or employment of a solicitor.
9. In case any solicitor to whom any clerk is articled becomes
bankrupt before the expiration of the term, or executes a trust deed
for the benefit of his creditors under any Ordinance relating to
bankruptcy, or is imprisoned for debt and remains in prison for
the space of 21 days, it shall be lawful for the Court, on the appli-
cation of such clerk, to order and direct the articles to be discharged
or assigned to such person,on such terms,and in such manner,
as the Court thinks fit.
10. The Chief Justice may make regulations,subject to the
approval of the Legislative Council,for the final examination of
persons who have been bound by articles of clerkship for a period
of 5 years as aforesaid, in order to ascertain the fitness of such
persons for admission to practise, as solicitors in the Court, having
due regard to their general learning and education, their Character
and conduct, their professional knowledge, the, length and assiduity
of their service, and their other credentials.
11. The Attorney General and any two or more fit persons, to
be appointed as occasion may require by the Chief Justice in writ-
ing and under the seal of the Court, shall be examiners for the
purposes of this Ordinance, and they shall be entitled to received by
way of remuneration for their services such sum out of the public
revenue as the Governor-in-Council may direct.
12. Until regulations of such preliminary and final examina-
tions are made as aforesaid and so far as the same may be
incomplete and may omit to provide for any particular matters or
things, the examiners may confirm themselves so far as may be
practicable, to the regulations by which the examinations of
persons intending to become bound under articles of clerkship, and
of candidates for admission to practise as solicitors in England are
respectively governed and directed.
13.-(1) The examiners shall certify the result of every such
preliminary or final examination to the Court within one week from
the completiion of the same or within such further time as the Court
may allow.
(2) Every such certificate shall be in writing signed by the
examiners or any two or more of them,of whom the Attorney 0
General shall be one, and shall state to the effect that the examin-
ers or the majority of them find that the candidate is or is not fit
to become bound under articles as aforesaid or to act as a solicitor,
as the case may be, or that the examiners have not been able to
come to any finding as to his fitness in that behalf.
14. If the examiners or the majority of them present at any such
final examination find that the candidate is fit, he shall be admitted
to practise accordingly; but if they or the said majority find that
he is not fit or come to no finding, the candidate may, on his peti-
tion to the Court, be heard in support of his qualification and claim
to such admission; and if the Court evrants the prayer of his
petitlon, he shall be admitted accordingly,notwithstanding any
such finding or want of finding as aforesaid.
15. Except in any case where the Court, on special application,
gives, leave to the contrary, no admission shall be granted, whether
on such certificate or on such petition as aforesaid, after the expira-
tion of one month from the date of the return of the certificate or
the date of the order made on the petition, as the case may be.
16. Every candidate for admission as a solicitor shall give one
month's notice in writing to the Registrar of his intention to apply
for examination and admission, and shall cause a like notice to be
inserted three times in the Gazette and in a public newspaper of
the Colony: Provided always that the Chief Justice may, on any
special grounds,make an order dispensing with all or any of the
formalities prescribed by this section.
17. Every such candidate who has given notice of such his inten-
tion and who has not attended to be examined, or has not passed
the examination,or has not been admitted,may, but not within 6
months after such notice given,renew the notice for examination
and admission, and so from time to time as often as he may think
proper : Provided always that if any such person has been prevent-
ed from attending to be examined as aforesaid by reason of sickness
or other unavoidable cause, it shall be lawful for the Chief Justice
to permit such notice to be renewed within the said period of 6
months.
18. Every such candidate who has served part of the period
of 5 years as an articled clerk to a solicitor practising in
Great Britain or Ireland, and the other part to a solicitor
practising in this Colony, shall, in addition to the formalities
prescribed by sections 5 and 6 in respect of the articles therein
mentioned, and before he can be admitted and enrolled, produce to
the Registrar the articles under which he has become bound to such
solicitor practising in Great Britain or Ireland and every assign-
ment thereof, and shall make and swear, or duly cause to be made
amd sworn, such affidavits in relation thereto as are preseribed by
section 5 in respect of the articles therrein mentioned; and the
provisions of section 6 shall likewsie apply to articles whereby
such candidate has been bound to serve any solicitor practising in
Great Britain or Ireland and to any assignment thereof : Provided
always that the Chief Justice may, on special grounds and on such
conditions as he may think proper, exempt any such person from
complying with the formalities prescribed by this section, either
absolutely or for any specified period.
