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 KE 361.B7A43 1897 
 
 The rules of the Law Society of British 
 
 3 1924 017 009 022 
 
 Cornell University Law Library. 
 
 THE GIFT OF 
 

 
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 THE 
 
 ,• <" 
 
 RULES 
 
 
 OF 
 
 * 
 
 V 
 
 § 
 
 THE LAW SOCIETY 
 
 BRITISH COLUMBIA, 
 
 Taking Effect on the 4th Day of October, 1897, 
 
 
 •/:■■ 
 
 THE LEGAL PROFESSIONS ACT, 1895. 
 
 
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 I 
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 Victoria', B. C, 
 The Colonist Printing and Publishing Co., Ltd. 
 
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 . ■_ - >>j gM^>S0fl€»» i^l »>3€< «I ■ 
 
H pi Cornell University 
 WJj Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924017009022 
 
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. 
 
 ,897. 
 
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. 
 
 The following Gentlemen are Benchers ex-qfficio : 
 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. Pei.lew Crease, 
 
 Retired Judge of the Supreme Court of British Columbia. 
 
 Elected for the Year 1897-8 : 
 
 Charles Edward Pooley, Q. C, Victoria. 
 
 Lewis Griffith McPhillips, Q. C, Vancouver. 
 
 Charles Wilson, Q. C, Vancouver. 
 
 Harry Dallas Helmcken, Q. C , Victoria. 
 
 Edward Pease Davis, Q. C, Vancouver. 
 
 James Stuart Yates, Esq., Victoria. 
 
 Ernest Victor Bod well, Esq., Victoria. 
 
 Eustace Alvaney Jenns, Esq., New Westminster. 
 
 Francis Brook Gregory, Esq., Victoria. 
 
4 
 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 ourins 
 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, ... 9th Oct., 1889 to April, 1897- 
 The Hon. Charles Edward Pooley, 189^ 
 
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 
 is 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 : Pro- 
 vided 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, sustain- 
 ing a pair of scales : 
 
 For a Crest : The Badge of the Province : 
 
 Motto : Lex Liberorum 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 meet- 
 ing, 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 : 
 
 (1.) Reading of minutes of last meeting. 
 
 (2.) Matters arising out of the minutes. 
 
 (3.) Communications — General business. 
 
 (4.) Reports: Secretary's, Examiners', Reporter's, Cre- 
 dential 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. 
 
 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. 
 
8 
 
 (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 Chair- 
 man 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 all necessary 
 diplomas, certificates and other documents appertaining to his depart- 
 ment, and perform all other services incidental to the office. 
 
 25. He shall five days before the dates for the various examina- 
 tions, 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 preced- 
 ing 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 suc- 
 ceeding 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 manage- 
 ment 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 " 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 author- 
 ized 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. 
 
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 by 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 mem- 
 bers 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 Library Committee shall assume the general superin- 
 tendence 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 : 
 
 (1.) The Libraries shall be kept open for the use of the Judges 
 of the Supreme and County Courts, Barristers and Soli- 
 citors 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. 
 
 (2.) 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 Sun- 
 day, 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 appli- 
 cation to the Librarian or Assistant Librarians, and any 
 member of the Law Society in good standing requir- 
 ing 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 tor 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 admis- 
 sion 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. 
 
 ^**- 7£ujfA 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 
 ■anamination, but shall comply with these rules in all other respects, 
 and he shall in addition exhibit to the Benchers his diploma, »r satisfy 
 33}& Benchers of his having received his degree.tfV^Xla Tuitsrno 71 
 
 42. Every applicant for admission or enrollment as a Student- 
 at-law or Articled Clerk shall at the time of giving the notice hereinbe- 
 'fore 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 
 
i3 
 
 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 to their merit. 
 
 SERVICE. 
 
 47. The term of attendance at Barristers' chambers before call 
 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, previ- 
 ously 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 pre- 
 viously 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 pur- 
 suance of the foregoing rules shall, during his term of attendance, 
 hold any office of emolument, or engage or be employed in any occu- 
 pation 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- 
 
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. 
 
 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: 
 
 (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. 
 
 (/.) English Grammar, English Composition, and Writing 
 from dictation. 
 Craik's English Literature. 
 Hamlet, Lady of the Lake. 
 
 (<?"•) Virgil Aeneid, Book I; Horace Odes, Books I and II. 
 Latin Grammar. 
 
 (A.) 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 examina- 
 tion, such examinations to be passed as follows : 
 
 (1.) In the case of five year Students, at or at any time after J 
 
 the end of the 2nd, 4th and 5th years respectively,^ GA^k*- f 
 
 (2.) In the case of three year Students, gre or ajrany time after n 
 
 the end of the 1st, 2nd and 3rd years respectively<n-«6 ««■ AX 9^ 1 
 
 54. The subjects and books for^xaminatjjon 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. 
 
 t, , r, ("Smith's Landlord and 
 
 Real Property \ 
 
 \ Tenant. 
 
 Evidence, Stephen's Digest. 
 
 Personal Property, . . . Williams. 
 
