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The Rules of the Law Society of British Columbia, taking effect on the 4th day of October, 1897, and… Law Society of British Columbia 1897

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THE
RULES
THE LAW SOCIETY
BRITISH COLUMBIA,
Taking Effect on the 4th Day of October, 1897,
THE LEGAL PROFESSIONS ACT, 1895,
Victoria, B. G.,
The Colonist Printing- and Publishing Co., Ltd.
WêÊÊ$ÊêM^I0MMéêÊ $,
n*— THE
RULES
THE LAW SOCIETY
BRITISH COLUMBIA,
Taking Effect on the 4th Day of October, 1897,.
THE LEGAL PROFESSIONS ACT, 1895.
^
Victoria, B. C,
The Colonist Printing and Publishing Co., Ltd.
1897.  Law Society of British Columbia.
VISITORS:
The Honourable the Judges of the Supreme Court of British Columbia.
BENCHERS:
Ex-officio.
(See the "Legal Professions Act, 1895," Sec. 5.)
The Attorney-General of Canada for the time being.
The Attorney-General of British Columbia for the time being.
Any Retired Judge of the Supreme Court of British Columbia.
l^he following Gentlemen are Benchers ex-officio :
The Honourable Sir Oliver Mowat, K. C. M. G., Q. C,
Minister of Justice and Attorney-General for Canada.
The Honourable David MacEwen Eberts, Q. C,
Attorney-General for British Columbia, (4th March, 1895).
The Honourable Sir Henry P. Pellew Crease,
Retired Judge of the Supreme Court of British Columbia.
Elected for the  Year i8çj-8 :
Charles Edward Pooley, Q. C,
Lewis Griffith McPhillips, Q. C,
Charles Wilson, Q. C,
Harry Dallas Helmcken, Q. C ,
Edward Pease Davis, Q. C,
James Stuart Yates, Esq.,
Ernest Victor Bodwell, Esq.,
Eustace Alvaney Jenns, Esq.,
Francis Brook Gregory, Esq.,
Victoria.
Vancouver.
Vancouver.
Victoria.
Vancouver.
Victoria.
Victoria.
New Westminster,
Victoria. TREASURER, 1897-8:
The Hon. Charles Edward Pooley, Q. C.
SECRETARY, SUB-TREASURER AND LIBRARIAN:
Peter Secord Lampman, Esq.,
Barrister-at-Law.
Treasurers of the Society since its Incorporation, with the Years during
which they respectively held office :
The Hon. Montague William Tyrwhitt Drake. .. 12th April, 1884 to 9th Oct., 1895;
Now a Justice of the Supreme Court of British Columbia.
The Hon. Albert Norton Richards,
The Hon. Charles Edward Pooley,
9th Oct., 1889 to April, 1897-
 1892* RULES.
RULES OF THE LAW  SOCIETY  OF  BRITISH COLUMBIA,
PASSED ON THE 4th DAY OF OCTOBER,  1897.
By the Benchers of the Law Society of British Columbia, it
3s ordained as follows: —
1. The interpretation clauses of the Interpretation Act of British
Columbia, shall, so far as material and applicable, be considered as
also applying* to the rules and orders of the Society in like manner
-as if expressly incorporated therewith.
2. All former rules of the Society are hereby repealed: Provided that the Benchers may, in their discretion, where they
■consider that compliance w'th these rules would be a hardship,
permit any Student-at-Law or Articled Clerk whose name is now
•enrolled on the books of the Society, to complete such portion of his
term under the rules hereby repealed and may dispense with such of
the examinations required by these rules as to the Benchers may
seem right on application by such student or clerk to the Benchers.
THE SOCIETY.
3. The permanent seat of the Law Society shall be at the Law
Courts, in the City of Victoria.
SEAL.
4 The Seal of the Society shall consist of an oval cartouche of
renaissance design :
Thereon a sword erect in pale,   pommel in base,  sustaining* a pair of scales :
For a Crest : The Badge of the Province :
Motto : Lex Liberorwn Rex.
Surrounded by a scroll containing the   words :
"The
Law Society  of British Columbia."
In exergue : "Incorporated, 1884."
—=       ........._ 5- The custody of the Seal of the 'Society shall belong to the
Secretary for the time being, who shall countersign every instrument
to which he shall affix such seal.
ROLLS AND RECORDS.
6. The Secretary shall, during the term of his office, safely keep
the Rolls and Records of the Society, and no alteration or addition
shall be made in or upon the same, except under the authority of a
resolution of the Benchers.
MEETINGS OF BENCHERS.
7. The regular meetings of the Benchers shall be held at the
City of Victoria, on the first Monday of January, April, July and
October in every year.
8. Special meetings may be held on the written request of two
Benchers addressed to the Secretary. Notices stating the objects of
the special meeting, and the time fixed therefor, shall be sent by
post by the Secretary to each Bencher at least five days before the
day of meeting.
9. The Treasurer or any two Benchers may, if any unforseen
emergency render it necessary, summon a special meeting of the
Benchers by giving notice thereof by telegraph or otherwise, at least
two days previous to the day of meeting.
10. Any four Benchers shall be a quorum and in default of a
quorum after the lapse of thirty minutes beyond the hour of the meeting, the Treasurer, or in his absence the senior Barrister present, may
adjourn the meeting to any other day previous to the next-regular
day of meeting.
11. The proceedings of the Benchers shall be conducted as
nearly as may be according to the ordinary Parliamentary mode.
12. After any question is put no further debate on the question
shall be allowed, but the yeas and nays shall be recorded at the
request of any Bencher. 13. The order of business at the regular meetings of the
Benchers shall be as follows:
(i.) Reading- of minutes of last meeting*.
(2.) Matters arising out of the minutes.
(3.) Communications—General business.
(4.)  Reports:      Secretary's,   Examiners',    Reporter's,   Credential and other Committees' Reports.
(5.) Petitions.
(6.) Complaints.
(7.) Notices of Motion.
14. It shall be the duty of the Secretary, at each meeting of the
Benchers, to read the minutes of the previous ordinary or special
meeting, which after being approved shall be signed by the Treasurer,
or the Chairman pro tern.
15. The following Standing Committees shall be annually elected
at the first meeting of the newly elected Benchers in every year, and
shall hold office until the election of their successors :
1. Finance. 4.  Discipline.
2. Library. 5.  Credentials.
3. Reporting.
16. Each Standing Committee shall consist of four members in
addition to the Treasurer, who shall be ex-officio a. member of all
Standing Committees and three members shall be a quorum.
17. Any vacancy in any committee shall be filled up at the first
business meeting of the Benchers held after the occurrence of such
vacancy.    ^S|J
18. The Treasurer shall preside as Chairman at all meetings,
and in his absence the senior barrister present at any meeting shall
be Chairman.
OFFICERS.
19. There shall be the following salaried or paid officers of the
Society :
(1.) A Secretary who shall be ex-officio Sub-Treasurer and
Librarian. (2.) A Reporter and Assistant Reporters, as required.
(3.) Examiners.
(4.) Assistant Librarians.
The Secretary and Assistant Librarians shall be severally required
at all times to discharge the duties of any officer of the Society
when required by the Benchers, or by the Treasurer, or by the Chairman of any Committee having supervision over the functions or
duties to be discharged.
20. All offices in the gift of the Society shall be held during the
pleasure of the Benchers.
21. All officers shall be appointed by resolution of the Benchers,
except that it shall be competent for the Treasurer to temporarily fill
any vacancy which the exigencies of the case may require to be filled.
22. The officers above mentioned shall be paid such salaries or
fees as the Benchers shall fix.
THE SECRETARY.
23. In addition to the duties required of the Secretary by any
statute :
(1.) He shall be the custodian of all documents, papers and
books (except the Treasurer's books of account and
securities) belonging to or filed with the Society.
24. He shall keep a record or minute of all proceedings of the
Benchers, in a book to be called the Minute Book, and such record or
minute shall, after being read and confirmed at a subsequent meeting
of the Benchers, be signed by the Chairman and Secretary, and he
shall also conduct all necessary correspondence, prepare air,necessary
diplomas, certificates and other documents appertaining to his department, and perform all other services incidental to the office.
25. He shall five days before the dates for thé various examinations, notify the respective examiners of the number of candidates
who have given due notice of their intention to present themselves
* for examination at the various examinations. 26. He shall after the result of each examination has been
declared, post in a conspicuous place in the Library at Victoria a list
showing the names of the successful candidates,
27. He shall, between the first and tenth days of March preceding the day of election of Benchers, send by mail a voting paper in
the form required by the statute, to each member of the Society
entitled to receive such voting paper, and shall also between the said
first and tenth days of March, cause to be posted up in a conspicuous
place in all the Libraries of the Society a printed copy of the list of
the Barristers and Solicitors who are entitled to vote at the succeeding election of Benchers.
28. He shall, on or before the first Monday in September in each
year, notify all practising Barristers and Solicitors of the rules relating
to the payment of their annual fees.
29. The Secretary for the time being shall be required to give
security by bond of some Guarantee Company to.the Society to the
extent of $2,500.00, for the due performance of the duties of his
office, including the duties of Sub-Treasurer, the Society to pay the
premium therefor.
FINANCE COMMITTEE..
30. The Finance Committee shall be charged with the management of the finances of the Society, and all matters relating to its
resources and expenditure, and may appropriate from time to time
such sums as may be required for expenditure by other Standing**
Committees and shall certify such other accounts as may be due by
the Society and order their payment.
31. The annual statement of receipts and expenditure shall be
printed, and in accordance with the* u Legal Professions Act, 1895,"
Sec. 31, a copy of such statement shall be sent by mail to every member
of the Society at least ten days before the first Monday in March.
32. The Bank of Montreal or other chartered bank duly authorized by the Finance Committee, shall be the bank of deposit and
account for the Society, and the Secretary shall, from time to
time, deposit therein to the credit of the Society all moneys received
for and on account of the Society, which being done, such deposit
shall exonerate the Secretary making such deposit. MEk—
33. The moneys of the said Society, deposited in the said bank,
when required for payment of salaries, contingencies and other
accounts, from time to time required to be paid try the rules or orders
of the Society, or by any Committee acting under or in accordance
with any such rules or orders shall be drawn and paid out upon a
cheque signed by the Secretary and countersigned by any two members of the Finance  Committee or  by the  Treasurer.
LIBRARIES.
34. The Librarian shall have the immediate and general charge
of all the Libraries of the Society under the superintendence of the
Library Committee.
35. The Ljbrary Committee shall assume the general superintendence and management of the Libraries, and shall purchase such
books as in their judgment may be necessary.
36. The following shall be the rules for the regulation of the
Libraries :
(2.
The Libraries shall be kept open for the use of the Judges
of the Supreme and County Courts, Barristers and Solicitors who have paid their annual fees, Registrars of the
Courts and of Titles, Students-at-law, Articled Clerks
and applicants entered on the books of the Society
for call or admission : Daily from 9.30 a.m. until 5
p.m., or until the Courts rise if sitting at five o'clock,
except as hereinafter mentioned.
In the Long Vacation daily from ten o'clock a.m. until
two o'clock p.m.
In the Christmas Vacation daily from ten o'clock a.m.
until four o'clock p.m.
The Libraries shall be closed on Sunday and on New
Year's Day, Her Majesty's Birthday, Dominion Day,
Christmas Day, Easter Monday, and any other day set
apart by public proclamation as a holiday, and in the
event of any of the said holidays falling upon a Sunday, the following day ; and on Saturday at one o'clock
p.m., except when the Courts are sitting. •   ■■
(3.) No conversation shall be carried on and no smoking
shall be allowed in the Library.
(4.) No person shall place his hat, great coat, cloak, etc., on
any table or chair in the Library.
(5.) No book shall be taken out of the building in which the
Library is situated.
(6.) It shall be the duty of the Assistant Librarians to
report to the Secretary any infringement of the rules or
orders of the Society for the regulation of the Library.
(7.) The Judges of the Supreme and County Courts shall be
at liberty to take books from the Library, upon application to the Librarian or Assistant Librarians, and any
member of the Law Society in good standing requiring the use of any book upon the argument of a case
in the building in which the Library is situated shall be
at liberty to have such book upon application to the
Librarian or Assistant Librarians, such book to be
returned to its place in the Library within a reasonable
time after the close of the argument for which it may
have been required.
(8.) For the application to the Librarian or Assistant
Librarian mentioned in the last sub-section, it shall be
sufficient to enter- the name and volume of the book
required and of the person taking the same in a register
book, one of which shall be kept in each of the -Libraries
for that purpose.
(9.) If any member of the Society or other person entitled
to use the library shall fail to observe the regulations
relating to the Libraries, any two of the Discipline
Committee may deprive such offending member of the
use of any of the Libraries for such time as they may
deem proper, and the names of any suspended members
shall be posted in the Libraries. Any person feeling*
aggrieved at the action of such Benchers may appeal
to the Benchers from such decision at their next meeting.
ADMISSION  AND   ENROLLMENT.
37.    The Committee on Credentials shall superintend the admission and enrollment of candidates   as Students-at-law and Articled Clerks, and shall report thereupon to the Benchers in the manner
hereinafter provided.
38. Students-at-law and Articled Clerks shall be admitted or
■enrolled in the months of January, April and July.
39. No person shall be admitted or enrolled who is not of the
full age of 16 years.
40. Notice in the Form A in the Appendix of the intention of any
person to apply for admission as a Student-at-law or enrollment as an
Articled Clerk and containing the name, addition and family residence
of the candidate, must be delivered to the Secretary of the Society
on or before the first Monday in the month preceding the month
in   which he   seeks  admission or enrollment.
41. A graduate in the Faculty of Arts or Law in any University
in Her Majesty's Dominions empowered to grant the Degree of
Bachelor or Master of Arts, or Bachelor or Doctor of Laws, or a
cadet of the Royal Military College, Kingston, who has received his
diploma of graduation, shall not be required to pass the preliminary
examination, but shall comply with these rules in all other respects,
and he shall in addition exhibit to the Benchers his diploma, or satisfy
the Benchers of his having" received his degree.
42. Every applicant for admission or enrollment as.a Student-
at-law or Articled Clerk shall at the time of giving the notice hereinbefore referred to, file with the Secretary a satisfactory certificate in the
Form B in the Appendix signed by two practising* members of the
profession that the applicant is a person of good moral character.
43. Personal attendance of any applicant for admission or
enrollment as a Student-at-law or Articled Clerk shall not be
necessary.
44. Every candidate for admission shall at the time of giving
the notice aforesaid deposit with the Secretary the amount of fees
payable on admission, and every candidate for enrollment as Articled
Clerk only shall do the like ; his form of notice however, to be varied
to suit his case.