19.-(1) Every such candidate shall, before he can be admitted
and enrolled, prove by an affidavit of himself or of the solicitor or
solicitors practising in Great Britain or Ireland or in this Colony
to whom he was bound, to be duly made and filed in the Court, that
he has actually and really served and been employed by such practis-
ing solicitor or solicitors during the period of 5 years required by
this Ordinance, and that he has not during such period held any
office or been engaged in any employment whatsoever other than
the employment of clerk to such solicitor or solicitors and his or
their partner or partners,if any, in the business,practice, or em-
ployment of a solicitor.
(2) The affidavit shall be in such form as may be approved by the
Chief Justice.
Adiission of Barristers, Solicitors, and Notaries Public.
20. No person shall practise in this Colony as a barrister or solici-
tor unless he has been approved, admitted, and enrolled by the
Court, or as a notary public unless he has been registered, under the
provisions of this Ordinance.
21. The Court shall have power to approve, admit, and enrol such
persons as have been admitted barristers or advocates in Great
Britain or Ireland to practise as barristers, and such persons as have
been admitted as attorneys, solicitors, or writers in one of the Courts
at London, Dublin, or Edinburgh,or as proctors in any Ecclesiasti-
cal Court in England, to practise as solicitors in the Court.
The word 'writers' in this section shall be deemed to include
'law agents' as defined in section 1 of the Act 36 and 37 Victoria,
chapter 63.
22. Every person who desires to be admitted under the last section
to practise in the Court shall deposit with the Registrar his certifi-
cate of call to the bar or of his admission as an attorney, solicitor,
writer or proctor,and shall file in the Court an affidavit of identity
in such form as may be approved by the Chief Jastice: Provided
always that the Chief Justice may, on special grounds and on such
conditions as he may think proper, exempt any such person from
complying with the formalities prescribed by this section, either
absolutely or for any specified period.
23. The Court shall have power to admit and enrol as a solicitor
any person, being a British subject, who has actually exclusively
and bona fide served for the period of 5 years as a clerk under articles
to any solicitor actually practising in the Colony, or part of such
period of 5 years under articles to such solicitor and the other part
under articles to any solicitor actually practising in Great Britain
or Ireland, and who has been examined and sworn in the manner
herein directed,and has fulfilled all the conditions of this Ordinance
in relation to such admission.
24. Every person who applies to be admitted and enrolled under
section 21 or under the last section as a solicitor shall, before ad-
mission and enrolment, subscribe the oath of allegiance in the form
prescribed by the Promissory Oaths Ordinance, 1869, and also the
oath following:-
1, A.B., do swear [or solemnly,sincerely, and truly declare
and affirm] that I will truly and honestly demean myself
in the practice of solicitor,according to the best of my
knowledge and ability. So help me God [these words are
to be omitted in the case of a seclaration or affirmation].
25. The Registrar shall keep a special book for the registration
of notaries public,and every notary public who produces his not-
arial faculty, and files in the Court an affidavit of identity in such
form as may be approved by the Chief Justice,shall,on payment
of the prescribed fee, be entitled to be registered therein.
Practice of Barristerd,Solicitors,and Notaries Public.
26. It shall be lawful for any person admitted and enrolled by
the Court as a barrister or as a solicitor to practice as such respec-
tively in the Courts.
27. Every person who,-
(1) either directly or indirectly,practises or acts as a barrister
or solicitor, without having been admitted and enrolled,or as a
notary public, without having been duly registered ; or,
(2) without possessing any qualification as a barrister,solicitor,
or nolary public, acts as such or prepares any document whatsoever
for fee or reward,
shall be liable for every such offence to forfeit a penalty of
200 dollars: Provided that no proceedings for the recovery thereof
shall be instituted without the consent of the Attorney General.
28. The rules of the legal profession and the laws now in force in
relation to the practice of barristers and solicitors admitted and en-
rolled by the Court shall be modified to the extent mentioned in
the next two sections.
29.-(1) A barrister may, without the intervention of a solicitor,
hold consultations with clients and give opinions in all matters what-
ever.