 Torts Underhill. 
 
i6 
 
 Statutes, 
 
 Law and Equity Act, 
 Supreme Court, 
 Land Registry, 
 Execution, 
 
 Trustees and Executors, 
 Married Woman's Pro- 
 perty Act, 
 Mechanics' Liens, 
 Municipalities, 
 Evidence, 
 '^Partnership. 
 
 SOLICITOR. 
 
 Wills, . 
 Contracts, 
 Torts, 
 Equity, .- 
 Executors, 
 Choses in Action 
 
 Statutes, 
 
 Hawkins. 
 Leake. 
 Pollock. 
 Story. 
 
 Walker & Elgood. 
 Kehoe. 
 
 ^Criminal Code, 
 Statute Law of British 
 Columbia and the 
 Dominion of Canada. 
 
 Pleading and Practice in British Columbia Courts. 
 
 BARRISTER. 
 
 Broom. 
 
 Pollock. 
 
 Snell. 
 
 Stephen's Digest. 
 
 Byles. 
 
 (Harris, and Criminal 
 Practice and Pro- 
 cedure under Code. 
 fBourinot's Constitution 
 \ 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 num- 
 bers, 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 pre- 
 scribed 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 exam- 
 inations. 
 
 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 
 
i8 
 
 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 : 
 
 ist. Has A. B. actually and bona fide attended during his whole 
 term of years in your chambers ? And, if not, state the reason. 
 
 and. 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 ? 
 
19 
 
 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 pro- 
 fession 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 ? 
 
 and. 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 
 apd 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 clerk- 
 ship, 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 
 
21 
 
 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 appli- 
 cation 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 appli- 
 cation 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 name's 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, a/id 
 thereupon they shall take the oaths prescribed in that behalf by the 
 " 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 " 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^ind furnish satisfactory proof : 
 
23 
 
 (a.) Of his call or admission or both, as the case may be, 
 and that he still remains in good standing as such Bar- 
 rister 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 other- 
 wise to disqualify him as such Barrister or Solicitor; or 
 no adverse application has been made to disbar or other- 
 wise 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. See Form N in the 
 Appendix. 
 
 (c.) Of residence in the Province. 
 
 (d. ) In case any adverse application has been made as men- 
 tioned 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 con- 
 firm 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 lrast two months immediately preced- 
 ing call or admission^fi^e^fS j ^J^^62^*-©<'™m , rJia Gazette notice 
 of their application? 
 
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; inrl il'-q,, fhnt he hni? 
 
 uf Hjl- Deoiotyr and shall also file with the Secretary a certificate 
 signed by two Barristers or Solicitors in good standing, which certi- 
 ficate 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 give two weeks 
 notice in writing to the Secretary of his intention so to present him- 
 self 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, Depend- 
 encies 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 admis- 
 sion, 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 shajl, 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- 
 
2 5 
 
 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 admit- 
 ted 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 
 good 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 addi- 
 tion 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 
 & prima facie case has been made out, they shall report such com- 
 plaint 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 com- 
 plaint 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 inves- 
 tigation from time to time. 
 
26 
 
 go. The Treasurer shall appoint counsel to conduct the investi- 
 gation on behalf of the Society, and on such investigation any person 
 against whom a complaint is made may be represented by counsel. 
 
 91. The Benchers may require the complainant in any case which 
 they decide to investigate, to make an affidavit setting out fully the 
 facts and circumstances giving rise to such complaint, which affidavit 
 
 shall be intituled " In the matter of a Barrister or Solicitor of 
 
 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 the 
 person complained of shall answer the matters deposed to viva voce 
 or on affidavit as the Benchers may require. 
 
 The Benchers may, if in their opinion there is no need of further 
 investigation, either punish the person complained against, or dismiss 
 the complaint, or may proceed to investigate further in the manner 
 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 any 
 person to give evidence or to produce documents, which summons 
 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 from 
 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 of 
 the Benchers present, and only those Benchers who have been present 
 throughout the whole proceedings and who have heard all the evi- 
 dence shall be deemed present within the meaning of this Rule, and 
 the Treasurer or other presiding officer shall note upon the said 
 resolution the names of the Benchers present and their vote, and shall 
 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 investi- 
 gation, or at any adjournment thereof, the Benchers may thereupon 
 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 oath 
 and shall be taken down in writing in the form of a deposition and 
 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 hear- 
 ing 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 
 papers connected with the charge, the record of the proceedings 
 thereunder and the evidence taken before the Benchers, but the 
 Judges 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 any 
 appeal book or copies of the evidence unless the Judges shall require 
 the same. 
 
 101. An appeal shall not operate as a stay of judgment, unless 
 the Benchers for special reasons in their discretion shall so order. 
 
 102. If the Judges allow the appeal the Secretary shall file the 
 order made by the Judges, and shall give to the appellant a certificate 
 and shall forward and publish copies of such certificate in like manner 
 as the resolution containing the decision of the Benchers was for- 
 warded and published under section 46 of the "Legal Professions 
 Act, 1895." 
 
 FEES. 
 
 103. The following fees shall be payable to the Society in 
 respect of the matters hereafter set out : 
 
 On admission as a Student-at-law or Articled Clerk , $ 50 00 
 
 In the event of an unsuccessful examination, $40.00 will 
 be returned. 
 
