Legal practitioners (1865) (WA)

WESTERN AUSTRALIA.

ANNO VICESIMO NONO.

VICTORIA', REGINA:.

me.*****************************************************

NO. IX.

AN ORDINANCE to regulate the admission in the Supreme Court of Attorneys and Solicitors, there to practise as Bar- risters, Attorneys, Solicitors, and Proctors.

[7th, July, 1865. ]

HEREAS under the provisions contained in " The Supreme 24th Viet. No. 15. S. 16.

to practice the Law, unless he has been admitted a Barrister inWCourt Ordinance, 1861," no person is eligible to be admitted

England or Ireland, or hath kept such a number of Terms at one of the Inns of Court in England as would entitle him to be called to the Bar there, or hath been duly admitted and practised as

a Banister in one of Her Majesty's colonies, or has regularly served

five years in the office or offices of some Barrister of this Colony as M. the said Ordinance set forth: And whereas it is now con- sidered inexpedient that the practice of the law should remain restricted to members of the Bar, and it is deemed just that facilities should be afforded to Attorneys and Solicitors for obtaining admission as general practitioners in the said Supreme Court ; Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent 01 the Legislative Council thereof, as follows :—

29° VICTORLE, No. 9.

Attorneys and Solicitors, Admission.

Persons to be hereafter	IN addition to the persons described in the sixteenth section
admitted as practitioners in

the Supreme Court, in addi-	of " The Supreme Court Ordinance, 1861," the following persons
tion to those mentioned in	also shall be eligible to be hereafter admitted to practice in the said
24 Viet., 15, sect. 16.	several capacities of Barristers, Attorneys, Solicitors, and Proctors, anything in the said Ordinance to the contrary thereof notwith- standing, that is to say ;

Attorneys and Solicitors of	First. All persons who have been or shall hereafter be duly
the Courts in England and

Ireland, and Writers to the

admitted and enrolled as Attorneys or Solicitors in any of

Signet and Solicitors in

Her Majesty's Superior Courts of law or equity in England

Scotland.

or Ireland, or as Writers to the Signet, or as Solicitors

in the Supreme Court of Scotland.

Attorneys and Solicitors of

the Superior Courts in Her Second. All persons who, being subjects of the British Crown,

Majesty's Colonies, where	have been or shall hereafter be duly admitted and enrolled as
the system of jurisprudence
is assimilated to that of	Attorneys and Solicitors in the Superior Courts of Law and
England, Sze.	Equity in those of Her Majesty's colonies or dependencies where the system of jurisprudence is founded on or assimilated to the common law and principles of equity, as administered in England, and where full service under articles of clerkship to an Attorney-at-law `or the space of five years at the least, and an examination to test the qualification of candidates, are or may be required previous to such admission, save only in the case of persons previously admitted as Attorneys or Solicitors in the Superior Courts of Law or Equity in England.
Notices to be given by

Attorneys and Solicitors 2,

ANY person who shall intend to apply for admission as a Practitioner of the said Supreme Court, on the ground of his having been previously admitted elsewhere as an Attorney or Solicitor, shall, one calendar month before such application be made, cause his name and place of abode, written in legible characters, to be affixed in the office of the Registrar of the Court, and shall also cause notice of his intended application to be twice published in two public newspapers of the colony (if at such time there shall be two such newspapers).

previous to admission.

Affidavit to be made and 3,

ANY person applying for admission as set forth in the last preceding section of this Ordinance, shall, at the time of giving the notice hereinbefore required, file with the Registrar a Certificate of his previous admission, or a true copy thereof, together with an affidavit which shall contain the following allegations; namely, that the deponent has been admitted in one of the aforesaid Courts; that he has not done or committed any act or thing which would cause his name to be struck off the Roll of such Court, and that, to the best of his knowledge and belief, his name still remains on the Roll thereof ; that the Certificate, or copy of the Certificate, annexed to his affidavit is the original Certificate of his admission or a true

filed with the Registrar.

29° VICTORI}E, No. 9.

Attorneys and Solicitors, Admission.

copy thereof, as the case may be, and that he is the person named therein; the time when he ceased to practice ; the time of his arrival in the Colony ; the name of the ship in which he arrived ; the mode of his employment from the time he ceased to practise ; the name of, at least, one respectable housekeeper resident within the Colony to

whom he is known. And a rule for the admission of the applicant, court or X n ge may order Judge

may be ordered and drawn up on reading such affidavit, or the	admission or reject the
Court, or the Chief Justice at Chambers, may reject and refuse the application where previous misconduct or long discontinuance of practice in the Law renders the applicant unfit to be admitted a practitioner of the Supreme Court.

4    ANY person having reasonable ground to object to the Caveat may be entered

admission of any other person who has given notice of his intention against adm scion. i

to apply to be admitted as a Practitioner of the Supreme Court, on the ground of his not being entitled to be admitted, or of his having been guilty of some misconduct which, if he was a practitioner of the Court, would subject him to be struck off the Rolls thereof, may enter a Caveat in the Supreme Court office against such admission, and shall at the same time file an affidavit or affidavits wherein shall be distinctly stated the grounds of objection, and thereupon it shall be lawful for the Court, or the Chief Justice at Chambers, if the grounds of objec- tion shall appear to the Court or Judge to be reasonable, to order a Rule nisi to issue.

rule to be drawn up, calling on the party objected against, to show cause, upon a day to be fixed and appointed in and by the said rule, why his application should not be rejected ; and such rule shall be duly served on the party objected to, at least seven days before the day appointed for the attendance thereon. And upon the hearing Court may admit or reject

thereon, it shall be lawful for the Court or the Judge to make such pplic	aant.
order as shall seem just either for admitting or rejecting the applica-
tion of the party objected against, and also with respect to costs.	Costs.

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council,

this 7th day of July, 1865.

G. E. HAMPTON,

Clerk of the Council.