(2) A barrister may, without the intervention of a solicitor, ap-
pear for a client in all criminal proceedings before the Court, and
in all civil proceedings in the Court, in its Summary Jurisdiction,
and in all proceedings whatsoever before any Court of inferior jurisdic-
tion.
(3) A barrister may receive fees directly from a client for pro-
fessional business which he may transact without the intervention
of a solicitor.
(4) No barrister shall practise as a notary public.
30.-(1) A solicitor may practise as all advocate in the Court in
its Summary Jurisdiction.
(2) No solicitor who is admitted and enrolled shall, while in the
employment of another solicitor, practise on his own account or in
his own naine or transact any legal business otherwise than as clerk
to such other solicitor.
Taxation and recovery of Solicitors' costs.
31. On any taxation of costs, the taxing officer may, in deter-
mining the remuneration, if any, to be allowed to a solicitor for
his services, have regard, subject to any general rules or orders,
to the skill, labour, and responsibility involved.
32. If any person is desirous of obtaining, under section 51, the
taxation of a bill of fees, charges, or disbursements, for any busi-
ness whatsoever done by a solicitor, whether in an action or not
in an action or relating thereto, it shall not be necessary for such
person to apply to the Court for any order in that behalf; but he
shall be at liberty to refer such bill of his own authority to the
Registrar or other taxing officer of the Court, who sball thereupon.
proceed to tax the same in like inanner as he would have done
under an order of reference for that purpose in conformity witb
the enactments referred to in section 51.
33.-(1) In Every case in which a solicitor is employed to pro-
secute or defend any action, watter, or proceeding in Court, it shall
be lawful for the Court, to declare such solicitor entitled to a charge
upon the property recovered or preserved, and, on such declaration
being made, such solicitor shall have a charge upon and against,
and a right to payment out of the property, of whatsoever nature,
tenure, or kind the same may be, which may have been recovered
or preserved through the instrumentality of such solicitor, for the
taxed costs of or in reference to such action, matter, or proceeding.
(2) It shall be lawful for the Court to make such order for taxation
of and for raising and payment of such costs out of the said property
as to the Court may appear just and proper.
(3) All conveyances and acts done to defeat,or which may
operate to defeat, such charge, or right shall, unless made to a
bona fide purchaser for value without notice, be absolutely void
and of no effect as against such charge or right :
Provided always that no such order shall be made by the Court
in any case in which the right to recover payment of such costs is
barred by any statute of limitations.
Remuneration of solicitors.
34. A solicitor may make an agreement in writing with his client
respecting the amount and manner of payment for the whole or
any part of any past or future costs in respect of business done or
to be done by such solicitor, whether as a solicitor or as an advocate
or conveyancer, either by a gross sum,or by commission or percent-
age, or by salary or otherwise, and either at the same or at a greater
or at a less rate as or than the rate at which he would otherwise
be entitled to be remunerated, subject to the provisions and condi-
tions contained in this Ordinance : Provided always that when any
such agreement is made in respect of business done or to be done
in any action, the amount payable under the agreement shall not
be recovereable by the solicitor until the agreement bag been
examined and allowed by a taxing officer of the Court; and if
appears to such taxing officer that the agreement is not fair and
reasonable, he may require the, opinion of the Court to be taken
thereon by motion or petition ; and the Court shall have power either
to reduce the amount payable iinder the agreement or to order the
agreement to be cancelled and the costs in respect of the business
done to be taxed in the same manner and according to the same
rules as if such agreement had not been made.
35. Such an agreement shall not affect the amount of, or any
rights or remedies for the recovery of, any costs recoverable from
the client by any other person or payable to the client by any other
person, and any such othec person may require any costs payable
or recoverable by him to or from the client to be taxed according
to the rules applicable to the taxation of such costs, unless such
person has otherwise agreed : Provided always that the client who
has entered into such agreement shall not be entitled to recover
from any other person,under any order for the payment of any
costs which are the subject of such agreement, more than the
amount payable by the client to his own solicitor under the same.
36. Such an agreement shall be deemed to exclude any further
claim of the solicitor beyond the terms of the agreement in respect
of any costs in relation to the conduct and completion of the busi-
ness in reference to which the agreement is made, except such costs,
if any, as are expressly excepted by the agreement.