 On examination for call to the Bar 100 00 
 
 In the event of an unsuccessful examination, $75.00 will 
 be returned. 
 
 On examination for admission as a Solicitor . . . , 100 00 
 
 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 00 
 
 For certificate of admission as a Student-at-law or an Articled 
 
 Clerk 100 
 
 For every other certificate 1 
 
 00 
 
 Barristers' or Solicitors' annual fee, payable on the first Mon- 
 day of November in each year 30 00 
 
 Provided, that if paid on or before the first Monday in 
 October, such amount shall be reduced to $20.00. 
 
2 9 
 
 APPENDIX. 
 
 A. 
 NOTICE OF APPLICATION FOR ADMISSION. 
 
 LAW SOCIETY OF BRITISH COLUMBIA. 
 
 I of son of. Rule 40, 
 
 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). 
 
 1. 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° 
 
 B. 
 
 CERTIFICATE OF CHARACTER. 
 
 LAW SOCIETY OF BRITISH COLUMBIA. 
 
 Rule 42. We of and do hereby certify 
 
 that we. have known and been well acquainted with 
 
 of for the space of .years; that he is a 
 
 person of good moral character, and fitted to be enrolled as (a Student- 
 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 the 
 
 chambers of in the City of in the Province 
 
 of (or with at in the 
 
 Province of as Solicitor of the Supreme Court of 
 
 as the case may be), or in the Law School at 
 
 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 study- 
 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; 
 
 I). 
 
 INTERMEDIATE. 
 
 NOTICE AND CERTIFICATE BY STUDENT-AT-LAW, 
 OR ARTICLED CLERK. 
 
 LAW SOCIETY OF BRITISH COLUMBIA. 
 
 Rule 56. i. I of hereby Certify that I 
 
 was entered on the books of the Law Society as a (Student-at-law or 
 
3 1 
 Articled Clerk, or both, as the case ma}' 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 R u i e 6o. 
 
 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 
 
 F. 
 PETITION FOR CALL. 
 
 LAW SOCIETY OF BRITISH COLUMBIA. 
 
 To the Benchers of the Law Society of British Columbia: Rule 60. 
 
 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. 
 
3 2 
 
 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 
 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 
 and promise that he will faithfully and truly submit and 
 conform himself to and obey, observe, perform, fulfil and 
 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 61 Dominion of Canada, 
 
 and 64. _^ 
 
 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 
 
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 Kvidence Act, 1893." 
 
 Declared before me at this 
 
 dav of A. D. 18 
 
 H. 
 DIPLOMA OF BARRISTER. 
 
 LAW SOCIETY OF BRITISH COLUMBIA. 
 
 This is to certify that of R u i e 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. 
 
 I. 
 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: 
 
 Rule 63. The petition of of most respectfully 
 
 showeth : 
 
 1. That your petitioner is of the full age of years. 
 
 2. That he received his professional education under the superin- 
 tendence 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 day 
 
 of 18.... 
 
 7. That he is desirous of being admitted as a Solicitor. 
 
 Your petitioner therefore most respectfully prays, that his 
 qualifications being first examined and found sufficient, 
 according to the rules of the Society and standing orders 
 of the Benchers in that behalf, he may be admitted as a 
 Solicitor. 
 
 Dated the day of 18 
 
35 
 
 K. 
 
 DIPLOMA OF SOLICITOR. 
 
 LAW SOCIETY OF BRITISH COLUMBIA. 
 
 This is to certify that of Rule 65, 
 
 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. 
 
 L. 
 
 APPLICATION FOR ENROLLMENT AS AN APPLICANT 
 FOR CALL OR ADMISSION IN SPECIAL CASES. 
 
 LAW SOCIETY OF BRITISH COLUMBIA. 
 
 I ' of hereby make R u i e73 . 
 
 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 admis- 
 sion 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 the 
 
 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 ). 
 
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 
 
 f 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 
 
 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 complaint 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 Rule 73. 
 
 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. 
 
 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 
 
3« 
 O. 
 
 We hereby certify that we are personally acquainted with 
 
 that to the best of our knowledge the 
 
 sa ;(j 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 Pro- 
 vince 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 prac- 
 tice 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 Soli- 
 citor 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. 
 
40 
 
 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 
 by the within named parties, in 
 the presence of 
 
 W. F. 
 
 .A. A. [l.s.] 
 .B.A. [us.] 
 .S.S. [l.s.] 
 
 Note. — Where the person about to be articled has attained his 
 majority, the father or guardian is not a necessary party to the 
 instrument. 
 
 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 com- 
 pleted 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 hind 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 adminis- 
 trators, doth hereby covenant with the said that the 
 
4 2 
 
 said will 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 
 
 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.] 
 fL.S.1 
 
 R. 
 
 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... 
 
H 
 
 CHAPTER 8. 
 
