Legal practitioners (1855) (WA)

WESTERN AUSTRALIA.

ANNO OCTODECIMO

VICTORIA: REGINA].

No. IX.

An Ordinance for the further regulation of

Practitioners in the Civil Court.

HEREAS it is expedient to amend the law relative to Prac- Preamble.

sons practising Conveyancing ;— Be it therefore enacted, by His Ex-Wtitioners in the Civil Court, and to extend the same to per-

cellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof—:

18th Viet. No. 9. 1855.

Certificate of 1st Wm. I. THAT from and after the passing of this Ordinance, it shall

granted till after exami-	4th, No. 1, not to be be incumbent on the Commissioner of the Civil Court of the said
nation of applicants.colony, and he is hereby authorised and required, before granting

any certificate in pursuance of the provisions of the Act to amend an Act intitnled an Act for establishing a Court of Civil Judicature," to examine, or cause to be examined, as hereinafter provided, every person desiring such certificate, by such ways and means as he shall think proper, touching the fitness and capacity of such person to act as an attorney or practitioner of the said Court and a conveyancer ;

Attorney, Practitioner	and if the said Commissioner shall he satisfied by such examination,
and Conveyancer.	'that such person is duly qualifit d and fit and competent to act as an Attorney or Practitioner and Conveyancer, then, and not otherwise,
Exemption of all British
Prrctitioners.	the said Commissioner shall and may issue such certificate. Provi- ded that every attorney of any Superior Court in the British Domi- nions shall be exempt from such examination.
Examiners.	II. THAT the said Commissioner may, if he shall think fit, ap- point two or more persons, being practitioners of said Court, to act as examiners, who shall examine every person desiring such certificate as aforesaid in manner hereinbefore provided, and shall certify in writing to the said Commissioner their opinion as to the fitness and capacity of such person desiring such certificate as aforesaid.

Penalty on rased uncertificated THAT every person who shall, for any fee, gain, or reward,

or unauthorised persons

taking fees for acting In directly or indirectly, draw or prepare any conveyance of or deed a legal capacity,

relating to any real or personal estate, or any proceedings in law or equity (other than and except duly licensed attorneys or practitioners

of the Civil Court having obtained regular certificates, and law offi-

cers of the Crown, and other than and except persons solely employed to engross any deed, instrument or other proceedings not drawn or prepared by themselves and for their own account respectively, and other than and except public officers drawing or preparing official in- struments applicable to their respective offices and in the course of

Informatian by Advocate their duty,) shall forfeit and pay, for every such offence, the sum of

General. £50 Sterling,to be recovered by information at the suit of the Advo-

cate General in the said Court. Provided always, that nothing herein contained shall extend, or be construed to extend, to prevent any per- son or persons drawing or preparing any will or other testamentary papers, or any agreement, not under seal or any letter of attorney.

ed. Conveyancing costs tax- IV. THAT the Rules and Orders for the time being of the said

Court

1855.                18th Viet. No. 9.

Court relating to the taxation of costs, shall be taken to apply to all costs charged for conveyancing business done by any attorney or practitioner of the said court.

V. THAT all sums arising from any penalty or forfeiture under Pin"' half t o to Col onial

Trreasurer, hal f Inform-

moiety to the informer.

this Ordinance shall be applied as follows :— ,-that is to say—after de- e

ducting all costs and expenses, one moiety to be paid to the Colonial

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN CHIEF.

Passed the Legislative Council

this 17th day of April, 1855.3

A. O'GRA.DY LEFROY,

Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Perth.

Printed by authority of the Government, by E. Stirling, Perth.