37. A provision in any such agreement that the solicitor shall not
be liable for negligence,or that he shall be relieved from any re-
sponsibility to which he would otherwise be subject as such solicitor,
shall be wholly void.
38.-(1)No action shall be brought upon any such agreement;
but every question respecting the validity or effect of any such
agreement may be examined and determined, and the agreement
may be enforced or set aside, by the Court, without action, on
motion or petition of any person or the representative of any person,
being a party to such agreement, or being or alleged to be liable to
pay,or being or claiming to be entitled to be paid the costs in
respect of which the agreement is made.
(2) Such motion or petition shall be made or presented to the
Court in its Original Jurisdiction where the amount payable under
the agreement exceeds 1,000 dollars, and in its Summary Jurisdic-
tion where it does not exceed 1,000 dollars.
39.-(1) On any such motion or petition, if it appears to the
Court that the agreement is in all respects fair and reasonable be-
tween the parties, the same may be enforced by the Court, by rule
or order, in such manner and subject to such conditions, if any, as
to the costs of such motion or petition, as the Court may think fit ;
but if the terms of such agrcement are not deemed by the Court
to be fair and reasonable, the same may be declared void, and the
Court shall thereupon have power to order such agreement to be
given up to be cancelled, and may direct the costs incurred or
chargeable in respect of the matters included therein to be taxed
in the same manner and according to the rules as if the agree-
ment had not been made.
(2) The Court may also make sueh order as to the costs of and
relating to such motion. or petition and the proceedings thereon as
to the Court may seem fit.
40-(1) When the arnount agreed for under any such agreement
has been paid by or on bebalf of the client or by any person charge-
able with or entitled to pay the same, the Court may, on applica-
tion by the person who has paid such amount,within 12 months
after the payment thereof, if it appears to the Court that the special
circumstances of the case require the agreement to be re-opened,
re-open the same, and order the costs to be taxed and the whole
or any portion of the amount received by the solicitor to be repaid
by him, on such terms and conditions as to the Court may seem
just.
(2) Where any such agreement is made by the client in the capa-
city of guardian, or of trustee under a deed or will, or of committee
of any person whose estate or property will be chargeable with the
amount payable under the agreement or with any part of such
amount, the agreement shall before payment be laid before a taxing
officer who shall examine the same, and may disallow any part
thereof or may require the direction of the Court to be taken thercon
by motion or petition; and if, in any such case, the client pays the
whole or any part of the amount payable under the agreement,
without the previous allowance of such officer or the Court is afore-
said, he shall be liable at any time to account to the person whose
estate or property is charged with the amount paid, or with any
part thereof, for the amount so charged; and if, in any such case,
the solicitor accepts payment without such allowance, the Court
may, if it thinks fit, order him to refund the amount so received
by him under the agreement.
41. Nothing in this Ordinance shall be construed to give validity
to any purchase by a solicitor or by his clerk of the interest, or any
part of the interest, of his client in any action or other contentious
proceeding to be brought, or maintained, or to give validity to any
agreement by which a solicitor retained or employed to prosecute
any action or proceeding stipulates for payment only in the event
of success in such action or proceeding.
42. Nothing in this shall give validity to any disposi-
tion, contract, settlement, conveyance, delivery, dealing, or transfer
which may be void or invalid against a trustee or creditor in bank-
ruptcy,arrangement or composition, under the provisions of the
laws relating to bankruptcy.
43-(1) Where a solicitor has made an agreement with his client
in pursuance of the provisions of this Ordinance, and anything has
been done by such solicitor under the agreement, and before the
agreement has been completely performed by him such solicitor dies
or becomes incapable to act, an application may be made to the
Court by any party to the agreement or by the representative of any
such party, and the Court shall thereupon have the same power to
enforce or set aside the agreement so far as the same may have
been acted upon, as if such death or incapacity had not happened. ,
(2) The Court, if it deems the agreement to be in all respects fair
and reasonable, may order the amount due in respect of the past
performance of the agreement to be ascertained by taxation; and
the taxing officer, in ascertaining such amount, shall have regard,
so far as may be, to the terms of the agreement; and payment of
the amount foond to be due may be enforced in the same manner
as if the, agreement had been completely performed by the solicitor.