 An Act to amend the " Legal Professions Act." r.s.,b.c., .24 
 
 \_May 20th, 1898. ~\ 
 
 WHEREAS doubts have been expressed as to the meaning of Preamble, 
 section 37 of the " Legal Professions Act," regarding the call 
 and admission of Barristers and Solicitors from various portions of 
 Her Majesty's Dominions : 
 
 And whereas it is expedient to set such doubts at rest and to 
 declare the intention of the Legislature thereon : 
 
 Therefore, Her Majesty, by and with the advice and consent of 
 the Legislative Assembly of the Province of British Columbia, enacts 
 as follows : — 
 
 1. This Act may be cited as the "Legal Professions Amendment Short title. 
 Act, 1898." 
 
 2. Whenever an applicant for call or admission as a Barrister Applicants 
 
 or Solicitor under said section 37, has been called or admitted as such on^callor^d- 
 in more than one place or Province in her Majesty's Dominions, he mission in 
 
 , ..... 11 i . • , • V, -, . s . more than one 
 
 may base nis claim for call or admission on his call or admission m place or Prov- 
 
 any of the various places or Provinces in which he has been called lnce ' 
 or admitted, notwithstanding that the part of such Dominions where 
 he has been called or admitted in the first instance requires less than 
 five years' study, so long as it requires not less than three years' 
 study. 
 
 3. Any person over the age of thirty-five who, between the Certain per- 
 
 ages of twenty-five and thirty-five years, has served three or more articled'* 1 with* 
 
 years continuously as clerk in the office of a barrister or solicitor in 9 ut under^o- 
 J J ing prelimin- 
 
 the Province of British Columbia, not under articles, may, in the ary examinat- 
 
 discretion of the Benchers, be articled, without being required to 
 undergo the preliminary examination for admission to study ; pro- 
 vided, however, that he pay the customary fee, and shall serve five 
 years, in addition to the time already served, and shall pass the 
 intermediate and final examinations before being eligible for call or 
 admission as a barrister or solicitor. 
 
The Legal Professions §d, 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 Col- 
 umbia, enacts as follows : — 
 
 SHORT TITLE. 
 
 1. This Act may be cited as the " Legal Professions Short title. 
 Act, 1895." 
 
 LAW SOCIETY. 
 
 8. The Law Society of British Columbia (hereinafter Law Society of 
 
 ,,,,,. o .,,*. ,. . . British Colum- 
 
 called "the Society ) shall continue to be incorporated Ma, 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- 
 
 , . hold, and deal 
 
 purchase, take, possess, and after acquiring the same, with land, etc. 
 
4 6 
 
 sell, lease or part with any lands, tenements, or heredita- 
 ments for the purposes of the Society, but for no other 
 purpose, and may execute all other matters pertaining to 
 them to do. 
 
 BENCHERS. 
 
 Benchers of 4. The Society shall be governed by nine members 
 
 S '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 
 
 andB. c"and being, the Attorney-General of British Columbia, for the 
 SupreJe"^^ time being, and any retired Judge of the Supreme Court 
 Benchere. of this Province, shall, respectively, ex-officio, be Benchers. 
 
 Treasurer and <>• The Benchers shall on the first meeting after their 
 
 Secretary. 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 1 . 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. ,,.,.,.,... . , 
 
 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 8. The election of Benchers shall take place annually, 
 
 on the Monday preceding the thirty-first day of March in 
 every year. 
 
 Persons not 9. No person shall be eligible as a Bencher at any 
 
 nofquliifiea' e election who is not qualified to vote at such election and 
 unless he be a Barrister. 
 
 Retiring 10. At all elections retiring- Benchers shall be eligible 
 
 Benchers. . ° 
 
 for re-election. 
 
47 
 
 11. Each Barrister or Solicitor entitled to practice in who are eligible 
 the Supreme Court, and actually residing- and practising-" 3 enc ers - 
 
 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 persona 
 each year, an alphabetical list of the Barristers and tobe^repared! 
 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 omlsslons ' etc - 
 name in the list, it shall be the duty of such officer forth- 
 with 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 list 
 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 °ote. en ' 
 
 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, SCI " 
 
 shall act as scrutineers at the election. In case any 
 scrutineer is absent during such scrutiny the other may 
 nevertheless proceed therewith. 
 
 17. The voting papers shall upon the day of election Count of votes, 
 be opened by the Secretary of the said Law Society, in 
 
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- ig. Any person entitled to vote at any election for 
 
 tend scrutinizing J 
 
 of voting-papers. Benchers shall be entitled to be present at the opening and 
 scrutinizing of the voting papers. 
 
 Certain votes 19. Any votes cast for any person who is ineligible 
 
 null and void. tQ bg a B enc h er| or w ho 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 20. In the event of any elector placing more than 
 
 taken in case . . 
 
 more than nine nine names on his voting paper the first nine only shall be 
 
 voted for. 
 
 taken, notwithstanding any of such nine persons so named 
 may be ineligible for election from any cause whatever. 
 
 XT . 21. The nine persons who have the highest number of 
 
 Nine persons r & 
 
 having highest vo t e s shall, with the ex-officio Benchers, be the Benchers 
 
 number ot votes 
 
 to be elected, until the next annual election, and until their successors 
 shall have been elected. 
 
 in cases of 22. In case of an equality of votes between two or 
 
 equality of votes. ■ 
 
 more persons, which leaves the election of one or more of 
 such Benchers undecided, then the scrutineers shall forth- 
 with 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. 
 