45. Upon compliance with the above requirements, and upon
passing the examination hereinafter provided, the candidate shall be 13
entitled to be entered on the books of the Society as a Student-at-law
or Articled Clerk, or both, as the case may be. The Articles of
Clerkship of any Articled Clerk may be in the Form P in the
Appendix and any assignment of such Articles may be in the Form
Q in the Appendix, and the declaration of the execution thereof
required to be annexed thereto shall be in the Form R in the
Appendix.
46. Graduates shall be classed according to their rank, if
graduates of the same University ; or according to the dates of their
diplomas or degrees if graduates of different Universities. Candidates
not graduates must be classed according t j their merit.
SERVICE.
47. The term of attendance at Barristers' chambers before calï
to the bar, and of service under articles before admission as Solicitor
shall be five years, except in the case of Students-at-law who, previously to having been entered on the books of the Society shall have
attained the Degree of Bachelor or Master of Arts, or Bachelor or
Doctor of Laws in any recognized University of Great Britain or
Ireland, or the Dominion of Canada, and of Articled Clerks who previously to having been articled shall have attained the Degree of
Bachelor or Master of Arts in any such University, in any of which,
cases the term of five years shall be reduced to three.
48. The term of attendance or of service under articles shall be-
effectual only from the date of entry on the books of the Society.
49. No person attending in the chambers of a Barrister in pursuance of the foregoing rules shall, during his term of attendance,
hold any office of emolument, or engage or be employed in any occupation whatever, other than that of a Student in attendance, and no
person bound by articles of clerkship to any Solicitor, shall, during
the term of service mentioned in such articles, hold any office of
emolument, or engage or be employed in any occupation whatever,
other than that of clerk to such Solicitor, or his partner or partners
(if any) in the business, practice or employment of a Solicitor.
50. Any Student-at-law or Articled Clerk studying or bound
within the Province who may desire to complete his studies or who
may desire during a portion of his term to pursue his studies, or serve
his Articles outside  the  Province, shall give written  notice to the- i4
Secretary of the Society in Form C in the Appendix of such desire,
which notice shall state at what place and during what portion of his
term he wishes to pursue his studies or serve under Articles outside
the Province, the name of the Barrister or Solicitor with whom, or
the Law School at which, he proposes to study and every Student-at-
law or Articled Clerk shall in addition thereto file with the Secretary
of the Society the written consent of the Barrister in whose chamber
such student is studying, or of the Solicitor to whom such Articled
Clerk is bound, permitting such Student-at-law or Articled Clerk to
pursue his studies or serve such portion of his term outside the
Province.
On receipt of such notice and consent the Secretary shall lay
the application before the Benchers who may give permission to the
Student or Articled Clerk to pursue his studies or serve his Articles
for the time mentioned in such permission with such Barrister or
Solicitor, or in such Law Schools as may be stated in such permission
and the period so spent in such Law Office or such Law School shall
be considered as part of the period of five years or three years term
of study required by statute, provided however, that before such
Student or Articled Clerk shall be called or admitted as hereinafter
provided he shall obtain from such Barrister or Solicitor, or from the
proper officer of such Law School, answers to such questions in
Schedules A and B to Rules 61 to 64 as may be applicable to his
case, and also a Certificate in the form required by Schedule C to
Rules 61 and 64.
EXAMINATIONS.
51. All examinations shall be held at the following dates, that
is to say: the second Monday in December; the fourth Monday in
March; and the fourth Monday in June, in each year.
PRELIMINARY EXAMINATIONS.     ' ^ J
52. Previously to the name of any candidate being entered on
the roll as a Student-at-law or Articled Clerk, (except in the cases
provided for in rule 41), he shall pass an examination in the following
subjects : \ .LL*
(a.) English History, William III to George III.
Canadian History, from the Treaty of Paris. i5
(b.) Geography.
(c.) Arithmetic.
(d.) Algebra, to Quadratic Equations, inclusive.
(e.)  Euclid, Books I, II and III.
(f.) English Grammar,  English Composition,  and Writing
from dictation.
Craik's English Literature.
)fc\x   Hamlet, Lady of the Lake.
(g.) Virgil Aeneid, Book I;  Horace Odes, Books I and II.
Latin Grammar.
(h.) French Grammar, Telemaque par Fenelon.
INTERMEDIATE AND FINAL EXAMINATIONS.
53. There shall be three examinations for call and admission of
Students and Articled Clerks in addition to the preliminary examination, such examinations to be passed as follows :
(1.)  In the case of five year Students, at or at any time after
the end of the 2nd, 4th and 5th years respectively.
(2.) In the case of three year Students, at or at any time after
the end of the 1st, 2nd and 3rd years respectively.
54. The subjects and books for examination shall be as follows :
FIRST   INTERMEDIATE.
Contracts, Anson.
Common Law,      ....    Indermaur.
Real Property,       ....    Williams.
Equity,    .     .     .    .    .    .   *.     H. Arthur Smith.
County Court Acts and Rules.
SECOND   INTERMEDIATE.
Pleading, Odger.
„    , „ fSmith's Landlord and
Real Property, {.  ,.
F     J I    Tenant.
Evidence, Stephen's Digest.
Personal Property,    .    .    .    Williams.
Torts, Underhill. <r
-
16
Statutes,
Law and Equity Act,
Supreme Court,
Land Registry,
Execution,
Trustees and Executors,
Married Woman's Property Act,
Mechanics' Liens,
Municipalities,
Evidence,
Partnership.
SOLICITOR.
Wills, Hawkins.
Contracts, Leake.
Torts, Pollock.
Equity, Story.
Executors,   ......    Walker & Elgood.
Choses in Action, ....     Kehoe.
Criminal Code,
Statute Law of British
I     Columbia and the
^    Dominion of Canada.
Pleading and Practice in British Columbia Courts.
Statutes,
BARRISTER.
Broom.
Pollock.
Snell.
Stephen's Digest.
Byles.
( Harris, and Criminal
Practice and Procedure under Code,
f Bourinot's Constitution
I of Canada.
Jurisprudence, ..... Maine's Ancient Law.
Pleading  and   Practice   in   the   Courts   of British
Columbia.
Statute Law of British Columbia and Dominion of
Canada.
Common Law,
Contracts,   .
Equity,    .
Evidence,
Bills and Notes,
Criminal Law,
Constitutional Law, i7
55- At all examinations the candidates shall write under numbers, and the names to which such numbers correspond shall be
known only to the Secretary, who after the examination is concluded
shall hand the list of same to the Benchers. The Examiners shall
not be present while the candidates are writing, but the Secretary
or other person appointed by the Secretary shall preside.
56. Candidates intending to present themselves for either of the
Intermediate Examinations must give at least two weeks' notice in
writing to the Secretary, which notice must be accompanied by the
prescribed fee and the notice shall state the candidate's standing in
the Society and the dates at which he passed any prior examinations
(if any), and may be in the Form D in the Appendix, with such
changes or variations as the circumstances may require.
57. Candidates for all final examinations must pay the prescribed fee before taking the examination.
58. At the conclusion of each examination the Examiner shall
report to the Benchers the percentage of marks obtained in each
subject by the candidates, and the Benchers shall by resolution
declare the names of the candidates who have passed such examinations.
CALL TO  THE   BAR AND  ADMISSION  AS A SOLICITOR
OF   STUDENTS  AND  ARTICLED   CLERKS.
59. No Student-at-law entered on the books of this Society
shall be called to the Bar, and.no Articled Clerk shall be admitted as
a Solicitor, unless he be of the full age of 21 years, nor without having
passed the required examinations and in all other respects complied
with the statutes and rules of the Society.
60. Every candidate for call to the Bar must deliver a written
notice in the Form E in the Appendix hereto, to the Secretary at least
two weeks before the date of the examination, and also, his petition
for call in the Form F in the Appendix hereto. The prescribed fees
must accompany the notice.
61. Every candidate for call to the Bar, shall, with his petition
for call, leave with the Secretary of the Society answers to the
several questions set forth in Schedule A of this Rule, verified by
the declaration in the Form G in the Appendix, and also answers to
<4i the questions set forth in Schedule B of this Rule, signed by the
Barrister in whose chambers such candidate has attended in
pursuance of rule, together with the certificate provided for in
Schedule C also contained.
Schedule A.
The following questions are to be answered by the candidate
himself:
ist.    What was your age at the date of your admission ?
2nd. Have you actually and bona fide attended during your
whole term of years in the chambers of some Barrister ? If so, give
the name and address of such Barrister.    And, if not, state the reason.
3rd. Have you, at any time during the said Term, been absent
without permission of the Barrister in whose chambers you attended ?
And, if so, state the length and occasion of such absence.
4th. Have you, during the period of your attendance, been
engaged or concerned in any profession, business or employment
other than your professional employment as Student in attendance ?
5th. Have you, since the expiration of your said Term, been
engaged or concerned, and for how long a time, in any, and what
profession, trade, business or employment, other than the profession
of a Barrister?
Schedule B.
The following questions are to be answered by the Barrister or
Barristers in whose chambers the Student has attended, for any part
of his Term :
1 st. Has A. B. actually and bona fide attended during his whole
term of years in your chambers ?    And, if not, state the re,ason.
2nd. Has the said A. B., at any time during the said Term, been
absent without permission ? And, if so, state the length and occasion
of such absence.
3rd. Has the said A. B., during the said Term, been engaged
or concerned in any profession, business or employment, other than
his professional employment as Student in attendance ? l9
4th. Has the said A. B., during the whole Term, with the
exceptions above mentioned, been faithfully and diligently employed
in your professional business of a Barrister ?
5th. Has the said A. B., since the expiration of his said Term,
been engaged or concerned, and for how long a time, in any, and
what profession, trade, business or employment, other than the profession of a Barrister?
Schedule C.
I  do hereby certify that the  said A.  B.  has actually and bona
fide attended in my   chambers for the period of ; and that he is a
fit and proper person to be called to the Bar.
62. The diploma of a Barrister of the Society shall be in the
Form H in the Appendix.
63. Every candidate for admission as a Solicitor must deliver to
the Secretary at least two weeks before the date of the examination,
a written notice in the Form I in the Appendix hereto ; and also, his
petition for admission in the Form J in the Appendix hereto. The
prescribed fees must accompany the notice.
64. Every candidate for admission as a Solicitor who has served
under articles shall with his petition leave with the Secretary answers
to the several questions set forth in Schedule A of this Rule, verified
by his statutory declaration in the Form G in the Appendix, and also
answers to the questions set forth in Schedule B of this Rule, signed
by the Solicitor with whom such candidate has served his clerkship,
together with the certificate  in  Schedule C,  also contained.
Schedule A.
The following questions are to be answered by the Clerk himself:
1st.    What was your age at the date of your articles ?
2nd. Have you served the whole Term of your articles at the
office where the Solicitor or Solicitors to whom you were articled or
assigned, carried on his or their business ? And, if not, state the
reason.
3rd. Have you, at any time during the Term of your articles,
been absent without the permission of the Solicitor or Solicitors to whom you  were articled or assigned ?    And, if so, state "the length
and occasion of your absence.
4th. Have you, during the period of your articles, been engaged
or concerned in any profession, business or employment other than
your professional employment as clerk to the Solicitor or Solicitors to
whom you were articled or assigned ?
5th. Have you, since the expiration of your articles, been
engaged or concerned, and for how long a time, in any, and what
profession, trade, business or employment, other than the profession
of a Solicitor ?
Schedule B.
The following questions are to be answered by the Solicitor
with whom the Clerk may have served any part of the time under his
articles :
1st. Has A. B. served the whole Term of his articles at the
office where you carry on your business ? And, if not, state the
reason.
2nd. Has the said A. B., at any time during the Term of .his
articles, been absent without your permission ? And, if so, state the
length and occasion of such absence.
3rd. Has the said A. B., during the period of his articles, been
engaged or concerned in any profession, business or employment
other than his professional employment as your Articled Clerk?
4th. Has the said A. B., during^the whole Term of his clerkship, with the exceptions above-mentioned, been faithfully and
diligently employed in your professional business of a Solicitor ?
5th. Has the said A. B., since the expiration of his articles, been?
engaged or concerned, and for how long a time, in any, and what
profession, trade, business or employment other than the profession
of a Solicitor ?
Schedule C.
I do hereby certify that the said A. B.  has duly and faithfully-
served under his articles of clerkship or assignment (as the case may- be), bearing date, etc., for the term therein expressed; and that he is
a fit and proper person to be admitted as a Solicitor.
65. The Diploma of a Solicitor shall be in the Form K in the
Appendix.
66. In case any such candidate for call or admission, or both,
at the time of leaving his petition and papers with the Secretary of
the Society, as hereinbefore provided, proves to the satisfaction of the
said Secretary, that it has not been in his power to procure the
answers to the questions contained in the said Schedules B or the
Certificate of Service therein also contained, the said Secretary shall
state such circumstances specially in his report upon such candidate's
petition.
CALL OF SOLICITOR OF THE   PROVINCE AS BARRISTER
AND ADMISSION   OF BARRISTER  AS   SOLICITOR.
67. The Benchers may call to the Bar any Solicitor of the
Province of British Columbia, who is in good standing and who has
been in actual practice for one year immediately preceding his application so to be called, upon such Solicitor complying with the
provisions of Rule 60 and upon his passing the final examination
required for Barristers in Rule 54. The petition in addition to what
is required by Form F in the Appendix shall show when such-Solicitor
was admitted and where he has practised in the Province of British
Columbia.
68. The Benchers may admit as a Solicitor any Barrister of the
Province of British Columbia who is in good standing and who has
been in actual practise for one year immediately preceding his application to be admitted as a Solicitor, upon such Barrister complying
with the provisions of Rule 63, and upon his passing the examination
required for Solicitors in Rule 54. The petition in addition to what
is required by Form J in the Appendix shall show when such Barrister
was called and where he has practised in the Province of British
Columbia.
RULES  AS  TO  PRESENTATION   OF  BARRISTERS  TO
COURT  AND   ADMISSION   OF   SOLICITORS.
69. After the Benchers shall have declared the names of the
candidates who have passed the final examination for call or admis- sion, they shall if the candidates have in other respects conformed to
the rules of the Society, pass a resolution calling or admitting, as the
case may be, such successful candidates.
70. On the first day of any sitting of the Full Court after the
passing of such resolution, such of the Barristers and Solicitors as
have been thus called or admitted who shall desire to be sworn in
shall present themselves at the Benchers' Room in the proper costume
of the Court.
71. On the assembling of the said Full Court, the gentlemen
who have thus presented themselves for call and admission at the
Benchers' Room shall be severally presented to the Court by some one
of the Benchers who shall be in attendance for that purpose, and'
thereupon they*shall take the oaths prescribed in that behalf by the
j Legal Professions Act, 1895."
72. No person shall be sworn in as a Barrister or Solicitor
except at the times and in the manner provided for in the preceding
rules.