44.-(1)If, after any such agreement as aforesaid has been made,
the client, changes his solicitor before the conclusion of the business
to which the agreement relates (which he shall be at liberty to do,
notwithstanding the agreement), the solicitor with whom the agree
ment was made shall be deemed to have become incapable to act
under the same within the meaning of the last section.
(2) On any order being made for taxation of the amount due to
such solicitor in respect of the past performance of the agreement,
the Court sball direct the taxing officer to have regard to the
circumstances under which such change of solicitors has taken place ;
and, on such taxation, the solicitor shall not be deemed entitled to
the full amount of the remuneration agreed to be paid to him, unless
it appears that there has been no default,negligence,improper
delay, or other conduct on his part affording reasonable ground to
the client for such change of solicitors.
45.except is in this Orditianec provided, tbe bill of a solicitor
for the amount due under an agreement made in pursuance of the
provisions of this Ordinance shall not be subject to any taxation or
to the provisions of the Solicitors Act,1843,mentioned in section
51, or of section 48 of this Ordinance respecting the signing and
delivery of the bill of a solicitor.
Miscellaneous Provisions.
46. A solicitor may take security from his client for his future
costs, to be ascertained by taxation or otherwise.
47. Whenever any judgement or order has been made for payment
of costs in any action and such action afterwards becomes abated,it
shall be lawful for any person interested under such judgment or
order to revive such action, and thereupon to prosecute and enforce
such judgment or order, and so on from time to time as often as any
such abatement may happen.
48. It shall be lawful fer the Court to authorise a solicitor to
commence an action for the recovery of his costs against the party
chargeable therewith and also to refer his bill of costs and the
demand of such solicitor thereupon to be taxed,although one month
may not have expired from the delivery of the bill of costs, on
proof to the satisfaction of the Court, that there is probable cause
for believing that the party chargeable therewith is about to quit
the Colony or to become a bankrupt or a liquidating or compounding
debtor, ar to take any other steps or do any other act which, in the
opinion of the Court, would tend to defeat or delay such solicitor
in obtaining payment.
49. Any solicitor to whom, either alone or jointly with any other
person, a mortgage is made,or the firm of which such solicitor is a
member, shall be entitled to receive, for all business transacted and
acts done by such solicitor or firm in negotiating the loan, deducing
and investigating the title to the property,and preparing and
completing the mortgage,all such usual professional charges and
remuneration as he or they would have been entitled to receive if
such mortgage had been made to a person not a solicitor, and such
person had retained and employed such solicitor or firm to transact
such busniess, and do such acts;and such charges and remuneration
shall accordingly be recoverable from the mortgagor.
50. Any solicitor to or in whom,either alone or jointly with any
other person, any mortgage is made or is vested by transfer or trans
mission, or the firm of which such solicitor is a member, shall be
entitled to receive and recover from the person on whose behalf the
same is done or to charge against the security, for all business trans-
acted and acts done by such solicitor or firm subsequent and in rela-
tion to such mortgage is to the security thereby created or the
property therein comprised,all such usual professional charges and
remuneration as he or they would have been entitled to receive if
such mortgage had been made to,and had remained vested in, a
person not a solicitor, and such person had retained and employed
such solicitor or firm to transact such business and do such acts ; and
accordingly no such mortgage ,shall be redeemed except on payment
of such charges and remuneration.
51.So much of the Solicitors Acts,1843,of the Imperial Parlia-
ment, sections 4,5,28,29,32,37(except from the words 'Provided
also that it shall be lawful for any judge' to the end of the section),
38 to 41, and 43, as relates to the competence of attorneys or solici-
tors to have clerks botind by contracts under articles, the discharge
of such contracts, service under such contracts when made with dis-
abled or disqualified persons, the time for making applications for
striking off the rolls persons admitted and enrolled erroneously but
without fraud, the agency of attorneys or solicitors for disqualified
persons, the delivery, reference,and taxation (whether before pay-
ment or after) of bIlls of fees, charges,and disbursements for any
business done by attorneys or solicitors,applications of parties and
orders of Court for delivery and reference in such cases and for
delivery up of deeds,documents,or papers, certificafes of taxation
and entering up of judgments, and the conditions on which actions
or suits may be commenced or maintained by attorneys or solicitors
for the recovery of any fees, charges, or disbursements shall (but
subject to the provisions herein contairied) extend to this Colony.