 Declaration of 23. Upon the completion of the scrutiny, the Secre- 
 
 result of election l t r J 
 
 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 24. The Benchers may make such rules as they con- 
 
 make rules. ., . .. /■,.»! 
 
 sider 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, 
 son to any voting- paper under this Act, or alter, or add to, p a c pe° vc 
 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 
 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 unavoid- 
 able 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. 
 
 27. In the event of anv dispute as to the election of D!s P utesas to 
 
 " . election of Ben- 
 
 Benchers, the same may be decided in a summary way by chers, how de- 
 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 aerainst the return of a Bencher shall Petition against 
 
 c ° return ot a Ben- 
 
 be entertained unless presented within ten days after the <*er to be pre- 
 
 r sented in ten 
 
 day of election. days- 
 
 29. The votinef papers belonefing' to any election shall Voting papers to 
 
 & v v . . be retained by 
 
 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- 
 
 , . . 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 
 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 
 
 bera'ot^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 year 
 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. 
 
 Q uorum . 32. Fifteen members shall form a quorum. 
 
 Special g-enerai 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 two 
 weeks of such request. 
 
 MEETINGS OF BENCHERS. 
 
 Regular meet- 34. Regular meetings of the Benchers shall be held at 
 
 ings of Benchers , „,. ,- T7- ■ in hit ft am 
 
 the City or Victoria on the first Monday of January, April,.: 
 July and October in each year. i 
 
 Special meetings 35 - 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- 
 
 side of Victoria to and from the meetings of the Benchers 
 (which shall be computed from actual cost of transport), ,S 
 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 : — Benched 
 
 (i.) They may appoint such officers and servants as A ^ffi nt ™ e a n n ' d 
 may be necessary for the management of the servants, 
 business of the Society, and may make rules for 
 the discipline and well-being of the legal profes- 
 sion 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 attend- 
 ance at Barristers' chambers or Solicitors' 
 offices ; 
 
 (d.) The attendance of students and articled clerks 
 at lectures ; 
 
 (e.) The preliminary, intermediate, and final ex- 
 aminations 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; 
 
 (k.) 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; 
 
 (2.) The reporting of legal decisions, and printing 
 the same ; 
 
sion 
 
 (/.) The order of business and the regulation of 
 all proceedings at their own meetings from 
 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. 
 
 Call and admis- (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 there- 
 of for five years, to be computed from the 
 date of his passing his preliminary examina- 
 tion, 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 Advo- 
 cate 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 Pro- 
 vinces of Canada: Provided always, that 
 
53 
 
 before the Benchers shall call any such person 
 hir n- i mn rilmllluui bcen - cirL T TLd uu Lin buulu - 
 ■ af - tla a Soeioty for at luaot oiifenleuilai 1 mei i thto ^--Jl * J 
 
 immodiatulj piiLiding Ills Uall, lm sliall llare °-^76-n^u^^« 1 0> 
 
 lu u idiri ill LliU Pi M i llie 1 dm lug Llm baiU Lwihtd - •= — . 
 
 uf.uiu uiuuLll!,, he shall have paid his fees to 
 the Society, nnri hn nhnll hnv a irlir rr tii ril 
 
 Guluuibia OaWLLe I6r at least two llioirt+rs 
 io i midiatdy piUUidillg his ca+h and provided 
 further, that the applicant shall pass before 
 one or more of the Benchers or Examiners 
 appointed by them in that behalf an examina- 
 tion — (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 know- 
 ledge 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 com- 
 mon 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 
 
 (a.) 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 v 
 good conduct and repute who has been duly 
 admitted to practise as a Solicitor, Law Agent,, 
 or Attorney in any of Her Majesty's Courts in 
 England, Scotland or Ireland^ or wljfyshall 
 have been admitted as a SoTiciton^Attorney 
 in any of the Superio£ACourt^_of' Her 
 Majesty's Colonies or Depenoencies.orPro- 
 vinces of Canada: Provided always, that 
 before the Benchers shall so admit any such 
 person, hio name chall havo boon entered on 
 tho booku of the Society — for at l e a s t s fcfc 
 
 "'"■"Iflr ~™H^ i""""^"' 1j | ti l ling h m 
 
 uduiijjiuii, he shall have paid his fees to the 
 Society, and h a ohall have advortiood not i ce 
 of Ills application for admltjsluu in the DiUisk 
 Columbia Cd2etU! fu r aL liajt Lwo months , 
 - wimc tr ialtily p r eceding his adini&Muu, he sha ll 
 hawe-resided in the Pr6Vlniife dllliug Hit sM 
 pefiod or six months; - 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 Solicitor from some other place than a 
 Province of Canada, concerning his know- 
 ledge 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 com- 
 mon 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 o f Great 
 Britain or Ireland, or Dominion of CanadajL 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 R u i es of Bench- 
 as a true copy of the original by the Secretary, under the ers ' owprove 
 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 "irfpur- admitted to practise as a Solicitor in the Supreme Court, 
 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 
 
 sion in particular . .. r ,. ^ . ,. . . 
 
 cases. actual practice tor 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 satis- 
 faction 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 pre- 
 scribed 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, 
 
 Sd^us d p S end aUfy disqualify, suspend from practice, or strike off the rolls, 
 SoHc'ito e rs! and an y Barrister or Solicitor for good cause shown, but any 
 decision which may disbar, disqualify, suspend from prac- 
 tice, 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-iaw 
 any student-at-law or articled clerk has been guilty of con- clerk" ' C 
 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 com- 
 against a Barrister, Solicitor, Student-at-law or Articled P ™ 
 
 Clerk, the Benchers shall have power to examine witnesses 
 
 under oath, and to compel the production of books, papers, Power to ei- 
 
 j j ., ... . , , . amine witnesses, 
 
 documents and other writings necessary to their inquiry ; e tc. 
 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- Resolution to 
 qualified, suspended from practice or struck off the rolls, by aTwo-thirls 
 unless a resolution to that effect shall be passed by a ma J c,n '5- 
 majority of at least two-thirds of the Benchers present. 
 