Provided, however, that any Barrister or Solicitor called or
admitted by the Benchers, who may be unable to present himself on
the first day of any such sitting of the Full Court as aforesaid, may
on proof to the Benchers that such inability was caused by illness,
and with the consent of the Benchers, present himself and be sworn
in on such subsequent day of such sitting as the Benchers may fix.
ADMISSION OF BARRISTERS AND SOLICITORS FROM
OTHER PARTS OF THE BRITISH DOMINIONS.
73. Applicants (from other parts of the British Dominions) for
call or admission, pursuant to section 37 of the <l Legal Professions
Act, 1895," must file with the Secretary an application in writing to be
entered on the books of the Society. Such application shall state the
full name of the applicant, the name of the Court and country in
which he is entitled to practise, and whether the application is for call
or admission or both. The application must be verified by a statutory
declaration of the applicant in Form M in the Appendix, and shall be
as nearly as possible in the Form L in the Appendix.
74. Every such applicant, before enrollment, must deposit with
the Secretary the prescribed fee and furnish satisfactory proof : 23
Of his call or admission or both, as the case may be,
and that he still remains in good standing as such Barrister or Solicitor; and that since his admission or call
no adverse application has been made to any Court or
Courts to strike him off the roll of any Court, or otherwise to disqualify him as such Barrister or Solicitor; or
no adverse application has been made to disbar or otherwise disqualify him from practice at the Bar of which he
claims to be a member, and that no charge is pending
against him for professional or other misconduct.
(b.)  Of good moral character and repute.
Appendix.
(c.)  Of residence in the Province.
See Form N in the
(d.) In case any adverse application has been made as mentioned in subsection (a) of this rule, the applicant
shall set forth the facts and circumstances, and shew the
result, certified to by the proper officer having the record
thereof.
75. The applicant shall make a list of the papers sent by him
and shall attach the papers together in the order specified in the said
list and shall forward the list and papers to the Secretary.
76. Upon compliance with the three preceding rules, the Secretary
shall submit the papers to the Credentials Committee for perusal and
report, and if the Committee shall report favorably thereon, the
Secretary shall enter the name of the applicant on the books of the
Society as an applicant for call or admission, or both, as the case may
be. And the Benchers shall by resolution at their next meeting confirm or cancel the entry, but such entry may at any time thereafter
before the applicant shall have been called or admitted be cancelled
by the Benchers for good cause shown.
77. No person shall be entered on the books of the Society as an
applicant until his papers are complete.
78. Applicants shall for at least two months immediately preceding call or admission, advertise in the British Columbia Gazette notice
of their application. '-» f M
24
79. Before call or admission every applicant shall file a statutory
declaration that since his entry on the books of the Society he has not
practised, or assumed to act, or held himself out to the public in any
way as a person qualified to act as a Barrister or Solicitor, or has not
in this Province advertised or held himself out, with the object of
obtaining legal practice in the Province, to be a Barrister, Advocate
or Solicitor of any other Province or country; and also, that he has
resided in the Province six months since his enrollment on the books
of the Society, and shall also file with the Secretary a certificate
signed by two Barristers or Solicitors in good standing, which certificate shall be in the Form O in the Appendix.
80. Examinations shall be held at the same time and place as
the regular examinations for call and admission, and every applicant
who intends to present himself for examination must g"ive two weeks
notice in writing to the Secretary of his intention so to present himself for examination.
81. Every person who has been duly called and admitted to
practise as an Advocate in the Court of Session of Scotland, or who
has been called and admitted to practise as a Barrister-at-law or
Advocate, or who has been duly admitted to practise as a Solicitor,
Law Agent, or Attorney in any of Her Majesty's Colonies, Dependencies or Provinces of Canada where the Common Law of England is
not the common law of the land, shall, in addition to complying with
the rules of the Law Society respecting admission or call of Barristers
and Solicitors from other parts of the British Dominions, give notice
to the Secretary of his intention to present himself for call or admission, or both, as the case may be, in the Forms E and J in the
Appendix, and shall pass the final examination required in the case of
Students-at-law and Articled Clerks.
82. Applicants for call to the Bar, who have been duly called in
any part of Her Majesty's Dominions, where the term of study before
call is less than five years shall, before call by the Benchers attend in
the chambers of a Barrister in British Columbia, in good standing, for
a period of time sufficient with the term of study already spent by
him in the part of Her Majesty's Dominions where such applicant was
called, to make up for the full term of five years.
83. Applicants, in the last preceding rule mentioned, shall in
addition to complying with the other rules of the Law Society respect- ing call to the Bar of Barristers from other parts of the British
Dominions, comply with the provisions of Rule 61, and the Schedules
thereto, with such changes only as may be necessary.
84. Every applicant for admission as a Solicitor who has been duly
admitted in any part of Her Majesty's Dominions where the period of
service under articles is less than five years, shall before being admitted as a Solicitor by the Benchers sign articles in the Form P in the
Appendix, to a Solicitor of the Supreme Court of British Columbia, in
goocl standing, and shall serve with him a period of time sufficient
with the period of time served by him under articles in the part of Her
Majesty's Dominions where such applicant was admitted, to make up
the full term of five years.
85. Applicants in the last preceding rule mentioned shall in addition to complying with the other rules of the Law Society, respecting
admission as a Solicitor or Solicitors from other parts of the British
Dominions, comply with the provisions of Rule 64 and the Schedules
thereto, with such changes only as may be necessary.
PROCEDURE IN CASE OF APPLICATION TO DISBAR
OR STRIKE OFF THE ROLL.
86. Whenever any complaint shall be made charging a Barrister,
Solicitor, Student-at-law or Articled Clerk with misconduct under the
provisions of the "Legal Professions Act, 1895," such complaint
shall be reduced to writing, and shall be submitted by the Secretary to
the Discipline Committee.
87. If the said Committee, after investigation, are satisfied that
a prima facie case has been made out, they shall report such complaint to the Benchers, who may upon such report, if they see fit,
appoint a time and place for the investigation of the said complaint.
88. In case the Benchers decide to investigate the said complaint the Secretary shall send a copy of the complaint to the person
against whom it is made, and shall cause a written notice to be served
upon such person and as well upon the complainant, or his agent,
stating the time and place appointed for such investigation.
89. The Benchers may, if they think fit, adjourn any such investigation from time to time. Ë
TÉ
26
90. The Treasurer shall appoint counsel to conduct the investigation on behalf of the Society, and on such investigation any persorj
against whom a complaint is made may be represented by counsel.
91. The Benchers may require the complainant in any case whict
they decide to investigate, to make an affidavit setting out fully the
facts and circumstances giving rise to such complaint, which affidavij
shall be intituled  " In the matter of a Barrister or Solicitor o\
the Supreme Court, ex parte"—a copy of which affidavit shall be served
on the person complained of and on the return of the notice thd
person complained of shall answer the matters deposed to viva voc^
or on affidavit as the Benchers may require.
The Benchers may, if in their opinion there is no need of furthei
investigation, either punish the person complained against, or dismis;
the complaint, or may proceed to investigate further in the mannei
provided for in the next succeeding Rule and they may take evidence
by affidavit or viva voce on oath, and may issue a summons to an}
person to give evidence or to produce documents, which summon*
shall be as nearly as may be in the forms of Subpoenas in use in the
Supreme Court.
92. Any resolution which shall disbar, disqualify or suspend froni
practice or strike off the rolls any Barrister or Solicitor shall be
reduced to writing and passed by a majority of at least two-thirds o
the Benchers present, and only those Benchers who have been presen
throughout the whole proceedings and who have heard all the evi
dence shall be deemed present within the meaning of this Rule, anc
the Treasurer or other presiding officer shall note upon the saic
resolution the names of the Benchers present and their vote, and shal
certify the same under his hand, and such resolution shall there
upon be filed among the records of the proceedings.
93. In case the parties or any of them shall fail to appear pur
suant to the notice at the time and place appointed for such investigation, or at any adjournment thereof, the Benchers may thereupoi
proceed in his or their absence.
^94. All statements made and evidence taken on such investiga-
tion otherwise than by affidavit shall be made or taken under oatl
and shall be taken down in writing in the form of a deposition anc
shall be read over to the witness in the presence of the person com
plained against and his counsel, if he be represented by counsel, and 27
shall be signed by the witness. Provided that the evidence upon
such investigation may be taken in shorthand by a stenographer who
may be appointed by the Treasurer or presiding Bencher, and who
before acting shall make oath that he shall truly and faithfully report
the evidence, and where evidence is so taken it shall not be necessary
that such evidence be read over or signed by the witness, but it shall
be sufficient-if the transcript be accompanied by an affidavit of the
stenographer that it is a true report of the evidence.
95. Upon a resolution being passed by the Benchers as aforesaid,
the Secretary shall in addition to the notices required by section 46 of
the "Legal Professions Act, 1895," send a copy thereof to the
Judges of the Supreme and County Courts, and also to the Barrister
or Solicitor to whom the same relates.
"   APPEAL.
96. Whenever it shall be resolved by the Benchers that any
Barrister or Solicitor be disbarred, disqualified, suspended from
practice or struck off the rolls, such Barrister or Solicitor may appeal
therefrom to the Judges of the Supreme Court upon giving notice in
writing to the Secretary of the Society, setting forth the grounds of
appeal, within 10 days after the passing of such resolution.
97. "When such notice of appeal shall have been given the
Secretary of the Society shall notify the Judges of the Supreme Court
and the Benchers of such appeal, and the Judges may thereupon fix a
day for the hearing of such appeal.
98. Upon a day being so fixed the Secretary shall notify the
Benchers and the appellant of the time and place fixed for the hearing of such appeal, and shall attend at such time and place with all
papers connected with the charge and the proceedings thereunder
and the evidence taken before the Benchers.
99. The evidence upon the hearing of such appeal shall be the
sapers connected with the charge, the record of the proceedings
ihereunder and the evidence taken before .the Benchers, but the
fudges shall have the right to receive such further evidence either
viva voce or on affidavit as the justice of the case may seem to them
to require. 28
ioo. It shall not be necessary for the appellant to provide an
appeal book or copies of the evidence unless the Judges shall requit
the same.
ioi. An appeal shall not operate as a stay of judgment, unlei
the Benchers for special reasons in their discretion shall so order.
102. If the Judges allow the appeal the Secretary shall file th
order made by the Judges, and shall give to the appellant a certifie»
and shall forward and publish copies of such certificate in like mannl
as the resolution containing the decision of the Benchers was fcl
warded and published under section 46 of the "Legal Professiol
Act, 1895."
FEES.
103. The following fees shall be payable to the Society ii
respect of the matters hereafter set out :
On admission as a Student-at-law or Articled Clerk ........,$ 50 J
In the event of an unsuccessful examination, $40.00 will
be returned.
On examination for call to the Bar    100 fl
In the event of an' unsuccessful examination, $75.00 will
be returned.
On examination for admission as a Solicitor    100 exj
In the event of an unsuccessful examination, $75.00 will
be returned.
Provided, that in event of a candidate being unsuccessful
in both examinations, $175.00 will be returned.
For any Intermediate Examination      10 <|
For certificate of admission as a Student-at-law or an Articled
Clerk        1  00
For every other certificate        1  oi
Barristers' or Solicitors' annual fee, payable on the first Monday of November in each year           30 cj
Provided, that if paid on or before the first Monday in
October, such amount shall be reduced to $20.00. 29
APPENDIX.
NOTICE OF APPLICATION FOR ADMISSION.
LAW   SOCIETY   OF   BRITISH   COLUMBIA.
I of son of. Rule 4<*
of hereby give notice that I intend to present myself to
the Benchers of this Society at their next meeting for the purpose of
being admitted and entered as (a Student-at-law or Articled Clerk, or
both as the case may be).
i.    I am of the full age of years.
2. On the day of A.D., 18.. ..
I matriculated at the University of , in the City
of , and on the day of... . , A.D.,
18. . . ., the degree of was conferred on me by the said
University.    (N.B.—If not a graduate strike this out).
3. And I hereby undertake and promise that I will well, faithfully
and truly submit and conform myself to and obey, observe, perform,
fulfil and keep all the rules, orders, by-laws, and regulations of the
Law Society during such time as I shall continue on the books of the
Society.
4. And I of (as the case may be), father
or guardian of the above named undertake and promise that
he will faithfully and truly submit and conform to and obey, observe,
perform, fulfil and keep all the rules, orders, by-laws and regulations
of the Law Society during such time as he shall continue on the books
of the said Society.
Dated the day of	 3°
il b-
CERTIFICATE OF CHARACTER.
LAW   SOCIETY   OF  BRITISH   COLUMBIA.
-Rule 42. We of and do hereby certis
that we have known and been well acquainted with j
of for the space of years ; that he is ;
person of good moral character, and fitted to be enrolled as (a Studeni
at-law or Articled Clerk, or both, as the case may be).
Dated the day of.
C.
Rule 50. To Esq.,
Secretary of the Law Society of British Columbia
I desire to pursue my law studies for the period of. in thl
chambers of in the City of  in the ProvincJ
of (or with at    .. in thl
Province of as Solicitor of the Supreme Court of 1
as the case may be), or in the Law School at 1
in the Province of (as the case may be).
I beg to enclose herewith the consent in writing of	
Barrister (or Solicitor, as the case may be), with whom I am studj
ing, or to whom I am articled, (as the case may be),. permitting me
to study outside the Province if the Benchers will so permit.
Dated the. . .  .day of. ,	
D.
INTERMEDIATE.
NOTICE AND CERTIFICATE BY STUDENT-AT-LAW,
OR ARTICLED CLERK.
LAW  SOCIETY   OF  BRITISH   COLUMBIA.
Rule 56. 1 •    I \ of hereby certify that
was entered on the books of the Law Society as a (Student-at-law q 3i
Articled Clerk, or both, as the case may be), as of.
2.    That I am a graduate in of the University of	
having matriculated on the day of and having
received the degree of on the day of	
(N. B.—If not a graduate, strike this out).
3.    That I passed my  Preliminary Examination  in the month
of.
4.    That   I passed  my  first   Intermediate  examination   in  the
month of 18... .
5.    And I intend to present myself in the month of.
next for the Examination.
Dated the day of	
E.
NOTICE FOR CALL.
LAW  SOCIETY  OF  BRITISH  COLUMBIA.
I of hereby give notice Ruie 60.
that I intend to present myself to the Benchers of this Society at their
next meeting for the purpose of being called to the Bar.
Dated the day of	
PETITION FOR CALL.
LAW   SOCIETY   OF  BRITISH   COLUMBIA.
To the Benchers of the Law Society of British Columbia :
The Petition of of gentleman,
now standing on the books of the Society as a Student-
at-law, most respectfully sheweth :
1.    That your petitioner is of the full age of years. 32
2.    That he is of years standing on the books of the Society.
as a Student-at-law.
