Legal Appropriation Act 1845 (SA)

No* 6.

I'IEKXAS i t is desirable to restrain nnqudified persons from

practising the profession of the Law:

13e it therefole Ihacted by IIis Excellency the Governor of South l'rcmblc.

Australia, wi t11 the advice and consent of the Legislative Council thereof, 'l'hat after the passing of this Ordinance no person shall bc qualified to practise the profcssion of the law in this Province unless NO l)crgOn ql.l~llificd

to practisc t l ~ c law

he shall hnvc bccn duly admitted and erirollcd as a Barrister, Attor- ,,,I,,, h, ,~,II 1, , , ,

ney, Solicitor, or l'roctor in the Supreme Court, and whosoever sha!l	been	in thc
Suprcnie Court.

Colonial Treasurer, to be applied to the use of Her Majesty, Her heirs and successors, for the public uses of the Province and support of the Government thereof. 11. Provided

in his own name or in the imne of any other pcrson sue out any Pcn,llig fdi),

writ or proccss, or commence, prosecute, or dcfeid any action or suit,

or any procccdiug in the Supreme Collrt or any Court in this Pro-

vince, for, or in expectation of ally gain, GC, or reward, without being

admitted ancl eurolled as aforesaid, and whosoever shall, for or in

expectation of any gain, fee, or rewarcl, dircctly or indirectly draw

or prepare any conveyance, lease, or other deed relating to any real

or persorial estate, or any proceedings in law or cp i t y, without being so admitted and enrolled, shall for every such offencc forfeit and pay the sum of Fifty Pounds, to be sued for and recovered by action of debt in the Supreme Court, one moiety of which penalty, when recovered shall go to the person who mill sue for such penalty

for his own use, and the other moiety thereof shall be paid to the

!

I	Not to apply to
Clerks, Law- 11. Provided always That nothing hereinbefore contained shall be deemed to extend or apply to persons acting only as Law-Stationers or as Clerks, nor to persons employed solely to copy or engross any deed, nor to prevent any Notary Public from practising as such and doing all acts which to the office of Pu'otary Public properly belong, nor to prevent any person from drawing or preparing any will or other testamentary papers.
Stationers, &C.
Practitioner8 dowing 111. And be it Enacted, That if any admitted Practitioner shall
unqualified petsons knowingly and wilfully pe: mit or allow any person not being such

11racti80 in their

names to be struck off an admitted Practitioner in his name to sue out any writ or process,

the rolls.

or commence, prosecute, er defend any action or other proceeding in anv Court in this Province. or if anv such admitted Practitioner J <

shall act as agent for any person not being an admitted Practitioner, or permit his name to be in any manner nmde use of upon the account or for the profit of any unqualified person thereby to enable him indirectly to act as a Barrister, Attorney, Sdicitor, or Proctor, knowing him not to be duly quaiified as aforesaid, and complaint shall be made thereof in a sumnary way to the Supreme Court, then proof being made of such offeace upon oath to thc satisfLctioi~ of the said Court, every such Practitioner shall be struck off the rolls, and be for ever after disabled fiorn practising as a Barrister, Attorney, Solicitor, or Proctor: Provided that the Court shall hare power to re-admit such Practitioner at any time thereafter on such terms as to tlie Court shall seem fit.

Declaring power of

IV. And whereas it is desirable that no doubt should exist as to Practitioner thereof for business done by him in his professional character, although no part of snch business may arise out of or relate to any actlon, suit, or proceeding at law or in equity, be it therefore Enacted, That in every case where an admittd Practitioner shall have been employed to -draw or prepare any deed of convey- ance, or to do or advise in any matter of business for fee or rcward, by virtue or by reason of his befng such admitted Practitioner, it

the Suprome Court to

the power of the Supreme Court to tax thc coats of ;my admitted

tax in

ancing. as well a5

other law bnsincss.

shall be lawful for the Sul~rerne Cgurt, or for any Judgc thereof, to	cause the bill of costs for such xnattcr of business to be tascd in the
usual manner of taxing costs in the said Court, and to exercise tlie like jurisdiction in relation thereto in all respects as thc said Court may now lawfully exercise in regard to the bills of costs of Practi- tioners in matters relating to or arising out of any action, suit, or proceeding at Law or in ~ ~ u i t ~.

Noactiontobebrou@

by a Practitioner V. And be it Enacted, That no admitted Practitioner, or any

untilthe crpiratimf Executor, Administrator, or Assignrc of any Practitioner, shall

One month after commence or maintain any action or suit for the recovery of any	delivery of a bill
signed, &C. fees, charges, or disbursements, either for business done at Law or

in Equity, or otherwise, until the expiration of one month or more after such Practitioner, Executor, Administrator, or Assignee, shall

have delivered unto the party to be charged therewith; or sent by

the Post to, or left for him at his place of business or dwelling-

house

house, or last place of abode, a bill of such fees, charges, and dis- bursements, signed with the proper hand of such Practitioner, or of A *

such ~ x e c i t o c Administrator, or Assignee: Provided that i t shall z; ~ ~ ~ 2 $ g; ~ ~

be lawful for a Judge of the Supreme Court to authorize a Practi- before t h ~ expiration -

a

tioner to commcnce'an action or suit for the recovery of his fees, charges, or disbursements against the party chargeable therewith, although one month shall not have expired from the delivery of a bill as aforesaid, on proof to the satisfiction of the said Judge that there is probable cause for believing that such party is about to leave the Province: Provided also, that in case of a ~artncrship, several partners suf- Sijinntnrcof o n e o f

such bill rnay be signed by any of the partners, either with his own ficient.