52. The Court shall have power, for reasonable cause, to remove
and strike off from the rolls of Court the name of any barrister
or solicitor.
53. The provisions of this Ordinance shall not apply to the
Attorney General or to the Crown Solicitor or any Asistant
Crown Solicitor.
54. The fees mentioned in the schedule shall be, payable in respect
of the matters therein mentioned.
55. Nothing in this Ordinance shall be deemed to affect the, rules
of the legal profession and the existing laws relating to barristers
and solicitors further or otherwise than is herein expressly enacted.
SCHEDULE.
TABLE OF FEES [s.54.]
1. On the filing of an affidavit $2.00
2. On the enrolment and registration of articles or of any
assignment of articles under sections 6 and 18 $ 5.00
3. On the entry of such articles or assignment in the book
to he open to public inspection under sections 6 and 18 $5.00
4. On the registration of a notary public under section 25 $5.00
5. On the admission of any person to practise as a
solicitor, whether on his own account or as clerk to another
solicitor or firm of solicitors $150.00
Short title. Interpretation of terms. [44 & 45 Vict.c. 44 s. 1.] [58 & 59 Vict.c. 25 s. 4. Regulations for preliminary examination. [23 & 24 Vict.c. 127 s. 8.] Exemption from preliminary examination in certain case. Formalities on execution of articles or of any assignment thereof. [6 & 7 Vict.c. 73 s. 8.] Duties of Registrar as to enrolment of articles. [23 & 24 Vict.c.127 s. 7.] Performance, by leave, of formalities after specified period. [6 & 7 Vict.c. 73 s. 9.] Articled clerk not to be engaged in other employment [23 & 24 Vict.c. 127 s. 10.] Discharge or assignment of articles in case of bankruptcy, etc. [6 & 7 Vict.c. 73 s. 5.] [cf. No. 7 of 1891.] Making of regulations for final examination. Examiners of articled clerk. Conduct of examinations in default of regulations. Certificate of result of examination. Admission of successful candidate, and right of appeal of unsuccessful candidate, at final examination. Time of admission after certificate, etc. Notice of intention to apply for examination and admission. Renewal of notice. Registration of articles of service to solicitor practising in Great Britain or Ireland. Affidavit of due servico under articles. 6 & 7 Vict.c 73 s. 14; 23 & 24 Vict.c. 127 s. 10. Prohibition of practice unless enrolled or registered. Enrolment of English or Irish barrister or solicitor, or Scotch advocate or writer. Certificate of call or admission to be deposited with Registrar and affidavit of indentity to be filed. Enrolment of person who has served under articles in the Colony or in the Colony and in Great Britain or Ireland. Oaths to be taken on enrolment of solicitor. [No. 1 of 1869.] Registration of notaries public. General right to practice of barrister and solicitor. Penalty for unlawfully practising. Modification of rules of legal profession. Modification of rules relating to barristers. Modification of rules relating to solicitors. Character of services considered in taxation of costs. Right of client to obtain taxation of costs without order of reference. Charging of property recovered or preserved with payment of costs. [23 & 24 Vict.c. 127 s. 28.] Fixing of remuneration of solicitor by agreement. [33 & 34 Vict.c. 28 s. 4.] Saving of interests of third parties [ib.s.5.] Agreement to exclude further claims. [33 & 34 Vict.c.28 s. 6.] Reservation of responsibility for negligence. [ib.s.7.] Examination and enforcement of agreement. [ib.s.8.] Setting aside of improper agreement. [ib.s.9.] Re-opening of agreement after payment in special cases. [33 & 34 Vict.c. 28 s. 10.] Prohibition of champertous stipulation. [ib.s.11.] Exclusion of agreement void in bankruptcy. [33 & 34 Vict.c. 28 s. 12.] [cf. No. 7 of 1891.] Provision in case of death or incapacity of solicitor making agreement. Change of solicitor after agreement. [ib.s.14.] Exemption of agreement from taxation. [33 & 34 Vict.c. 28 s. 15.] [6 & 7 Vict.c.73.] Security for future costs. [33 & 34 Vict.c. 28 s. 16.] Revival of order for payment of costs. [ib.s.19.] Suing for costs within one month when client about to leave the Colony, etc. [38 & 39 Vict.c. 79 s. 2.] Charges where mortgage is made with solicitor. [58 & 59 Vict.c. 25 s. 2.] Right of solicitor with whom mortgage is made to recover costs. [58 & 59 Vict.c. 25 s. 3.] Extension of certain enactments of 6 & 7 Vict.c. 73 to the Colony. Striking off rolls. Exception of Law Officers. Fees. Saving as to rules of legal profession.