3.    That when  admitted  he was  a graduate of the University
of.
(N. B.—If not a graduate, strike this out).
4.    That he has since his admission into the Society passed two
Intermediate Examinations, as follows:
First Intermediate in.
Second        " " .
5.    That he is desirous of being called to the degree of Barrister- "■
at-law.
Your petitioner therefore most respectfully prays, that his]
qualifications being first examined and found sufficient 1
according to the rules of the Society and standing orders!
of the Benchers in that behalf, he may be called to the
said degree accordingly ; and he doth hereby undertake j
and promise that he will faithfully and truly submit and]
conform himself to and obey, observe, perform, fulfil and j
keep all the rules, resolutions, orders and regulations of the ;
said Society, during such time as he shall continue on the:]
books of the said Society as a member thereof.
Dated the day of. . .	
G.
Rules 6
and 64.
Dominion of Canada,
Province of British Columbia,
To Wit:
In the matter of the "Legal Professions Act, 1895," and
the Rules of the Law Society of British Columbia,
And
In the matter of the application of	
for call to the Bar j	 33
I, of do solemnly declare—
That the written answers to the questions hereto annexed and marked
"A," have been answered by me correctly, without equivocation, and
are true in every respect.
And I make this solemn declaration conscientiously believing it
to be true, and knowing it is of the same force and effect as if made
under oath and by virtue of the  " Canada Evidence Act, 1893."
Declared before me at.
dav of..'., A. D. 18	
.this
H.
DIPLOMA OF BARRISTER.
LAW   SOCIETY   OF   BRITISH   COLUMBIA.
This is to certify that of Rule 62.
was by the Benchers of the Law Society of British Columbia on
 the day of A. D. 18 duly
called to the Bar of the Supreme Court of British Columbia, and that
he now remains on the books of this Society as a Barrister thereof.
Dated the day of A. D. 18	
    . Secretary Treasurer.
NOTICE FOR ADMISSION AS A SOLICITOR.
LAW   SOCIETY   OF  BRITISH   COLUMBIA.
I of hereby give Rule 62.
notice that I intend to present myself to the Benchers of this Society
at their next meeting for the purpose of being admitted as a Solicitor
of the Supreme Court of British Columbia.
Dated the day of	 34
J.
PETITION FOR ADMISSION AS A SOLICITOR.
LAW   SOCIETY   OF   BRITISH   COLUMBIA.
To the Benchers of the Law Society of British Columbia:
.of most respectfully
Rule63. The petition of.
showeth :
1.  That your petitioner is of the full age of years.
I 2. That he received his professional education under the superintendence of Solicitor of the Supreme Court of
British Columbia.
3. That he was entered on the books of the Law Society as an
Articled Clerk in and served under articles
as set forth in the	
4. That he was,  when  entered on the books of the Society, a
graduate of the University of	
(N. B.—If not a graduate, strike this out).
5. That he has passed the Intermediate Examinations as follows
First Intermediate in.
Second " " .
6. That his articles of clerkship expired on the da
of 18	
7. That he is desirous of being admitted as a Solicitor.
Your  petitioner  therefore most   respectfully prays,  that hi<
qualifications being first examined and found sufficient
according to the rules of the Society and standing order;
of the Benchers in that behalf, he may be admitted as
Solicitor.
Dated the day of 18	 "
I     35
K.
DIPLOMA OF SOLICITOR.
LAW   SOCIETY   OF   BRITISH   COLUMBIA.
This is to certify that  of  Rule 6S,
was  by the Benchers of the Law  Society of British  Columbia on
 the day of duly
admitted a Solicitor of the Supreme Court of British Columbia, and
that he now remains on the books of this Society as a Solicitor thereof.
Dated the ....'.  day of.
 Secretary.
. Treasurer.
APPLICATION FOR ENROLLMENT AS AN APPLICANT
FOR CALL OR ADMISSION IN SPECIAL CASES.
LAW   SOCIETY   OF   BRITISH   COLUMBIA.
I   . . .       of hereby make Ruie 73.
application to have my name entered on the books of the Law Society
of British Columbia as an applicant for call to the Bar, (or for admission as a Solicitor of the Supreme Court of British Columbia, or
both, as the case may be.)
My full name is	
I matriculated at the University of	
at in tne	
on the    day of A. D., 18	
and on the day of received from the said
University the Degree of    	
(If the applicant is not a Graduate this clause will be struck out ).
I began to study law with (or signed articles with) Mr.  	
a Barrister (or Solicitor of the Province of • • • •	
(as the case may be) and studied with him (or served with him as the
case may be) for the period of ... . years.
(If any Assignment of Articles, give particulars here). : ~" •rw^wrn:.^
36
On the day of   A. D., 18	
I  was called to the Bar or admitted as a Solicitor of the Supreme
Court of (or both as the case may be).
The Term of study or service under articles required by the laws
of for call or admission is years
and in the case of a graduate is years.
The Common Law of England is. . . .the Common Law of.
I left on the day of	
and was a Barrister or Solicitor (or as the case may be), in.
on that date.    -
I was subsequently called to the Bar or admitted as Solicitor, (or J
both as the case may be) of the on the	
day of I am now a Barrister or Solicitor (or
both as the case may be) of in good standing
and as such I am entitled to practise in	
I left the Province of	
on the « day of	
and was a Barrister or Solicitor in good standing in the said Province
(or as the case may be) on that date.
I was a Barrister or Solicitor in good standing on the books of
the Law Society of each Province, (or as the case may be) in which I
was called to the Bar or admitted as a Solicitor on the dates when
I left such Provinces (or as the case may be) and no complaint had
been laid against me.
( When any complaint has been laid against the applicant, the last
eight words shall be struck out, and particulars of the nature, hearing
and determination of such complai?it inserted).
And I hereby undertake and promise that I will well, faithfully
and truly submit and conform myself to and obey, observe, perform,
fulfil and keep all the rules, orders, by-laws and regulations of the
Law Society during such time as I shall continue on the books of the
Society.
Dated the day of. 37
M.
In the matter of the application of	
to be  entered on the books of the Law  Society of
British Columbia
And
In the matter of the Rules of the Law Society of British
Columbia.
I, Of Rule73.
do solemnly declare,—
That the statements contained in the application dated	
hereto annexed marked "A" and signed by me, for enrollment as
an applicant on the books of the Law Society of British Columbia for
call (or admission, or both, as the case may be), are true in every respect.
And I make this solemn declaration conscientiously believing it
to be true and knowing that it is of the same force and effect as if
made under oath and by virtue of the " Canada Evidence Act, 1893."
Declared before me.
at this	
day of A.D., 18.. J
N.
CERTIFICATE OF CHARACTER.
LAW   SOCIETY   OF   BRITISH   COLUMBIA.
I of do hereby certify
that I have known and been well acquainted with	
(name in full) formerly of and now of	
for the space of years during which time he  was practising
and residing at and that he is a person of good
moral character and fitted to be enrolled as a member of the Law
Society of British Columbia.
Dated the day of	 ■■■>■
38
O.
We hereby certify that we are personally acquainted with	
  that to the best of our knowledge the
said has not practised or assumed to act or
held himself out to the public in any way as a person qualified to act
as a Barrister or Solicitor, and has not in this Province advertised or
held himself out with the object of obtaining legal practice in this
Province to be a Barrister, Advocate or Solicitor of any other Province or country ; that the said has resided in the
Province for months and is a person of good moral character-
Dated the day of	
P.
FORM OF ARTICLES.
Articles of Agreement made the  . day of	
in the year of our Lord 18...., between A. A., of	
gentleman (the father or guardian), of the first part, B. A. (the clerk)
(son of the said A. A.) of the second part, and S. S. (the Solicitor), of
 gentleman, one of the Solicitors of the Supreme Court
of British Columbia, of the third part.
Witness that the said B. A., of his own free will (and with the
consent and approbation of the said A. A., testified by his execution
of these presents) hath placed and bound himself, and by these
presents doth place and bind himself, clerk to the said S. S., to serve
him from the day of the date hereof up to the day on which he shall
be admitted as a Student-at-law, in accordance with the Rules of the
Law Society, and during and until the full end and term of.... .years
from the day of his so being admitted or entered then next ensuing.
And the said A. A., doth hereby for himself, his heirs, executors
and administrators, covenant with the said S. S., his executors,
administrators and assigns that the said B. A. shall and will well,
faithfully and diligently serve the said S. S. as his clerk in the practice or profession of a Solicitor of the Supreme Court from the date
hereof, during and until the full end of the hereinbefore  mentioned 39
Term ; And that the said B. A. shall not, at any time during such
Term, cancel, obliterate, injure, spoil, destroy, waste, embezzle, spend
or make away with any of the books, papers, writings, documents,
moneys, stamps, chattels or other property of the said S. S., his
executors, administrators, or assigns, or of his partner or partners, or.
of any of his clients or employers ; And that in case the said B. A.
shall act contrary to the last-mentioned covenant, or if the said S. S.,
his executors, administrators, or assigns, or his partner or partners
shall sustain or suffer any loss or damage by the misbehaviour,
neglect or improper conduct of the said B. A., the said A. A., his
heirs, executors, or administrators, shall indemnify the said S. S. and
make good and reimburse him the amount or value thereof ; And
further, that the said B. A. will at all times keep the secrets of the
*said S. S. and his partner or partners, and will at all times during the
said Term readily and cheerfully obey and execute his or their lawful
and reasonable commands; and shall not depart or absent himself
from the service or employ of the said S. S. at any time during the
said Term without his consent first obtained, and shall, from time to
time, and at all times during the said Term, conduct himself with all
due diligence, honesty and propriety ; And the said B. A. doth hereby
covenant with the said S. S., his executors, administrators and assigns
that he, the said B. A., will truly, honestly and diligently serve the
said S. S. at all times during the said Term, as a faithful clerk ought
to do, in all things whatsoever, in the manner above specified.
In consideration whereof and of paid by the said
A. A. (the receipt whereof the said S. S. doth hereby acknowledge)
the said S. S. for himself his heirs, executors and administrators doth
hereby covenant with the said B. A., that the said S. S. will accept
and take the said B. A. as his clerk ; And also, that the said S. S.
will by the best ways and means he may or can, and to the utmost of
his skill or knowledge, teach and instruct, or cause to be taught and
instructed, the said B. A., in the said practice or profession of a Solicitor of the Supreme Court, which the said S. S. now doth, or shall
at any time hereafter during the said Term use or practice : And
also will, at the expiration of the said Term use his best means and
endeavours, at the request, costs and charges of the said A. A. and
B. A., or either of them, to cause and procure him the said B. A. to be
admitted as a Solicitor of the Supreme Court, provided the said
B. A. shall have well, faithfully and diligently served his said intended
clerkship. 4°
In Witness Whereof the parties to these presents have hereunto
set their hands and seals, the day and year first above mentioned.
Signed, sealed and delivered   "j     A. A.    [l.s.]
by the within named parties, in
the presence of i        L •  • J
 W. F.       J    S.S.    [l.s.1
Note.—Where the person about to be articled has attained his
majority, the father or guardian is not a necessary party to the
instrument.
Q.
ASSIGNMENT OF ARTICLES.
This Indenture made (in duplicate) the day of	
in the year of our Lord one thousand eight hundred and ninety	
between of in the County of	
one of the Solicitors of the Supreme Court of British Columbia, of the
first part of the same place, Student-at-law,
of the second part.    And	
of in the County of one of the Solicitors
of the said Court, of the third part.
Whereas, by Articles of Clerkship bearing date the day of
 A. D. 18. .. made between the said	
of the one part, and the said, of the other part,
the said of his own free will, did put, place
and bind himself clerk to the said      to serve him from
the day of the date hereof, for during and until the full end and term
of years from thence next ensuing, and fully to be completed and ended subject to the several covenants therein contained.
And whereas, the said hath served the said
 as his clerk from the day of the date of the said
articles of clerkship, to the day of the date of these presents.
And whereas, it has been agreed that the said	
shall assign to the said all benefit and advantage of him
the said under and by virtue of the said recited Articles 4i
of Clerkship for all the residue now to come and unexpired of the said
Term of years; and it has been further agreed that the said
 shall put, place and bind himself as clerk to the
said ; from the day of the date of these presents for the
remainder of the said Term, and for such further period (if any) as may
be necessary to complete the full Term of years of service
under articles.
Now This Indenture Witnesseth,   that in pursuance of the said
agreement, he the said at the request and with the
consent of the said testified by his being a party to
these presents, hath assigned, transferred and set over, and by these
presents doth assign, transfer and set over unto the said	
all benefit and advantage, interest, claim and demand whatsoever of
him the said under the hereinbefore in part recited
Articles of Clerkship, and the service of him the said	
under or by virtue of the same to have and to hold all right and
interest whatsoever of him the said in and to the service
of him the said under or by virtue of the same unto the
said his executors, administrators and assigns.
And this Indenture further Witnesseth that the said.    ...
of his own free will, testified as aforesaid, hath put, placed and bound
himself, and by these presents doth put, place and bind himself clerk
to the said to serve him from the day of the date of these
presents for and during the remainder of the said Term of years,
and fully to be completed and ended; and for such further period (if
any) as may be necessary to complete the full Term of years,
under articles in accordance with the statutes in that behalf.    And the
said   doth hereby covenant with the said
 his executors, administrators and assigns, that the
said shall and will well, faithfully and diligently,
serve the said as his clerk in the practice and profession
of a Solicitor of the Supreme Court of British Columbia from the date
hereof during the remainder of the hereinbefore recited Term of	
years, according to the terms and conditions of the said hereinbefore
mentioned Articles of Clerkship as therein set forth.
In consideration whereof, and of paid by the said (the
receipt whereof the said doth hereby acknowledge) the
said for himself, his heirs,' executors and administrators, doth hereby covenant with the said that the 42
said wall accept and take the said	
as his clerk; and also that the said will observe and be
bound by the terms and conditions of the said Articles of Clerkship in
so far as the same were binding on the said    WSm
In Witness Whereof, the said parties to these presents have
hereunto set their hands and seals on the day and date first above
mentioned.
Signed, sealed and delivered
by the within named parties in
the presence of
[l.s.
[l.s.
[l.s.
Dominion of Canada,
Province of British Columbia,
County of	
To Wit :
In the matter of the  " Legal Professions Act, 1895,"
And
In the matter of Articles of Clerkship (or assignment of
Articles as the case may be) between A. B. and C. D.
I, of the	
of in the Province of British Columbia, do
solemnly declare,—
1. That I was personally present   and did see   the within or
annexed Articles of Clerkship (or assignment of Articles of Clerkship
as the case may be) duly signed, sealed and executed by	
the part thereto.