 46. Upon a Barrister or Solicitor being- disbarred, Effect of disbar- 
 
 " " 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 
 
 _ to Registrars, 
 
 Benchers containing such decision, under the seal of the etc. 
 Society, shall be forwarded by the Secretary to the Regis- 
 
5« 
 
 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. 
 
 Person disbarred 4 1 ?' In case any Barrister who has been disbarred or 
 
 afso^sbarred as suspended from practice as a Barrister, is also a Solicitor, 
 v£efe°r S 'a and he shall without further complaint be struck off the rolls 
 or suspended from practice as a Solicitor; and it a Solici- 
 tor 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 there- 
 upon cease to be a member of the Society. 
 
 a Barrister or **• A Barrister or Solicitor who has been disbarred 
 
 reinstated"^ be 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 * 9, Notwithstanding any Act, law, or usage to the 
 
 be d^ba r rre n d ex. contrary a Barrister or Solicitor shall not be disbarred, 
 
 prolfded erein struck off the rolls, disqualified, or in any manner 
 
 suspended from practice except as hereinbefore provided. 
 
 LAW LIBRARY. 
 
 Library at Vic- SO. The property in the books of the law library at 
 
 the Law Courts, Victoria, is declared to be vested in the 
 Society, and all such books shall form part of the principal 
 
 in whom prop, library, which shall be at Victoria; and the property in all 
 
 erty in books is , , ■ , , ... , . , . 
 
 vested. 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- 
 
 . „, . 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 clerk- 
 
 „ . . , ship to be filed. 
 
 in writing to serve as clerk to a Solicitor, such contract, 
 with a declaration of the execution thereof annexed there- 
 to, 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 memoran- 
 dum 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 
 
 . j o i ■ nave more than 
 
 aforesaid more than two clerks at one time, and no boli- 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 55. In case any Solicitor, before the determination of 
 
 Tip'tcy?etc., a 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 dis- 
 charged or assigned to such person upon such terms, and 
 in such manner as they may think fit. 
 
 in such case, 56. Whenever any such articles as aforesaid have 
 
 •clerk may be 
 bound tor res 
 due of term. 
 
 boundlor re^i- 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 writ- 
 ing 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. 
 
 Assigned 57. Whenever any person has been bound by articles 
 
 articles or tresh J 
 
 articles to be to serve as a clerk as aforesaid, and whenever any such 
 
 hied and fresh 
 
 •declaration to be articles have been assigned, the Solicitor to whom such 
 
 made. 
 
 person is so bound, or such articles are so assigned, shall, 
 within two months after the date of such articles or assign- 
 ment respectively, make and duly declare a statutory de- 
 claration, 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 respec- 
 tively; 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. 
 
 articles or Ch 58 ' * n case any such art icles or assignments, with 
 
 sig-nmentsand the statutory declaration or declarations in respect thereof 
 
 declarations not . r 
 
 filed within time hereinbefore required, be not filed as aforesaid within the 
 
 limited, time to 
 
 ■count 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 1 Barrister or Solicitor to the Society, on the first 
 Monday of November in each year, the sum of thirty dol- 
 lars, 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 prac- 
 tise, and that the certificate is in force for one year from its 
 date, and it shall be the duty of the Secretary, upon pay- 
 ment of such fee to issue the certificate. A Barrister who f^to^need '* 
 is also a Solicitor need only take out annually one certifi- onl y take out 
 
 J J 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 
 
 J c practising with r 
 
 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! e 
 
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 111 
 
 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 63. The Registrar shall forthwith after the passage of 
 
 rills names of this Act cause to be entered on the said rolls respectively 
 
 Barristers or . , c ,. r 11 j .1 
 
 Solicitors m proper order of tune of call or admission, as the case 
 
 a^rea y ca e , ma y jj e> ,-^g n ames 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 Bar- 
 risters 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 64. Hereafter every Barrister who is called, and every 
 
 Solicitors to take . . . . 
 
 oaths, etc. 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- 6,5. The said rolls shall be and remain deposited in 
 
 main in orhce 01 r 
 
 Registrar. the office of the Registrar of the Supreme Court at Vic- 
 toria, 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 disbar- ^» „ r ™ ■ r^ ,• • ■,•, j 
 
 ring of any Bar- 06. Incase any Barrister or Solicitor is disbarred, 
 
 cito"° r disqualified or suspended from practice under any of the 
 
6 3 
 
 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., 
 
 r t-» f-« • • i to 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 Colum- 
 bia 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 afore- 
 said, 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 imprison- 
 ment for a term not exceeding six months for each offence. 
 
