Legal Profession Act 1843 (SA)

V I C T O R I A E R E G I N B.

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By lfi i r ~ c u l l a n y G ~ o n o a Onxr f iqtrire #ou~r l~or and Cornnznd8r-in-

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L l i q of Her Mnjbdy98 Prwincs of Sotrth Awalrl i. W J ~ ilr Depcndmcirr ?,

1	and IGce-drln&d	of the snms by a d with ths advice and consmt of	f h
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Lcgislaliva Council. .. ,

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indirectly

AN ORDINANCE to ReguZatc the Profarsion of the Law in Sout /L Aztstralia.

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WHEREAS	it is desirable to restrain unqualified perkm from	i
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practising thc Profession of the Law :	i	. .+
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BE	IT THEREFORE ENACTED	BY	HIS EXCELLENCY	h.	GOVERNOR	'. 1 ;	>	.
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of South Australia with tlic advice and co~~sent of the hgislntivc * * < , . "'. .

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,	Council thercof	Thai after the passing of this Ordinance no person xo	.	+	*
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shall bc qualified to practise the Profession of thc ILLW	in this Pro- mitted	the law	in	unless	the SW	ad-	?. -	.. t
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vince unless hc shall have bccn duly admittcd and enrolled as p pwme coun. . t a "

Barrister Attorney Solicitor or Proctor in the Snpreme Court and Pe"lt~ b .:*) S

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whomever .hall in his own name or in the name of any other ; *

t. son sue out any writ or process or commence prosccnte or de end F- *

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any action or suit or any 'proceeding in the Supmmc Court or4 any .i '

Court in this Pmvince for or in expectation of any gain fee or re-

ward without being admitted and enrolled as nforeenid and whom b

ever shall for or in cxpcotation of any gain fee or reward directly br * #:

, indirectly draw or pcpnre any conveyance lcase or other dcd such 1

relating to any real or personal estate or any proceedings in Law or	suit o
Equity without being so admitted and enrolled shall for every such	in e ~ t
offence forfeit and pay the sum of fifty pounds to be sued for and	r!oyq?l
recovered by action of debt hi the'Supreme Court one moiety of	wse 1:
which pcnalty when recovered shall go to the person who will sur	rcasol
for such penaIty for his own use and the other moiety thereof shall	&hcS
be paid to the Colonial Treasurer to be applied to the use of I-Im	costa
hlajesty her heirs and successors,	of tc?:

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Practitioncn nllow- 11. And bc it cmcted that if any ildmittcd Practitioner shall finttc

ing i~nq~~nlificd pcr-

sons to prnctice in knowingly and wilfully permit or allow any person not bcing such	nliscc
or indirectly liable to	their m m c directly an admittecl Practitioner in his name to sue out any writ or process	there
.bastmckoKthcrolls, or commence prosecute or defend any action or other proceeding in	in re{
and sllc~lllwaJfied any Court ill this Pmvince or if any snch admitted Practitioner	in rni
persons to bo , com-	nt L

mitt& to not shall act as Agent for any pcrson not being an admitted Practitioner count or for the profit of any unqualified person thereby to enable

exced'p one or permit his name to be in any manncr made use of upon tlie ac-

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him indirectly to act as s Bnrristei Attorney Solicitor or Proctor	men(
knowing him not to be duly qualified as aforesaid and complaint	char1
shall be made thereof in a summnl:y way to the Supreme Court then	Equi
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proof being made of such offence upon oath to the antisfaction of

the said Court cvcry such Practitioner shall be struck off the rolls	ties 1
and be for evcr aftcr disabled from practising and upon snch corn-	or la
plaint and proof as aforesaid it shall and nmy be lawful for the said	signt

Court to commit any awll rrnqudificd pprson so ncting nnd prac

tising as nforcsnicl to tlie Dcbtors' Prison for any time not exceeding V!

one ycar. be ir

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Not lo apply to son 1

sons practicing Ly 111. Provided always that nothing hereinbefore contained shall

r i m o o r a cenificako be decmcd to extend or apply to persons practising by virtue of a Advc

P nnmination certificate upon examination signed by the Judge Advocntc-General

signed by tho ~ u d ~ e j Adrautc-Gmanl a and crown Solicitor for the time being of their bcing sufficiently v