2. That the said Articles of Clerkship (or assignment of Articles
of Clerkship as the case may be) were executed at	
3. That I know the said part	 43
4- That I am a subscribing witness to the said Articles of
Clerkship (or assignment of Articles of Clerkship as the case may be).
5. That the said Articles of Clerkship (or assignment or Articles
of Clerkship as the case may be) were executed as aforesaid on
the   day of	
And I make this solemn declaration, conscientiously believing it
to be true and knowing that it is of the same force and effect as if
made under oath and by virtue of the " Canada Evidence Act, 1893."
Declared before me    "|
 at	
this day of	
A. D. 18...  The Legal Professions i^ct, 1895.
CHAPTER  29.
An Act to Amend and Consolidate the Acts Relating to the
Legal Professions.
[21st February, i8g^\.
Her Majesty, by and with the advice and consent of
the Legislative Assembly of the Province of British Columbia, enacts as follows :—
SHORT  TITLE.
1. This Act may be cited as the  " Legal Professions Shorttitie^
Act, 1895."
LAW   SOCIETY.
a. The Law Society of British Columbia (hereinafter Law Society of
11 o       • i»\      1     11 • • British Colum—
called "the bociety ) shall   continue to be incorporated bia, incorpora-
under that name and style as a body politic and corporate,
with continued succession and a common seal.
(a.) The members of the Society shall be all persons Members,
called to the Bar of British Columbia, or hereafter to be
called, and all persons admitted as Solicitors, or hereafter
to be admitted as Solicitors, of the Supreme Court of
British Columbia, so long as their names remain on the
books of the Society as in good standing.
3. The   Society  may, without license .of mortmain, Power to acquire.
* J .   . hold, and deal
purchase, take, possess, and  after  acquiring the same, with land, etc. 46
sell, lease or part with any lands, tenements, or hereditaments for the purposes of the Society, but for no other
purpose, and may execute all other matters pertaining to
them to do.
eft BENCHERS.
Benchers of
whom to consist,
4L. The Society shall be governed by nine members
of the degree of Barrister, who shall be called Benchers,
and the ex-officio Benchers hereinafter mentioned.
Attomey-Gener- 5. The Attorney-General   of  Canada,   for   the   time
and°B. c. and being, the Attorney-General of British Columbia, for the
SupremeCotfrt* time.being, and any retired Judge of the Supreme Court
Bench&rs. of this Province, shall, respectively, ex-officio, be Benchers.
Treasurer and
Secretary.
6. The Benchers shall on the first meeting after their
election, proceed to elect one of their number to be
Treasurer, who shall hold office until the appointment of
his successor ; and shall also appoint some member of the
Society, of the degree of Barrister, to be a Secretary.
Continuation of 7. The Benchers who have been elected and are in
office. office  at  the  time of this   Act   coming into   force  shall
continue  to   be   the Benchers of  the Society until   their
Property vested successors  are elected ; and  all  property now vested in
in Society. . r      r       J
the present Law Society, and all liabilities incurred by
them, shall be vested in and assumed by the Society as
constituted by this Act, and all rules and regulations for
the government of the Society now in force shall continue
until altered under the provisions of this Act.
ELECTION   OF   BENCHERS.
Election of
Benchers.
8. The election of Benchers shall take place annually,
on the Monday preceding the thirty-first day of March in
every year.
9. No person shall  be eligible as  a Bencher at any
i who is not quali
unless he be a Barrister.
Persons not
eligible to vote
not qualified,     election who is not qualified to vote at such election and
Retiring
Benchers.
lO. At all elections retiring Benchers shall be eligible
for re-election. 47
11. Each Barrister or Solicitor entitled to practice in who are eligible
the Supreme Court, and actually residing and practising
in the Province, and who has paid all his fees to the
Society, shall be entitled to have his name placed on the
list of voters hereinafter mentioned.
12. On the first Monday in the month  Of March in List of persons
each   year,   an  alphabetical   list   of   the   Barristers   and tJDe prepared6
Solicitors  who   are   entitled  to   vote at   the   succeeding
election shall be made out by the Secretary of the Society,
and such list may be examined by any Barrister or
Solicitor at all reasonable times.
13. In case any Barrister or Solicitor complains to complaints of
the Secretary of the improper omission or insertion of any omisslons' etc-
name in the list, it shall be the duty of such officer forthwith to examine into the complaint, and rectify such error
if any there be, and in case any person is dissatisfied with
the decision of such officer, he may appeal to a Judge of
the Supreme Court in a summary way, whose decision
shall be final, and such list shall remain or be altered
in accordance with such decision.
14. Each person whose name is inserted on the said Persons on
but no others, shall be entitled t
for nine persons to act as Benchers.
list, but no others, shall be entitled to vote at such election °^entitled to
15. Such votes shall be given by closed voting papers, voting.
in the Form  in  the First Schedule to this Act, or to the
like effect, being delivered between the first day of March
and the day of election to the Secretary of the Law Society
of British Columbia. Any voting paper received during
such interval by the Secretary by post shall be deemed
delivered to him.
16. The Benchers shall in  the month of January in Appointment of
each year, appoint two persons who, with the Treasurer,scru m'
shall   act   as   scrutineers   at  the   election.     In   case  any
scrutineer is absent during such scrutiny the other may
nevertheless proceed therewith.
l'y. The voting papers shall upon the day of election Count of votes.
be opened by the Secretary of the said Law Society, in Certain votes
null and void.
48
the presence of the scrutineers, who shall scrutinize and
count the votes, and keep a record thereof in a proper
book to be provided by the Society.
Voters may at- is. Any person entitled to vote at any election for
tend scrutinizing \ * r
of voting papers. Benchers shall be entitled to be present at the opening and
scrutinizing of the voting papers.
19. Any votes cast for any person who is ineligible
to be a Bencher, or who is a Bencher ex-officio, shall be
null and void, and the election shall be declared as if such
votes had not been cast.
First nine to be «jo. In the event of any elector placing more than
taken in case . m .
more than nine nine names on his voting paper the first nine only shall be
taken, notwithstanding any of such nine persons so named
may be ineligible for election from any cause whatever.
N.      rs n 21. The nine persons who have the highest number of
having highest votes shall, with the ex-officio Benchers, be the Benchers
number or votes
to be elected, until the next annual election, and until their successors
shall have been elected.
In cases of
equality of votes,
22. In case of an equality of votes between two or
more persons, which leaves the election of one or more of
such Benchers undecided, then the scrutineers shall forthwith put into a ballot box a number of papers with the
names of the candidates having such equality of votes
written thereon, one for each candidate, and the Secretary
of the Society shall draw by chance from such ballot box,
in the presence of the scrutineers, one or more of such
papers sufficient to make up the required number, and the
persons whose names are upon such papers so drawn shall
be such Benchers.
23. Upon the completion of the scrutiny,  the Secre-
Declaration of
result of election
and publication, tary shall forthwith declare the result of the election, and
shall cause the names to be published in the British
Columbia Gazette for one issue.
Benchers may
make rules.
24. The Benchers may make such rules as they consider expedient, not contrary to the provisions of this Act,
for regulating the procedure under the preceding sections
of this Act. 49
25. No person shall sign the name of any other per- Falsification,
.... , , , etc., of voting
son to any voting paper under this Act, or alter, or add to, paper,
or falsify, or fill up any blank in any voting paper signed
by another person, or deliver or cause to be delivered to
the Secretary any such false voting paper or any voting
paper which has been added to or falsified, or in which any
blank has% been filled up after the same was signed.
26. In the event of there being no Secretary for the in case of
.... r    i       t r» 1 i«i absence, etc., of
time being of the Law Society at the time at which any Secretary,
election under this Act is to be held, or in the event of
such Secretary being unable, from illness or other unavoidable cause, to act at such election, then, and in such case,
the Treasurer for the time being of the Law Society shall
appoint under his hand some other person to act as such
Secretary, and such person so appointed shall perform all
the duties of such Secretary as prescribed by this Act.
2'7. In the event of anv dispute as to the election of Deputes as to
. . election of Ben-
Benchers, the same may be decided in a summary way by chers, howde-
any Judge of the Supreme Court, upon petition, whose
decision shall be final. The Judge may decide upon such
petition that certain persons were or were not elected, or
that certain persons were entitled to be elected, and make
a return to the society accordingly, and such return shall
govern the Society. The costs of the petition shall be in Costs.
the discretion of the Judge.
28. No petition against the return of a Bencher shall Petition against
1 ° return of a Ben-
be entertained unless presented within ten days after the cher to be pre-
r sented in ten
day of election. days.
29. The voting papers belonging to any election shall Voting papers to
not be destroyed until after all petitions in respect to such Secretary,
election have been decided,  but the  same shall, together
with all other papers in connection with the election, be
retained by the Secretary.
30. In case of failure  in  any instance to  elect the in case insuffi-
_ e!Sr-~ ,. , .   . cient number
requisite number of Benchers according to the provisions elected, or of
of this Act, or in case of any vacancy caused by the death va<
or resignation of any Bencher, or by any other cause, the 5°
remaining or continuing Benchers .may appoint to the
vacant place or places any person or persons duly qualified
under the provisions of this Act to be elected Bencher or
Benchers, and the person or persons so appointed shall
hold office for the residue of the period for which the other
Benchers have been elected.
MEETINGS   OF   THE   SOCIETY.
General annual 31. There shall be an annual general meeting of the
belïït^SocSty"" members of the Society at the City of Victoria on the first
Monday of March in each year, at the hour of eleven
o'clock in the forenoon, at which meeting the Treasurer,
or in his absence some other Bencher, shall preside, and a
report of the proceedings of the Benchers during the yeaa
shall be presented at the meeting, with the statement of
the finances of the Society, which statement shall be
printed and distributed to the members at least ten days
before the meeting.
Quorum. 32. Fifteen members shall form a quorum.
meeting.
Special general 33. A special general meeting of the members of the
Society shall be held on the written request of ten members
of the Society, addressed to the Secretary, within tw0
weeks of such request.
MEETINGS   OF   BENCHERS.
Regular meet- 34.  Regular meetings of the Benchers shall be held at
ings of Benchers   |        ~. r . »        .,
the City of Victoria on the first Monday of January, April,
July and October in each year.
Special meetings *«*• Special meetings   may  be   held  on  the  written
request of two Benchers, addressed to the Secretary.
Benchers'travel- 36. The travelling expenses of Benchers residing out-
ling expenses.        . ,        r _,. . tr , . ,.,,-..
side of Victoria to and from the meetings of the Benchers
(which shall be computed from actual cost of transport),
shall be allowed to them and paid out of the funds of the
Society ; but no such payment shall be made to any
Bencher unless claimed during the year in which he acts. POWERS   OF  BENCHERS.
37. The Benchers shall have the following powers:
. Powers of
Benchers.
(i.) They may appoint such officers and servants as Appointment
of officers and
may  be   necessary for the  management of theservarts-
business of the Society, and may make rules for
the discipline and well-being of the legal profession and otherwise relating to the honour thereof:
(2.) They may also make rules respecting the follow-Make rules,
ing classes of subjects :—
(a.) The improvement of legal education generally;
(b.) The appointment of readers and lecturers,
with salaries ;
(c.) The subjects and mode of study of students-
at-law and articled clerks, and their attendance at Barristers' chambers or Solicitors'
offices;
(d.) The attendance of students and articled clerks
at lectures ;
(e.) The preliminary, intermediate, and final examinations to be passed by students-at-law
and articled clerks as conditional to call to
the Bar or admission as Solicitor;
(/.) Providing that students-at-law or articled
clerks studying or bound within the Province
may complete their studies, or during portions
or a portion of their time pursue or serve
their studies or articles outside the Province ;
(g.) The fees to be paid to the Society upon calls
to the Bar or admission as Solicitors ;
(h.) The fees payable by students-at-law or
articled clerks on their being admitted or
enrolled as such on the books of the Society,
or at intermediate examinations ;
(i.) The reporting of legal decisions, and printing
the same; {"^yyg*,',. """>?"!"='>  =
Call and admission.
(j.) The order of business and the regulation of
all proceedings at their own meetings fronv
time to time.
(k.) The procedure and practice in cases falling
within the provisions of section 42 to 48 of
this Act, both inclusive.
(/.) And generally for the working out of the
provisions of this Act, when not otherwise
herein specially provided for.
(3.) They may call to the Bar and admit to practise as
a Barrister in British Columbia—
(a.) Any person being a British subject of full age
and good repute who having been entered
and admitted into the Society as a student-
at-law, has been standing on the books thereof for five years, to be computed from the
date of his passing his preliminary examination, has been in actual attendance at the
chambers of a practising Barrister of British
Columbia for that period, and has conformed
himself to the rules of the Society : Provided
that the said term of five years shall be
reduced to three if previously to having been
entered on the books of the Society such
student shall have attained the degree of.
Bachelor or Master of Arts, or Bachelor or
Doctor of Laws, in any recognized University
of Great Britain or Ireland or the Dominion
of Canada;
(b.) Any person being a British subject of full
age, good conduct and repute, who has been
duly called and admitted to practise as a
Barrister-at-law in any of Her Majesty's
Courts of England or Ireland, or as an Advocate in the Court of Session of Scotland, or
who has been duly called and admitted to
practise as a Barrister-at-law in any of Her
Majesty's Colonies and Dependencies or Provinces   of Canada:   Provided  always,   that 53
before the Benchers shall call any such person
his name shall have been entered on the books
•of the Society for at least six calendar months
immediately preceding his call, he shall have
resided in the Province during the said period
of six months, he shall have paid his fees to
the Society, and he shall have advertised
notice of his application for call in the British
Columbia Gazette for at least two months
immediately preceding his call ; and provided
further, that the applicant shall pass before
one or more of the Benchers or Examiners
appointed by them in that behalf an examination—(i) if a Barrister from some place other
than a Province of Canada, concerning his
knowledge of the statute law of Canada and
of this Province, including the practice of the
Courts, and (2) if a Barrister from one of the
Provinces of Canada, concerning his knowledge of the statute law of British Columbia
and the practice of the Courts : Provided also
that the applicant shall, in case of his basing
his claim for call or admission upon the fact
of his having been called or admitted as a
Barrister or Advocate in some place Where
the common law of England is not the common law of the land, pass an examination
satisfactory to the Benchers or Examiners as
to his knowledge of the common law of
England applicable to this Province, and of
his fitness to practise as" a Barrister. It shall
also be necessary that the applicant produce
such evidence as may be provided by the
rules of the Society, or, in the absence of
rules, as may be satisfactory to the Benchers,
showing his qualifications and proving him
to be of good standing and of good character
and repute.
{4.) They may admit as Solicitors   of the  Supreme Admission.