 69. Any person offending against the provisions of By whom com- 
 the preceding section may be charged upon an information 
 
 laid in the name of the Society upon the oath of the Secre- 
 tary 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- 
 
6 4 
 
 dient, and a resolution is passed authorizing the Secretary 
 to lay such information. 
 
 Solicitor not to YO. In case a Solicitor wilfully and knowingly acts as 
 
 act for unqualifi- . , . . 
 
 ed person. the professional agent or 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. 
 
 Branch offices. 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 con- 
 travention of this section shall be the same as for a contra- 
 vention of the preceding section. 
 
 7t An nffrnrr nriinnt thff prnvn ions of any of thfi+ 
 
 A Solicitor a 
 prisoner not to 
 practise. 
 
 ctions shall also be deemed a contempt of 
 
 the Supreme Court, and ma) 1 In finii^ied accordingly on 
 
 motion to such Court, made on behalf of theSOciefc^or ot 
 
 ■ peraon complaining ' thoroofv 
 
 73. In case a Solicitor is a prisoner in any gaol or 
 prison he shall not during his confinement therein or with- 
 in 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 con- 
 tempt 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- 
 
 , e j . . . . sons cannot re- 
 
 detendant in a proceeding-, commences, prosecutes orcoverfees. 
 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 recov- 
 ering 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 Contemptof 
 
 i* c 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 06 
 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 Solici- 
 tor, his executor or assignee (or in the case of a partner- 
 ship, 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 
 such bill, within one month, a Judge of the Supreme Court dlSto?'' " ° 
 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 appii- 78. In case no application is made within the month 
 
 mayappiy'to ° r by the party chargeable with such bill, then the 
 taken refere " ce Judge, on the application of the Solicitor or firm of Solici- 
 tors 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. 
 
 No application 79. No such reference shall be made upon application 
 
 to be made if ,.,,.- 
 
 verdict obtained made by the party chargeable with such bill if a verdict 
 
 for the amount, . . . r , 
 
 or atter twelve has been obtained against him tor 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 SO. 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 . . ..,...,. 
 
 to the event or 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 
 
 ferenc^andMr-Offi 061 " to whom the reference is made to tax the costs of 
 
 tify the result. t jj e re f ere nce 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 may 82. Such officer may certify specially any circum- 
 
 speciai Srcum- 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. 
 
6 7 
 
 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 tain cases. 
 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 
 
 ... . ... t . is made under 
 
 authorized, except under special circumstances as herein- special circum- 
 before provided, the Judge in making the same may give may^« special 
 any special directions relative to the costs of the reference. 
 
 85. When no bill has been delivered, sent or left as Judge may order 
 
 delivery of bill. 
 
 aforesaid, and where the bill so delivered, sent or left might 
 have 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. 
 
 86. In proving a compliance with this Act it shall not Proof of com- 
 be necessary in the first instance to prove the contents fP 1,ancevv ' thAct 
 the bill delivered, sent or left, but it shall be sufficient to 
 
 prove that a bill of fees, charges or disbursements, sub- 
 scribed 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 Judge mayauth 
 satisfaction that there is probable cause for believing that to commeu 
 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 88. Where any person not being chargeable as the 
 
 ma/appfyfor 6 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 §9. i n case such application is made when under the 
 
 into considera- 
 tion special cir- provisions hereinbefore contained the reference is not auth- 
 
 cumstances on 
 
 such application, orized to be made, except under special circumstances, the 
 Judge to whom the application is made may take into con- 
 sideration any additional special circumstances applicable 
 to the person making it, although such special circum- 
 stances might not be applicable to the party chargeable 
 with the bill if he were the party making the application. 
 
 judge may order go. For the purpose of such reference upon the appli- 
 
 copy of bill to be . r r r rr 
 
 given to such cation of the party not being the party chargeable with the 
 
 applicant. * . " * J ° 
 
 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 bin once tax- 91. No bill previously taxed shall be again referred 
 
 ed to be taxed , ' - , ... 
 
 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 92. The payment of any such bill as aforesaid shall 
 
 though paid, "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 applies 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 
 
6 9 
 Solicitor), and upon the taxation of any such bill the certi- Certificate of 
 
 taxing officer 
 
 ficate of the officer by whom the bill is taxed, shall, unless final, unless set 
 set aside or altered by order of the Judge, be final and con- 
 clusive as to the amount thereof. 
 
 04. Such certificate may be filed by the Solicitor, and Execution on 
 
 . i .. « , , P certificate of 
 
 he shall be entitled to the expiration of the date for pay- taxation, 
 ment dated in the order of reference to issue such process 
 of execution, and to take such and the like proceeding's 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 m ay CI order "deli- 
 by summons on behalf of the client, order the Solicitor veryo 
 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 a How recover- 
 
 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- 
 taking any proceeding falls on a Sunday or statutory holi- °' °" . y ' 
 day, 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, 
 
7 o 
 
 or any act or thing done under the said Acts or any of 
 them : — 
 
 c. a. 1888, c. 72 ; Legal Professions Act (Con. Acts 1888, ch. 72); 
 
 1890, c. 26; Legal Professions Amendment Act 1890; 
 
 1891,1.-. 18; Legal Professions Amendment Act 1891 ; 
 
 189.1,0.25; Legal Professions Amendment Act 1893; 
 
 189^0.25; Legal Professions Amendment Act 1894. 
 