Pro(

ctOm S o I i c i ~ nor qualified to practise nor to persons acting only as Law-stationers or

to Clcrka. Law Stp or b(

tioners, &C.	i as Clcrks nor to persons employed solely to copy or engross my
:. deed nor to prevent m y Notary Bublic from practising as such and whit

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' l doing all acts which to tlle office of Notary Public properly belong

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, nor to prevent any pcrson from dmwing or preparing any will or	y roa
to tt
' other tcstnmcntary papers.	l
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D c c l ~ ~ i w p0w.r d IV. And wvherens it is desirable tlint no doubt should mist ns to day

G ~ r t In tnx C D B ~ in and

~ o n v c ~ ~ n o i n ~ ~ r. l l t l l e power of the Boprcrnc Court to tarn the costs of m y ndmitte(1, 1

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mOthcrlawb~in~~'Pra~titioner thereof for busincss done by him in his prof&sionaf

and to punhh fm ir. , men

regutaririliq, clmracter or as to the power of the said Court to punish any ad* ceec

hittcd Prnctitionei tl~crrof for misconduct in any rnntter of business

9 trusted to him in hie psofessional charnctcr nltl~ough no pwt of expl

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I	such business may in kither case arise out of or relate to any action suit or proceeding at Law or in Equity be it therefore enacted that in every case where an admitted Practitioner shall have been em- $eyed- to draw or prepare any deed of conveyance or to do or ad-
vise in any matter of business for fee or reward by virtue or by
reason of his being such admitted Practitioner it shall be lawful for the Supl~me Court or for any Judge thereof to cause the bill of

* costs for such nlntter of business to be taxed in the usual manner

of taxing costs in the said Court and also to enquire into and de-

termine any complaint against such Practitioner arising out of such n;atter of business and to punish hiin in a su~nmary mmncr for any misconduct therein and to exercise the like jurisdiction -in relation thereto in all rcspccts as the said Court may now la~vfully exercise

in regard to thc conduct of Practitioners and to their bills of costs

in matters relating to or arising out of any action suit or proceeding

at Law or in Eqnit,y.

V. And be it enacted that no admitted Practitioilcr shall corn- NO action by aprec-

mence or maintain any action or suit for the recovery of any fees tion titioncr or until one expira- month

charges or disbursemei~ts either for business done at Law or in aner bill dclitered

Eauitv or otherwise until thc expiration of one month or more signcd with his hand.

afkr &h Practitiolw sllall hwe delivered unto the party or par-

ties to be charged therewith or left at his or their dyelling-house

or last place of i~bodc a bill of such fees charges or disbi~rse~nentn

signcd with tllc propcr lialld of snch Pmctitioner.

VI. And bc it cuactcd that l\ntkX the term 'cPractitioncr" shall Dcfittition of brm

be included any person admittcd and enrolled in the Supreme P'wtitioncr*

son practising by virtue of such certificate signed by the Judge	Court as a Barrister Attorncy Solicitor or Proctor and every per-
Advocate-General and Crown Solicitor as aforesaid.

VII. And be it further cnacted that every Attorney Solicitor Attornics, &C., ta be

Proctor and Notary practising as s w h within tlie Ptovince shall on certificates.

or before tlie First day of January in evcry y car take out a certificate

which certificate the Collector of Internal Revenuc 'or other officer

in that I~clialf appointed by the Governor shall grant and issue o t ~

proof of the adinission and enrolilleilt of the applicant according

to the provisioiis lleredf on payment of tlw nonrial sum of Five Pounds and every s ~ ~ c l l certificate ~ 1 1 ~ 1 1 bear date the said First day of J~nunry and slid1 rcmain in force for aile year thereafter

l	and no louger ancl wllusocvcr shall in his own name or in the
name of any other person sue out any writ or process or com- mence prosecute carry on or defend any action or suit or any pro- ceedings a5 an Attorney Solicitor Proctor or Notary for or in expectation of ally p i i n fee or reward without having obtained

such.

. certificate shall for every such offence forfeit and pay the sum Fifty Pounds to be sued for recovereci and applied as aforesai(1

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and shall be and is hereby made incapable to maintain or pro^. cute any action or spit for. the recovery of any fee rewarcl or

.- disbursements on account of any such action suit or proceedi~ig.

GEORGE GREY, .

I -	crnor and C o n l m a n d e n - h i
, this Y1hirteenth

, & Passed in the Legidatice C

day of Norember, 1843.

W. L. O'HALLORAN,

Clerk of Council.

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ADELAIDE