Court— 54
Any person being a British subject of full
age and good repute who has been bound by
articles in writing to a practising Solicitor in
British Columbia to serve and has served
him as his clerk for five years continuously,
and has conformed to the rules of the
Society : Provided that the said term of five
years shall be reduced to three if previously
to having been articled such clerk shall have
attained the degree of Bachelor or Master
of Arts in any recognized University of Great
Britain or Ireland or the Dominion of Canada;
(b.) Any person being a British subject of full age,
good conduct and repute who has been duly J
admitted to practise as a Solicitor, Law Agent,
or Attorney in any of Her Majesty's Courts in
England, Scotland or Ireland, or who shall I
have been admitted as a Solicitor or Attorney I
in   any   of the   Superior   Courts   of   Her I
Majesty's Colonies or Dependencies or Pro-1
vinces  of Canada:   Provided   always,   that I
before the Benchers shall so admit any such
person, his name shall have been entered on
the books of the   Society  for  at  least  six
calendar months immediately preceding his
admission, he shall have paid his fees to the
Society, and he shall have advertised notice
of his application for admission in the British
Columbia Gazette for at least two months
immediately preceding his admission, he shall
have resided in the Province during the said
period of six months; and provided, further,
that the applicant shall pass, before one or
more of the Benchers or Examiners appointedH
by them in that behalf, an examination—(i)
if a Solicitor from some other place than a
Province of Canada, concerning his  knowledge of the statute law of Canada and of
this Province,  including the practice of the
Courts; and (2) if a Solicitor from one of 55
the Provinces of Canada, concerning his
knowledge of the statute law of British
Columbia and the practice of the Courts:
Provided, also, that the applicant shall, in
case of his basing his claim for admission
upon the fact of his having been admitted
as a Solicitor in some place where the common law of England is not the common law
of the land, pass an examination, satisfactory
to the Benchers or Examiners, as to his
knowledge of the common and statute law of
England applicable to this Province, and of
his fitness to practise as a Solicitor. . It shall
also be necessary that the applicant produce
such evidence as may be provided by the rules
of the Society, or, in the absence of rules, as
may be satisfactory to the Benchers, showing
his qualifications, and proving him to be of
good standing and of good character and
repute :
(5.) Provided, also, that any Barrister or Solicitor
who shall base his claim, for call or admission,
upon his having been called or admitted, as the
case may be, as a Barrister or Solicitor in some
place or Province where Barristers or Solicitors
are called or admitted after a term of study or
articles less than five years (except in case of a
graduate of any recognized University of Great
Britain or Ireland, or Dominion of Canada), must
before call or admission in.this Province, serve as
a student-at-law or under articles for a sufficient
time to complete the full term of five years.
38. A copy of any rule made by the Benchers certified Rules of Bench-
as a true copy of the original by the Secretary, under theers' owprm
seal of the Society, shall be received in all Courts or upon
any application before a Judge as prima facie evidence of
the original rule without the production of the original
rule, or proof of the signature of the Secretary or the
seal. 56
ALTERATION   OF   RULES.
Alteration, etc., 39. The   Benchers   may  from   time   to   time   alter,
amend or repeal any previous rule of the Society.
.    CALL   AND   ADMISSION.
Persons to be 40. No   person   shall   be   called   as   a   Barrister   or
ted only'ùfpur-' admitted to practise as a Solicitor in the Supreme Court,
ereo "    save in accordance with the provisions of this Act.
CALL   AND   ADMISSION   IN   PARTICULAR   CASES.
Call and admis- 41. Any Solicitor of this Province who has been  in
cases"par Cuar actual practice for one year immediately preceding his
application for call to the Bar may (subject to the rules of
the Society) and upon payment of the prescribed fees be
called to the Bar upon passing an examination to the satisfaction of the Benchers touching his fitness to become a
Barrister; and any Barrister of this Province who has been
in actual practice for one year immediately preceding his
application to be admitted as a Solicitor may (subject to
the rules of the Society) and upon payment of the prescribed fees be admitted as a Solicitor upon passing an
examination to the satisfaction of the Benchers touching .
his fitness to practise as a Solicitor. Provided always,
that any person who before the passing of this Act has
been duly called to the Bar or admitted as a Solicitor, or
who has been called to the Bar or admitted as a Solicitor
within six months from the date of the coming into force
of this Act, shall be entitled to be called to the Bar or
admitted as a Solicitor, as the case may be, upon passing
such examination, if any, as the Benchers may think fit to
require, and upon payment of the prescribed fees.
DISBARRING  AND   STRIKING   OFF  THE   ROLLS.
Benchers may **2* The Benchers shall have full power to disbar,
andïusdpendalify disqualify,  suspend from practice, or strike off the rolls,
SoUdtors!and   any Barrister or Solicitor for good cause shown, but any
decision which may disbar, disqualify, suspend from practice, or strike off the rolls any Barrister or Solicitor, shall
be subject to appeal to the Judges of the Supreme Court, 57
who are hereby constituted visitors of the Society for that
purpose, and the decision of a majority of whom shall be
final.
43. The Benchers shall have full power to resolve that students-at-law
any student-at-law or articled clerk has been guilty of con-clerks,
duct unbecoming any such student or articled clerk, and to
strike his name from the books of the Society, and to
refuse either absolutely or for a limited period to admit
such student or articled clerk to the usual examinations or
to grant him the certificate necessary to enable him to be
called or admitted to practice.
44. Upon the hearing of any complaint  or charge Hearing of con
against a Barrister,  Solicitor,  Student-at-law or Articledpam
Clerk, the Benchers shall have power to examine witnesses
under oath, and to compel the production of books, papers, p0
documents and other writings necessary to their inquiry ; etc!'
and a summons under the hand of the Treasurer, or in his
absence of two Benchers, and the seal of the Society, for
the attendance of a witness, shall have all the force of a
subpoena issued out of the Supreme Court, and any witness
not attending in obedience thereto, or refusing to be sworn
or to give evidence, or neglecting or refusing to produce
any such book, paper, document, or writing as aforesaid,
shall be liable to attachment upon application to a Judge
of the Supreme Court, or to such other punishment as the
Court, upon such application, may direct.
45. No Barrister or Solicitor shall be disbarred, dis- r,
esolution to
qualified, suspended from practice or struck off the rolls, by aatwo3iirds
unless a resolution to that  effectS shall   be  passed  by amaJ°rity-
majority of at least two-thirds of the Benchers present.
46. Upon  a Barrister or  Solicitor being disbarred, Effect of disbar-
1 " ring, etc.
disqualified, suspended from practice or struck off the
rolls as aforesaid, all his rights and privileges as such
Barrister or Solicitor shall thenceforth cease and determine,
either absolutely or for the time limited by the decision of
the Benchers as aforesaid.    A copy of the resolution of the Copy to be sent
_ , .    . ,       ,      .   . . , r to Registrars,
Benchers containing such decision, under the seal or the etc.
Society, shall be forwarded by the Secretary'to the Regis-    " 5»
Person disbarred
as a Barrister
also disbarred as
Solicitor, and
vice versa.
trar and to each of the District Registrars of the Supreme
Courts, and to the Registrars of the several County Courts,
and shall be published in the British Columbia Gazette>
and in a newspaper circulating in the district where such
Barrister or Solicitor usually resides or practises his
profession.
4-y. In case any Barrister who has been disbarred or
suspended from practice as a Barrister, is also a Solicitor,
he shall without further complaint be struck off the rolls
or suspended from practice as a Solicitor; and it a Solicitor who is struck off the rolls or. suspended from practice
as a Solicitor is also a Barrister, he shall without further
complaint be disbarred or suspended from practice as a
Barrister ; and any Barrister or Solicitor who is disbarred,
struck off the rolls, suspended, or otherwise disqualified
from practising under the provisions of this Act shall thereupon cease to be a member of the Society.
A Barrister or **®« A Barrister or Solicitor who has been disbarred
reinstated137 ** or struck off the rolls under the provisions hereinbefore set
out, may at any time after the expiration of one year apply
to the Benchers to be restored to practice, and thereupon
the Benchers may, if in their discretion they see fit to do
so, by resolution, restore such person to his former rights
and privileges as a Barrister or Solicitor, or both, as the
case may be, and notify the proper officers of the Courts
in that behalf accordingly, and he shall thereupon become,
again, a member of the Society.
Barristers and 4rd# Notwithstanding any Act, law, or usage   to  the
bedilSrreTex0 contrary a Barrister or Solicitor shall not be disbarred,
cept as herein    struck   off   the   rolls,   disqualified,   or   in   any   manner
provided. ^ ' J
suspended from practice except as hereinbefore'provided.
LAW   LIBRARY.
Library at Vii
toria.
In whom property in books is
vested.
50. The property in the books of the law library ^.t
the Law Courts, Victoria, is declared to be vested in the
Society, and all such books shall form part of the principal
library, which shall be at Victoria ; and the property in all
books in any branch library already formed, and in any 59
books to be in future purchased by the Benchers, shall be
vested in the Society, and such books shall form part of
such library as they may from time be respectively assigned
to by the Benchers.
51. The Benchers may from time to  time make  an Branch libraries,
appropriation out of the moneys belonging to the Society
for the purpose of providing for branch libraries in such
place or places as they may by resolution determine.
52. The Benchers may by rules impose penalties upon Penalties for re-
. . J     J . moving books
Barristers, Solicitors, law students or articled clerks for from libraries,
removing any book from the library room or rooms, or the
building within which the same may be situated, or upon
any person—not being a Judge of the Supreme or County
Courts, or a Barrister or Solicitor who has paid his annual
fee, Law Student, Articled Clerk, or person permitted by
resolution of the Benchers—entering any library room or
meddling with or removing any book from the same.
SOLICITORS   AND   ARTICLED   CLERKS.
53. Whenever any person has been bound by contract Articles of cierk-
«     - ^   -.   . . ship to be filed.
in writing to serve as clerk to a Solicitor, such contract,
with a declaration of the execution thereof annexed thereto, shall within three months next after the execution of
the contract be filed with the Secretary of the Society,
who shall endorse and sign upon the contract a memorandum of the date of filing, and every assignment of contract Declaration,
together with a declaration of the execution thereof
annexed thereto, shall be filed within a like period of three
months next after the execution thereof. Every such
declaration shall state the date of the execution of the
articles or assignment, as the case may be, by the parties
thereto respectively.
54. No Solicitor shall  have  under such articles  as Solicitor not to
, . „,   ,.   have more than
aforesaid more than two clerks at one time, and no Soli-two articled
citor shall have any such clerk after such  Solicitor has time.
discontinued practising his profession,   nor  while   he  is
employed as a clerk by any  other Solicitor; and service
by a clerk  under any  such  circumstances   shall   not  be
deemed service under this Act 6o
Assignment of
articles on bankruptcy, etc., of
Solicitor.
55. In case any Solicitor, before the determination of
the articles of a clerk bound to him as aforesaid, has
become bankrupt or insolvent, or discontinued practice as
a Solicitor, or has become or is employed as a clerk by any
other Solicitor, the Benchers may, upon the application of
such first-mentioned clerk, permit such articles to be discharged or assigned to such person upon such terms, and
in such manner as they may think fit.
In such case,
clerk may be
bound for residue of term.
56. Whenever any such articles as aforesaid have
been discharged as aforesaid, or cancelled by consent of
the parties thereto, or determined by the death of the
Solicitor, the clerk may be bound by other articles in writing to* serve as clerk to any other practising Solicitor,
during the residue of the term for which he was bound by
such first-mentioned articles, and service under such second
articles, subject to the provisions hereinafter contained,
shall be as effectual for the purposes of this Act as if such
service had been performed under the first articles.
57. Whenever any person has been bound by articles
Assigned
articles or fresh
articles to be     to serve as a clerk  as aforesaid,  and whenever any such
filed and fresh ' I *
declaration to be articles have been assigned,  the Solicitor to whom  such
nade.
person is so bound, or such articles are so assigned, shall,
within two months after the date of such articles or assignment respectively, make and duly declare a statutory declaration, or statutory declarations, of such Solicitor having
been duly admitted, and also of the actual execution of
such articles or assignment by the several parties thereto,
specifying the names of such parties and their respective
places of abode, and the day on which such articles or
assignment were or was actually executed by them respectively; and every such statutory declaration shall be filed
within three months after the execution of such articles or
assignment with the Secretary of the Society.
in case such 5g, In case any such articles  or  assignments,  with
articles or as- 1                                                        °
signmentsand the statutory declaration or declarations in respect thereof
declarations not .                                 .
filed within time hereinbefore required, be not filed as aforesaid within the
ited, time to
nt from       time hereinbefore limited therefor, the same may afterwards
be filed with the said Secretary, but the service of the clerk
shall be reckoned only from the day of such filing, unless 6i
the Benchers in their discretion, for special reasons, shall
otherwise order.
ANNUAL   FEES.
59. There shall be due and payable annually by every Fees,
practising Barrister or Solicitor to the Society, on the first
Monday of November in each year, the sum of thirty dollars, but the Benchers may by a rule provide that such
amount may be reduced to a sum not exceeding twenty
dollars, if paid on or before the first Monday in October,
and each practising Barrister or Solicitor shall obtain from
the Secretary annually a certificate under the seal of the
Society of the same date, stating his qualification to practise, and that the certificate is in force for one year from its
date, and it shall be the duty of the Secretary, upon payment of such fee to issue the certificate.    A Barrister who Barrister who is
solicitor need
is also a Solicitor need only take out annually one certifi-only take out
J J   r one certificate.
cate. Such certificate may be in the form contained in the
Second Schedule hereto. ) It shall not be incumbent upon
a Barrister or Solicitor who has been called or admitted
after the first Monday in November in any year, to take
out any certificate until the first Monday in November
following his call or admission.
60. Subject to the provisions of the preceding section, Penalty for
practising with—
if any Barrister or Solicitor, or any member of any firm of out certificate.
Barristers or Solicitors, either in his own name or in the
name of any member of his firm, practises in any Superior
or Inferior Court in British Columbia without having taken
out a certificate for the current year, as directed by the last
preceding section of this Act, he shall for every such
offence forfeit and pay the sum" of fifty dollars to the
Society, which sum may be recovered in any of the said
Courts by the Society; and he may also be suspended by
the Benchers from membership in the Society and from
practice in all such Courts for any period not exceeding
six months, or until the fee payable for such certificate,
and the further sum of fifty dollars forfeited as aforesaid,
have been duly paid.
61. All fees,  dues and subscriptions  payable under Fees the ProP-
this Act shall be the property of the Society, and shall be Society**16 62
received and accounted for by the Treasurer, and the same
shall be disbursed and appropriated by him under the
direction of the Benchers in payment of the necessary
expenses of the Society and in the purchase of law books in
aid of the law libraries and for law reporting and printing.
barristers' and solicitors' rolls.