Abstract
Short title. Interpretation of terms. [44 & 45 Vict.c. 44 s. 1.] [58 & 59 Vict.c. 25 s. 4. Regulations for preliminary examination. [23 & 24 Vict.c. 127 s. 8.] Exemption from preliminary examination in certain case. Formalities on execution of articles or of any assignment thereof. [6 & 7 Vict.c. 73 s. 8.] Duties of Registrar as to enrolment of articles. [23 & 24 Vict.c.127 s. 7.] Performance, by leave, of formalities after specified period. [6 & 7 Vict.c. 73 s. 9.] Articled clerk not to be engaged in other employment [23 & 24 Vict.c. 127 s. 10.] Discharge or assignment of articles in case of bankruptcy, etc. [6 & 7 Vict.c. 73 s. 5.] [cf. No. 7 of 1891.] Making of regulations for final examination. Examiners of articled clerk. Conduct of examinations in default of regulations. Certificate of result of examination. Admission of successful candidate, and right of appeal of unsuccessful candidate, at final examination. Time of admission after certificate, etc. Notice of intention to apply for examination and admission. Renewal of notice. Registration of articles of service to solicitor practising in Great Britain or Ireland. Affidavit of due servico under articles. 6 & 7 Vict.c 73 s. 14; 23 & 24 Vict.c. 127 s. 10. Prohibition of practice unless enrolled or registered. Enrolment of English or Irish barrister or solicitor, or Scotch advocate or writer. Certificate of call or admission to be deposited with Registrar and affidavit of indentity to be filed. Enrolment of person who has served under articles in the Colony or in the Colony and in Great Britain or Ireland. Oaths to be taken on enrolment of solicitor. [No. 1 of 1869.] Registration of notaries public. General right to practice of barrister and solicitor. Penalty for unlawfully practising. Modification of rules of legal profession. Modification of rules relating to barristers. Modification of rules relating to solicitors. Character of services considered in taxation of costs. Right of client to obtain taxation of costs without order of reference. Charging of property recovered or preserved with payment of costs. [23 & 24 Vict.c. 127 s. 28.] Fixing of remuneration of solicitor by agreement. [33 & 34 Vict.c. 28 s. 4.] Saving of interests of third parties [ib.s.5.] Agreement to exclude further claims. [33 & 34 Vict.c.28 s. 6.] Reservation of responsibility for negligence. [ib.s.7.] Examination and enforcement of agreement. [ib.s.8.] Setting aside of improper agreement. [ib.s.9.] Re-opening of agreement after payment in special cases. [33 & 34 Vict.c. 28 s. 10.] Prohibition of champertous stipulation. [ib.s.11.] Exclusion of agreement void in bankruptcy. [33 & 34 Vict.c. 28 s. 12.] [cf. No. 7 of 1891.] Provision in case of death or incapacity of solicitor making agreement. Change of solicitor after agreement. [ib.s.14.] Exemption of agreement from taxation. [33 & 34 Vict.c. 28 s. 15.] [6 & 7 Vict.c.73.] Security for future costs. [33 & 34 Vict.c. 28 s. 16.] Revival of order for payment of costs. [ib.s.19.] Suing for costs within one month when client about to leave the Colony, etc. [38 & 39 Vict.c. 79 s. 2.] Charges where mortgage is made with solicitor. [58 & 59 Vict.c. 25 s. 2.] Right of solicitor with whom mortgage is made to recover costs. [58 & 59 Vict.c. 25 s. 3.] Extension of certain enactments of 6 & 7 Vict.c. 73 to the Colony. Striking off rolls. Exception of Law Officers. Fees. Saving as to rules of legal profession.
Identifier
https://oelawhk.lib.hku.hk/items/show/793
Edition
1912
Volume
v1
Subsequent Cap No.
159
Cap / Ordinance No.
No. 1 of 1871
Number of Pages
16
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LEGAL PRACTITIONERS ORDINANCE, 1871,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/793.