name or with the name or style of such partnership,

VI. And bc it further Enacted, That every such Practitionrr prac- f;;ra;:':Fi;:l_d

tising as such within the Province, shall during the month of January to procure a Certifi-

next, and annually in the month of January thereafter, during such $ f ~ ~ ~ ~ ~ ~ ~ ~ ~ z e ~ p	time as he shall continue to practise, deliver to the said Collector or o f his having so done,
other Officer a note in writing under the hand of the Master of the Supreme Court (which note the silicl Master is hereby required to
? ~ i v e to each Practitioner applying for the same, on payment of the
fee of One Shilling, and which note shall set forth the Christian and Surname and place of abode of the person applying for n Ccrtificate and that he is a l'ractitioner of the Supreme Court), and shall at the same time pay to the said Collector or other Officer the sum of Five Pounds, a id thereupon every s~lch person shall be entitled to a Certificate under thc hand of the said Collector or other Officer certifying the payment of such stun, and every such Ccrtificate issucd in the month of' January in every year shall bear dntc on the fifth day of the same month, and every Certificate issued at m y other time shall bear date on the date on which the same shall be issued, and every such Certificate shall cease and dcterminc on the fifth day of January then next following, and every such Ccrtificate shall be entered by the 31ar;ter of the Supreme Court i r r a book or on a roll to be kept for that purpose,

VIT. And be i t Xnactcd, 'l'liat if any person shall in his own Person 1)lactisingr a l t l i~ut Certificate to

~ 5 0.

name, or ill the name of any other person, sue ont any writ or forfeit gain, fee, or reward, directly or indirectly draw or prepare any con- veyancc, lease, or other deed rc la t in~ to any real or personal estate, or any proceedings in Law or Eq~uty, without in either of such cases having obtainecl from the Collector of Internal Revenue or such other Officer as aforesaid a Certificate in manner hereinbcfore directed, or without entering the same with the Mastcr of the Supreme Court as aforesaid, every such person shall forfeit and pay the sum of Fifty Pounds, to be recovered and applied in manner aforesaid, and shall be made incapable to maintain or prosecute any action at Law or in Equity for the recovery of his fees in respect of

process, or comnlcncc, prosecute, carry on, or defend any action, suit,

or proceeding in the Supreme Court, or any Court of this Province,

for or in expectation of any f i x or reward, or shall do any act as a

any

m y matter or business done by him as such Practitioner as aforesaid,

whilst he shall have been without such Certificate as aforesaid.

IfPractitionerne~lect VIIT. And be it Enacted, That if any Practitioner shall neglect

to procure his Certifl-	cnte within the to procure such annual Certificate from the Collector or other Officer
awoiotcd,.Mastcr not ag aforesaid within the time hereby appointed for that purpose, then
to ant him note to

h h to obtnie and in such case the said Master shall not afterwards grant to such

C@*ificatewithout

the order of Supreme

Practitioner a note in writing for the purpose of ena6ling him to

Courtor Judge.

procure his Certificate as aforesaid, without the order of the

Odermny be

upon terms.

supreme Court or a Judge thereof authorizing the Master to issue

such note in writing, and it shall be lawful for such Court or Judge

to make such order upon such terms and conditions 35 they or he

shall think fit.

~f Master refuse to IX. And be i t Enacted, That in case thc said Master shall refuse

give su& note in

miting to give to any such Practitioner such note in writing, as he is herein-

mtg ~wqairing the before directed and required to give, the party so requiring the

came mny apply to the

Court, &C. same shall and may apply to the Supreme Court or to a Judge thereof, and the Court and Judge are hereby respectively authorized to make such order in the matter us shall be just, and to order pay- ment of costs by and to either of the parlies if it shall seein fit.

Definition of term X. And be i t Enacted, That undcr the term Practitioner" shall

U Practitioner."	be included any person admitted and enrolled in the Supreme Court
as a Barrister, Attorney, Solicitor, or Proctor: Provided always, and
be it Rnacted, That nothing herein contained shall be construed so
as to prevent the separation of thc Practitioners of the Supreme Court into the two distinct classes of Barristers or Advocates, and Attorneys, Solicitors, and Proctors, .cvllen it shall seem to the said Court convenient that such separation should be made: And provided also, that from and after such separation the term Yracti- timers in this Ordinance shall be deemed to include only persons acting as Attorneys, Solicitors, or Proctors.

G. GREY,

(3ovek-m and Commander-in-Chief.

Passed the Legislative Comu5l this 33ighth

day of July, One Thousand Bight

Hundred aad Forty-ft've.

W. L. O'HALLORAK,

Clerk of Council.

Adelaide : Printed by authority, by W. C. Cox, Go)-ornment Printer, Victoria-square.