Registrar of the 62. It  shall  be   the   duty   of the   Registrar  of  the
Supreme Court feKadsal
to prepare Bar- Supreme Court to  cause to  be prepared two parchment
citors' roils.       rolls,   one to be  called the Barristers' and the other the
Solicitors' Roll for the Province of British Columbia.
Registrar to
enter on such
rolls names of
Barristers or
Solicitors
already called,
etc.
$3. The Registrar shall forthwith after the passage of
this Act cause to be entered on the said rolls respectively
in proper order of time of call or admission, as the case
may be, the names of all the persons who are at the date
of the passing of this Act, or have, according to the best
information he can obtain, been heretofore called as Barristers or admitted as Solicitors in the Province, together
with the date of their call or admission respectively, and
in case any name is improperly omitted from or inserted on
the said rolls, or either of them, by the Registrar, the
Benchers may cause the same to be corrected.
Barristers and
Solicitors to taki
64. Hereafter every Barrister who is called, and every
Solicitor who is admitted, under the provisions of this Act,
shall, before he begins the practice of his profession as such
Barrister or Solicitor, before one or more of the Judges of
the Supreme Court, in open Court, take the proper oaths
or affirmations in that behalf as set out in the third Schedule
to this Act, and sign such Barristers' or Solicitors' Roll, as
the case may be.
Said roiis to re- <J5. The said rolls shall be and remain deposited in
main in orhce or S
Registrar. the office of the Registrar of the Supreme Court at Victoria, and shall be open to inspection at all reasonable
times by any person entitled to search or inspect documents
in the office of the said Registrar.
Registrar to
enter on such
roll the disbarring of any Barrister or Soli-
66. In case any Barrister or  Solicitor is  disbarred,
disqualified or suspended from practice under any of the 63
provisions of this Act, it shall be the duty of the Registrar
upon receiving due notice to that effect in the manner in
this Act provided, to cause an entry thereof to be made
upon the roll on which the name of such Barrister or such
Solicitor appears as aforesaid.
BARRISTERS   AND   SOLICITORS.
67. Save as provided by the Inferior Courts Practiti-No one except
Barristers and
oners Act and amendments thereto, no person shall carry on Solicitors, etc.,
i • r r       n        - <->.   < •   • » t° practice.
the practice or profession of a Barrister or Solicitor unless
he has been duly called or admitted under the provisions of
this or some former Act of the Province of British Columbia and save as aforesaid no person, unless themselves
plaintiffs or defendants in a proceeding, except Barristers
and Solicitors or their students-at-law and articled clerks,
when permitted by the present practice in that behalf, shall
appear in any cause or matter in Chambers or before any
master, referee, registrar or examiner.
68. Except as hereinbefore provided, if any person Penalty.
shall without having been duly called or admitted as aforesaid, practise, or assume to act, or hold himself out to the
public in any way as a person qualified to act as a Barrister
or Solicitor, or to practise, carry on or pursue the calling
or profession of a Barrister or Solicitor, or shall, in this
Province, advertise or hold himself out, with the object of
obtaining legal practice in the Province, to be a Barrister,
Advocate or Solicitor of any other Province or country, he
shall be guilty of an offence under this Act, and shall be
liable on conviction thereof before any Justice of the Peace
to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months for each offence.
69. Any person offending against the provisions of By whom com-
J ,,1 •    r • Plaint to be laid-
the preceding section may be charged upon an information
laid in the name of the Society upon the oath of the Secretary that he is informed and believes that the party charged
has committed the acts alleged, but no such information
shall be laid unless complaint has previously been made to
the Benchers, and after investigation of the same in such
manner and form as they may deem necessary and expe- 64
Solicitor not to
act for unqualified person.
Offence against
preceding five
sections contempt of Court.
A Solicitor a
prisoner not to
practise.
dient, and a resolution is passed authorizing the Secretary
to lay such information.
70. In case a Solicitor wilfully and knowingly acts as
the professional agent of any person not duly qualified to
act as a Solicitor, or suffers his name to be used in
any such agency on account of or for the profit of an
unqualified person, or sends any process to such person, or
does any other act to enable any such person to practise in
any respect as a Solicitor, knowing him not to be duly
qualified; and in case complaint thereof is made to the
Benchers, and proof is made upon oath to their satisfaction,
the Solicitor so offending shall be disqualified, suspended
from practice for a limited period, or struck off the Roll of
Solicitors.
71. No Barrister or Solicitor shall transact or carry
on business as such by means of a branch office unless such
office is under the personal and actual control of a duly
qualified Barrister or Solicitor, and the penalty for a contravention of this section shall be the same as for a contravention of the preceding section.
■72. An offence against the provisions of any of the
preceding five sections shall also be deemed a contempt of
the Supreme Court, and may be punished accordingly on
motion to such Court, made on behalf of the Society, or of
any other person complaining thereof.
• 73. In case a Solicitor is a prisoner in any gaol or
prison he shall not during his confinement therein or within the limits thereof, commence, prosecute or defend as
such Solicitor any action in any Court; and any Solicitor
so practising, and any Solicitor permitting or empowering
him so to practise in his name, shall be guilty of a contempt of the Court in which any such proceedings take
place, and upon the application of any person complaining
thereof, shall be punishable by such Court accordingly;
and such Solicitor shall be incapable of maintaining any
action for the recovery of any fee, reward or disbursement
for or in respect of any matter or thing done by him whilst .
a prisoner as aforesaid either in his own name or in the
name of any other Solicitor. 65
74. In case any person, unless himself the plaiatiff or Unqualified Per-
j   r      j       ,     • i • sons cannot re-
détendant in a proceeding, commences, prosecutes or cover fees,
defends in his own name or in that of any other person,
any action or proceeding without being admitted or enrolled
as a Solicitor as aforesaid, he shall be incapable of recovering any fee, reward or disbursement on account thereof,
and such offence shall moreover, except in cases provided
by the " Inferior Courts Practitioners' Act," be deemed
guilty of a contempt of the Court in which such proceeding
has been commenced, carried on or defended, and shall on Contempt of
i 1* •    • Court.
the application of any person complaining thereof be
punishable accordingly.
75. No Barrister or  Solicitor shall practise  in  any Barristers and
Court in British Columbia either in his own name or that practise while
of his partner, deputy or agent, or in the name of any per- positions.6
son, or otherwise directly or indirectly,  whilst he  holds,
possesses, practises,  carries  on  or conducts  any of the
offices of Registrar of the Supreme Court or of any district
thereof, or of any County Court, Registrar-General of
Titles, or Deputy or Acting Registrar of Titles in any
district.
SOLICITORS    COSTS.
76. No action shall be brought for the  recovery of Costs, recovery
fees,  charges or disbursements for business done  by  a
Solicitor as such, until one month after the delivery of a
bill thereof subscribed with the proper hand of such Solicitor, his executor or assignee (or in the case of a partnership, by one of the partners, either with his own name or
with the name and style of such partnership), has been
delivered to the party charged therewith, or sent by post
to, or left at his counting house, office of business, or
dwelling house, or last known place of abode, or has been
enclosed in or accompanied by a letter subscribed in like
manner, referring to such bill.
77. Upon the application of the party chargeable with Taxation on
< _     , ,      ~, ~ application of
such bill, within one month, a Judge of the Supreme Court debtor.
shall, without money being paid into Court, refer the bill
and the demand thereunder to the proper taxing officer of 66
the Supreme Court, and the Judge making such reference
shall restrain the bringing of any action for such demand
pending the reference.
If no such application, Solicitor
may apply to
have reference
taken.
78. In case no application is made within the month
by the party chargeable with such bill, then the
Judge, on the application of the Solicitor or firm of Solicitors rendering such bill, or his or their legal representative
or assignees, may order a reference, with such directions
as to taking the accounts between the Solicitor and the
party chargeable with such bill, and with such conditions
as to the time of payment of the amount certified upon the
reference to be due, as to the said Judge seems proper.
79. No such reference shall be made upon application
No application
to be made if
verdict obtained made  by the  party chargeable  with such bill if a verdict
for the amoun*
or after twelv.
months.
has been obtained against him for the amount thereof, or
after twelve months from the time such bill was delivered,
sent or left as aforesaid, except under special circumstances
to be proved to the satisfaction of the Judge to whom the
application for the reference is made.
in case either 80.  In case either party to such reference, having due
partv refuses . .
or neglects to    notice, refuses or neglects to attend the taxation, the offi-
attend. .
cer to whom the reference is made may tax the  bill, ex
Costs, when one-parte, and the cost of the reference shall be paid according
sixth taxed off. , r    , . , . r .      ,
to the event of the taxation, except that if a sixth part is
taxed off, the costs shall be paid by the party by whom or
on whose behalf such bill was delivered, but if less than a
sixth part is taxed off then by the party chargeable with
such bill, if he applied for or attended the taxation.
Officer to tax the 81. Every order for such  reference shall direct the
ferencefandreer- °fficer to whom the reference is made to tax the costs of
tify the result.   t^e reference and to certify what,  upon the reference, he
finds to be due from either party in respect of such bill and
accounts, and of the costs of the reference if payable.
Such officer n
certify any
special circum
stances.
Y 82. Such officer  may  certify specially any  circum
stances relating to the bill or taxation, and the Court or
Judge may thereupon make such order as may be deemed
right respecting the payment of the costs of the taxation. 67
83. Notwithstanding    anything    contained    in   the Appendix "M"
" Supreme Court Act," or the Rules of Court made there-Court, 1890. not
under, Appendix " M " of the Rules of Court, 1890, or any ta^œses!" °
amendments thereof,  shall not  apply to any taxation  of
costs as between party and party or solicitor and client,
but the Registrar in any taxation of costs shall allow all
such costs, fees, charges and disbursements as shall be
prescribed in a tariff to be prepared and approved from
time to time by the Judges of the Supreme Court.
84. In case a reference is made when the same is not when reference
authorized, except under special circumstances as herein- special circum-
before provided, the Judge in making the same may give maygfvespfclai
any special directions relative to the costs of the reference.  irec lons*
85. When no bill has been delivered,  sent or left as Judge may order
JFSç"fe$ delivery of bill.
aforesaid, and where the bill so delivered, sent or left might
Kave been referred as aforesaid, the Judge may order the
delivery of a bill, and also may order the delivery up of all
deeds or papers in the possession, custody or power of the
Solicitor, his assignee or representatives.
|g^ 86. In proving a compliance with this Act it shall not Proof of combe necessary in the first instance to prove the contents ofpia'
the bill delivered, sent or left, but it shall be sufficient to
prove that a bill of fees, charges or disbursements, subscribed in the manner aforesaid, or enclosed with or
accompanied by such letter as aforesaid,-was delivered,
sent or left in manner aforesaid, but the other party may
show that the bill so delivered, sent or left was not such a
bill as constituted a bona fide compliance with this Act.
87. A judge of the Supreme Court on proof to his Judgemayauth
J       & r r orize Solicitor
satisfaction that there is probable cause for believing that to commence
«?*»**!*£ . , ._   .   .   ,    _ . an action within
the party chargeable is about to leave British Columbia, or one month.
has committed or is committing any act which would be
ground for issuing a capias or attachment in a civil action,
may authorize the Solicitor to commence an action for the
recovery of his fees, charges or disbursements against the
party chargeable therewith, although one month has not
expired since the delivery of the bill as aforesaid. 68
When person
not chargeable
may apply for
reference.
88. Where any person not being chargeable as the
principal party is liable to pay, or has paid, any bill either
to the Solicitor, his assignee or representative or to the
principal chargeable therewith, the person so paying, his
assignee or representative, may make the like application
for a reference thereunder to tax such bill as the party
chargeable therewith might himself have made in like
manner, and the same proceedings shall be had thereon as
if the application had been made by the party so chargeable.
Judge may take
into consideration special circumstances on
such application,
89. In case such application is made when under the
provisions hereinbefore contained the reference isnotauth- '
orized to be made, except under special circumstances, the
Judge to whom the application is made may take into consideration any additional special circumstances applicable
to the person making it, although such special circumstances might not be applicable to the party chargeable
with the bill if he were the party making the application.
judge may order 90. For the purpose of such reference upon the appli-
copyofbilltobe        . . .
given to such cation of the party not being the party chargeable with the
bill, or of a party interested as aforesaid, the Judge may
order the Solicitor, his assignee or representative, to
deliver to the* party making the application a copy of the
bill, upon payment of the cost of such copy.
No bill once tax- 91. No bill previously taxed shall be again referred
again, unless by unless under the special circumstances of the case the Judge
to whom the application is made thinks fit to direct the
re-taxation thereof.
Judge may refer
bill for taxation,
though paid.
92. The payment of any such bill as aforesaid shall
not preclude the Judge to whom the application is made
from referring such bill to taxation, if the application is
made within twelve months after payment, and if the
special circumstances of the case in the opinion of the
Judge appear to require the same, upon such terms and
subject to such directions as to the Judge seems right.
Style of applic:
tion.
93* All applications made to refer any bill to be taxed
or for the delivery of a bill, or for the delivery up of deeds,
documents and papers shall be made In the matter of (such 69
Solicitor), and upon the taxation of any such bill the certi- Certificate of
ficate of the officer by whom the bill is taxed, shall, unless finaï^niesïset
set aside or altered by order of the Judge, be final andcon-asi
elusive as to the amount thereof.
94. Such certificate may be filed by the Solicitor, and Execution on
he shall be entitled to the expiration of the date for pay- SatiSi.6 °
ment dated in the order of reference to issue such process
of execution, and to take such and the like proceedings for
the recovery of the money so found by the said certificate
to be due, as he would be permitted to issue and take if he
had recovered and signed a judgment against the party
chargeable with such bill for such amount in the Supreme
Court.
95. In case a change of Solicitors at any time takes On change of
place, a Judge of the Supreme Court may, on application mayaorder"dS
by  summons  on behalf of the client, order the Solicitorveryo  ee s'
having the custody of any deeds, documents or papers of
the client to deliver the same to the new Solicitor nominated
by the client, upon payment into Court of the amount due
to the Solicitor, or upon proper security being given at the
discretion and to the satisfaction of the Judge.
96. No   penalty   under   this   Act   shall   exceed, one Penalty,
hundred dollars.
97. All such penalties shall be recoverable before aHowrecover-
r able.
Justice of the Peace, and shall be paid to the Treasurer for
the use of the Society.
98. Where in this Act the time for doing any act or Sunday or statu-
ii-   tory holidav.
taking any proceeding falls on a Sunday or statutory holiday, such act may be done or proceeding taken on the next
juridical day.
REPEALING  CLAUSE.
99. The Acts mentioned in this section shall stand Repeal of Acts,
and be repealed, provided that such repeal shall not affect
any rights acquired or any liabilities or penalties incurred, C. A. 1888, c. 72 ;
1890, c. 26 ;
189.1, c. 25
189+, c. 25
70
or any act or thing done under the said Acts or any of
them :—
Legal Professions Act (Con. Acts 1888, ch. 72);
Legal Professions Amendment Act 1890;
Legal Professions Amendment Act 1891 ;
.  Legal Professions Amendment Act 1893;
Legal Professions Amendment Act 1894. 7i
I,
FIRST SCHEDULE.
Form of Voting Paper.
Law Society of British Columbia.
Election of Benchers, 18
, of the
British Columbia, Barrister-at-law, do hereby declare :—
i.  That the signature hereto is my proper handwriting.
2. That I vote for the following persons as Benchers
of the Law Society :
A. B.,
CD.,
E. F,
G.H.,
H.K.,
L.M.,
N. O.,
%M
R. S.,
of the
of the
of the
of the
of the
of the
of the
of the
of the
3. That I  have signed no other voting paper at this
election.
4. That this voting paper was executed on the day of
the date thereof.
Witness my hand this
day of
, A.D.
SECOND SCHEDULE. s
Law Society of British Columbia.
Annual Certificate No.
This is to certify that has paid to the Law
Society of British Columbia, under the provisions of the
" Legal Professions Act," the sum of dollars, and m
72
that the said is hereby entitled to practise
as a in the Province of British Columbia
for one year from the date hereof.
Dated October, 18      . 	
Secretary.
\Seal.l
heduie. THIRD SCHEDULE.
Barristers' Oaths.
I, A.B., do swear (or being one of the persons allowed
by law to affirm in judicial cases, do affirm) that I am a
British subject by birth (or naturalization, as the case may
be), and that I am of the full age of twenty-one years. So
help me God.
I, A.B., do sincerely promise and swear ^ KQÎ"pf pTTn „
^f the persons al^wed ,J7V l«w t^gwaiSgiaa in jmlii Jul nmrii) i1n _
.njnj "offrir) that I wiji/be faitlflbl ^rtàf.b?$$Jtz&$> Iffiègiance to
^•^   I .   H&& Majesty jQtfgtTm^tagi^a^sH^wiid^Sovgréign of the
United Kingdom of Great Britain and Ireland and of the
Dominion of Canada, dependent on and belonging to the
said United Kingdom, and that I will defend Hfâyto the
utmost of my power against all traitorous conspiracies and
attempts whatever, which shall be made against HfaQ
I power, Crown, and dignity ; and that I will do my utmost
\\lâ endeavours to disclose and make known to JfeT Majesty,
fTJL,& Her> heirs and successors, all treason and traitorous con-
jj spiracies and attempts which I shall know to be against
J*U\k, -Her or any of them, and all that I do swear (or affirm)
without any equivocation, mental evasion, or secret reservation.     So help me God.
The proper officer, u?ider the direction of the Court, shall
say to the Barrister :—
I You are called to the degree of Barrister to protect
and defend the rights and interests of such persons as may
employ you. You shall conduct all cases faithfully and to
the best of your  ability.    You   shall   neglect   no   man's interest, nor seek to destroy any man's property. ^Yfiiiv
^rinti i. j 4 g m1+ji .r—feaem$&£&y. ©* -nmntananmr You
shall not refuse causes of complaint reasonably founded,
nor shall you promote suits upon frivolous pretences. You
shall not pervert the law to favour or prejudice any man,
but in all things shall conduct yourself truly and with
integrity. In fine, the Quocrfs interests and your fellow
subjects you shall uphold and maintain according to the
constitution and laws of this Province."
To which the Barrister shall answer :—
"All this I swear (or affirm) to observe and perform
to the best of my knowledge and ability.    So help me God."
Solicitors' Oath.
The oaths of being a British subject, and of allegiance
as required of a Barrister, and the following :—
" I, A. B., do swear (or being one of the persons
allowed by law to affirm in judicial casesf do affirnythat I
will truly and honestly demean myself in the practice of a
Solicitor, according to the best of my knowledge and
ability.    So help me God."  75
INDEX TO THE ACT AND  RULES.
No. 1—THE RULES.
Accounts and Salaries—
Payment of  33
Admission and Enrollment of Clerks and Students—
Credentials Committee to Superintend  37
Clerks and Students, time for  38
"        age of  39
Application for  40
Form of.  " A "
University Graduates  41
Certificates of Character  42
Form of  " B "
Personal attendance unnecessary ,  43
Fees, payment of  44
Examination and Entry  45
Vide ' * Examinations. "
Articles  46
Form of  "P"
Assignments  45
Form of  "Q"
Proof of Execution  45
Form of  " R"
Classification of Applicants  46
Service, term of  47
Commencement, when to take effect  48
Provision respecting nature of service  49
Service of part term without the Province  50
Application for leave  . " C "
Permission for *  50
Proof of.  5°
Admission of Articled Clerks as Solicitors—
Provision respecting age  59
'*      as to compliance with Rules, etc  59
Vide " Examinations."
Notice and Petition for Admission  63
Form of  " I "
I        "J"
Interrogatories and Answers  64
Special Report in absence of  66
Certificate of Service     64
Diploma ■ 65
29
30
13
38
'3
40
13
42
13
13
13
13
13
30
17
17
19
33
34
19 &*&&&?
76
Rule.       Page.
Admission of Articled Clerks—Continued—
Form of      "K" 35
Presentation and Swearing in _         69 22
Vide "Presentation."
Admission of Barristers—
As Solicitor  6S 21
Petition for         68 21
Admission of Solicitors from British Dominions —
Vide " Applicants from British Dominions."
Annual Statements—
Of Receipts and Expenditures         31 9
Appeals—Vide "Disbarring, etc."
Applicants from British Dominions—
Application  75            22
Form of  ''L"
Verification of •  " M "
Evidence requisite  74
Payment of Fees'  74
Vide " Fees."
Arrangement of Documents  75
Procedure and Adjudication upon Application  76
Advertisement  78
Declaration of Residence, Compliance, etc    .... 79
Certificate of Repute, etc  79
Form of  " O "
Examinations  80
Vide "Examinations."
Advocates from Scotland  81
Applicants from Colonies where Common Law of England not in force  :  81
Applicants for Call where Term of Study less than 5 years 82
Interrogatories and Answers    83
Applicants for Admission where Term of Service less than
5 years.  84
Interrogatories and Answers            85
Articled Clerks—Vide " Admission and Enrollment."
Ranking—
Provision respecting         32 9
Benchers—
Number and Election ( Vide Act post).
Regular Meetings  7 6
Special Meetings  8 6
Emergency Meetings    . . 9 6
Quorum of  10 6
Conduct of Meetings  11 6
Order of Business  13 7
35
37
33
23
23
24
24
38
24
24
24
25
25
25 77
Bench ers- - Continued—
Passing of Minutes  14
Standing Committees, election of  15
Membership and Quorum          . 16
Vacancies in Committee  17
Treasurer to be Chairman  18
Chairman in absence of Treasurer  18
Call of Barristers from British Dominions—
Vide " Applicants from British Dominions."
Call of Solicitors—
To the Bar  67
Examination and Petition  67
Call of Students-at-law—
Provision respecting age  59
"        as to Compliance, etc.  59
Notice and Petition for  60
Form of  " E "
"       "F"
Interrogatories and Answers  61
Special Report, in absence of  66
Certificate of Study '.  61
Diploma \  62
Form of  " H "
Presentation and Swearing in  69
Vide "Presentation."
Chairman of Meetings—
Treasurer to be  18
In absence of Treasurer  i8
Cheques—
Form of  33
Committees—
Classes of and Election of   15
Vide " Benchers."
Disbarring, Striking Off, and Appeal—
Complaints, form of  86
Reference to Discipline Committee  86
Procedure thereon  87
Resolution to Investigate, Notices, etc  88
Adjournments      89
Counsel      9°
Power to Require Affidavits  9l
Service of Affidavits • • - 91
Powers of Benchers respecting Punishment and Procedure 91
Resolution Disbarring, etc., mode of passing and certifying 92
Majority necessary  92
Power to Proceed ex parte, in Default of Appearance, etc 93
17
17
17
3i
19
19
33
2$
25
25-
26-
26
26
26
26
26
26- 78
Rule.
Disbarring, Striking Off and Appeal—Continued—
Evidence  94
Stenographer's Report ; 94
Service of Resolution, disbarring, etc  95
Appeal to the Visitors  96
Notice, and time for  96
Day of Hearing, fixing of  97
Procedure, and Secretary's Duties  98
Evidence on Appeal  99
Appeal Books, etc., if required by the Visitors  100
Appeal not a stay of Judgment unless ordered  101
Result of Appeal  102
Publication  102
Examinations—
Time of holding  51
Preliminary *    52
Intermediate and Final  53
First Intermediate  54
Second      "            54
Solicitor  54
Barrister  54
Mode of Conduct of    ...           55
Notice for  56
Form of .  " D "
Fees, payment of before  57
Results, rule for ascertaining  58
Fees—
Table of  103
Finance Committee—
General Duties of  30
Annual Accounts  31
Banking  32
Payments, etc  33
Interpretation of Terms  1
Librarians—
Librarian, Secretary, ex-officio  19'
General Powers of... '  34
Assistant Librarians  19
Library Committee, powers of  35
Regulations respecting  36
Library Committee—
General Powers of  35
Vide " Librarians."
Meetings—Vide "Benchers."
26
27
27
27
27
27
27
27
28
28
28
28
14
14
15
15
15
16
16
17
17
30
17
17 79
Rule. Pag*.
Minutes—
Of Benchers' Meeting  24 .8
Confirmation of  24 8
Vide " Secretary."
Oaths—Vide "Presentation."
Officers—
Under Salary  19 7
Duties of  19 8
To hold during pleasure  20 8
Appointment by Resolution      21 8
Temporary Appointments  21 8
Salaries or Fees of  22 8
Presentation—
Resolution for  69 21
Time for  70 22
Mode of ; Oaths, etc  71 22
Exceptional Cases, Illness, etc  72 22
Records and Rolls—
Alterations in and Additions to  6 6
Custody of  6 6
Repeal of Former Rules  2 5
Proviso as to effect of repeal on persons now enrolled.... 2 5
Salaries—Vide "Officers."
Seal—
Design of ,  4 1
Custody of  5 6
Secretary—
General Duties of  23 8
Minutes of Meetings by  24 8
Correspondence  24 8
Certificates, etc  24 8
Examination, duties respecting       25 8
"         •• 26 9
Election of Benchers, duties respecting  27 9
Annual Fees, duties respecting.  28 9
Security by  29 9
Banking, duties respecting  32 9
service—
Without the Province  50 13
Vide " Admission and Enrollment."
Society—
Officers of  19 7
Permanent Seat of  3 5
Standing Committees  15 7
Vide " Benchers."
Students-at-law—Vide Admission and Enrollment. 8o
No. 2—THE ACT.        |^£%
(Reprinted from the Statutes of 1895).
Pageu.
Short Title  45
Law Society of British Columbia, incorporation of  45
Land, power to acquire and hold, etc  45
Benchers '.  46
Ex-officio  46
Treasurer and Secretary  46
Continuation of Benchers now in office  46
Property vested in Society  46
Election of Benchers  46
Persons not eligible  46
Retiring Benchers  46
Persons eligible  47
List of voters  47
Voting  47"
Scrutineers      47
Count of votes  47
Who shall be elected  48
In case of equality  48
Result to be declared  48
Benchers to make rules regulating election 2  48
Falsification of voting paper  49
Absence of Secretary  49
Disputes as to election  49
Petitions against  49-
Insufficient number elected, vacancy, etc  49
General Annual Meeting of Society    <... 50-
Quorum  .    . 50
Special General Meeting  50-
Powers of Benchers  51
Appointment of officers  51
Making of Rules      51
Call and admission  52
Admission  53.
When term of service less than 5 years  55.
Rules of Benchers, how proved   55
Alteration of Rules  56
Persons only to be called and admitted as hereby provided '.. 56
Call and Admission in Particular Cases  56-
Disbarring  56-
Barristers and Solicitors  57
Students and Articled Clerks  57
Hearing of complaint .•  57
Examination of witnesses, etc  57
Two-thirds majority necessary  57
Effects of disbarring  57
Registrars to be notified  58 8i
Disbarring— Continued—
Person disbarred as Barrister also disbarred as Solicitor	
Reinstatement	
Law Library	
At Victoria	
In whom property vested.,,	
Branch Libraries... , , p?f	
Penalties for removing books \.\	
Solicitors and Articled Clerks  ,	
Articles of Clerkship  .. ,	
Declaration .... ,....,,...... °. \.	
Solicitor not to have more than two Articled Clerks	
Bankruptcy or discontinuance of practice by Solicitor  ............
Assignment of articles on	
In such case Clerk may be bound for residue	
Articles to be filed, etc	
Annual Fees	
Certificate	
Barrister who is Solicitor needs only one certificate	
Penalty for practising without certificate	
Fees the property of the Society	
Barristers' and Solicitors' Rolt.s	
Oaths	
Rolls to remain in Registry	
Disbarring to be entered on Rolls ; ,	
Persons other than Barristers and Solicitors not to Practice
Penalty "	
In whose name complaint to be made	
Solicitor not to act as agent for unqualified person	
Branch offices        	
Offences against above sections contempt of Court	
Imprisoned Solicitor not to practice	
Unqualified person not to recover fees	
Barristers and Solicitors holding certain positions not to practice	
Solicitors' costs, recovery of	
Taxation on application of debtor	
Solicitor may apply therefor \	
When such application need not be made	
Costs of application when parties neglect to attend	
When one-sixth off	
Order for reference to direct taxation	
Officer may certify special circumstances	
Appendix " M " of Rules of Court not to apply	
When reference is made under  special circumstances Judge may give
special directions  	
Judge may order delivery of bill	
Proof of compliance with Act	
If party about to leave Province, Solicitor may sue.,    	
When person not chargeable may apply	
58
58
58
58
58
59
59
59
59
59
59
60
60
60
60
61
61
6i
61
61
62
62*
62
62
63
63
63
64
64
64
64
65
65
65
65 •
66
66
66
66
66
66
67
67
67
67
67
mm 82
Page.
Judge's powers thereon  *68
Retaxation  68
Taxation after payment  "68
Style of taxation and certificate  *68
Execution on certificate ,  69
Delivery of deeds on change of Solicitor  69
Penalties, amount of  69
Sïmday or Saturday holiday..   ...  .....  69
Repeal of Acts  69
Form of Voting Paper  71
Form of Annual Certificate... ,.,.,  71
Form of Barristers' Oaths \  72
Form of Solicitors' ISaths   73
University of British Columbia Library
DUE DATE
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FORM NO. ET-6 00853<r.
Law Society of British Columbia.
The Rules of the Law Society of
British Columbia, taking effect on
the 4th day of October, 1897, and the
Legal Professions Act, 1895. pHH     ~~ i  ill
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