7' 
 
 FIRST SCHEDULE. Schedule. 
 
 Form of Voting Paper. 
 Law Society of British Columbia. 
 
 Election of Benchers, 18 . 
 
 1. , of the 
 
 British Columbia, Barrister-at-law, do hereby declare : — 
 
 i . That the signature hereto is my proper handwriting 1 . 
 
 2. That I vote for the following persons as Benchers 
 of the Law Society : 
 
 A.B., of -the 
 
 CD., of the 
 
 E. F. , of the 
 
 G.H., of the 
 
 H.K., of the 
 
 L. M. , of the 
 
 If. O., of the 
 
 P. Q., of the 
 
 R. S., 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. Schedule. 
 
 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 
 
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.] 
 
 Schedule. THIRD SCHEDULE. 
 
 Barristers' Oaths. 
 
 I, A.B., do swear {<mSSggmmm &i* [ HW ' tlHwimi 
 
 U3 1 Imm Hj "ttfth Hi' m jud ' io'ia /hmmmfea jmite^ i uM ) 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 (o »4)e,inyT)ni 
 ofc the^pfeEsaas»aUewed^by'4a^iH:-e-a ffirm in . JMd. icial '- eajLg, il ' ir 
 affir-mjrthat I will be faithful and bear true allegiance to 
 Her Majesty Queen Victoria as lawful Sovereign 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 Her to the 
 utmost of my power against all traitorous conspiracies and 
 attempts whatever, which shall be made against Her 
 power, Crown, and dignity; and that I will do my utmost 
 endeavours to disclose and make known to Her Majesty, 
 Her heirs and successors, all treason and traitorous con- 
 spiracies and attempts which I shall know to be against 
 Her or any of them, and all that I do swear (or affirm) 
 without any equivocation, mental evasion, or secret reser- 
 vation. So help me God. 
 
 The proper officer, under the direction of the Court, shall 
 say to the Barrister : — 
 
 " 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 
 
73 
 
 interest, nor seek to destroy any man's property. You 
 shall not be guilty of champerty or maintenance. 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 Queen's 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 (oKtt i&nSf am) 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 thfi.persons 
 allowed by law to affirnr~m judteialweas^,) do affirm that 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. 
 
 Rule. Page. 
 
 Accounts and Salaries — 
 
 Payment of 33 io 
 
 Admission and Enrollment of Clerks and Students — 
 
 Credentials Committee to Superintend 37 1 1 
 
 Clerks and Students, time for 38 ,2 
 
 " age of 39 I2 
 
 Application for 40 12 
 
 Form of "A" 29 
 
 University Graduates 41 12 
 
 Certificates of Character 42 12 
 
 Form of 'B" 30 
 
 Personal attendance unnecessary 43 12 
 
 Fees, payment of 44 12 
 
 Examination and Entry 45 '2 
 
 Vide "Examinations." 
 
 Articles 46 13 
 
 Formof.. "P" 38 
 
 Assignments 45 13 
 
 Formof "Q" 40 
 
 Proof of Execution 45 13 
 
 Formof "R" 42 
 
 Classification of Applicants 46 13 
 
 Service, term of 47 13 
 
 Commencement, when to take effect 48 13 
 
 Provision respecting nature of service 49 13 
 
 Service of part term without the Province 50 13 
 
 Application for leave " C " 30 
 
 Permission for 50 14 
 
 Proof of. 50 [4 
 
 Admission ot Articled Clerks as Solicitors — 
 
 Provision respecting age 59 17 
 
 " ■ as to compliance with Rules, etc 59 17 
 
 Vide "Examinations." 
 
 Notice and Petition for Admission 63 19 
 
 Form of " I " 33 
 
 " "J" 34 
 
 Interrogatories and Answers 64 19 
 
 Special Report in absence of 66 21 
 
 Certificate of Service 64 20 
 
 Diploma 65 21 
 
7 6 
 
 Rule. Page. 
 Admission of Articled Clerks — Continued — 
 
 Form of "K" 35 
 
 Presentation and Swearing in 69 22 
 
 Vide ' ' Presentation. " 
 
 Admission of Barristers — 
 
 As Solicitor 65 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" 35'' 
 
 Verification of "M" 37 
 
 Evidence requisite 74 22 
 
 Payment of Fees 74 22 
 
 Vide " Fees." 
 
 Arrangement of Documents 75 33 
 
 Procedure and Adjudication upon Application 76 23 
 
 Advertisement 78 2 3 
 
 Declaration of Residence, Compliance, etc 79 24 
 
 Certificate of Repute, etc 79 24 
 
 Form of "O" 38 
 
 Examinations 80 24 
 
 Vide "Examinations." 
 
 Advocates from Scotland 81 24 
 
 Applicants from Colonies where Common Law of Eng- 
 land not in force 8r 24 
 
 Applicants for Call where Term of Study less than 5 years 82 24 
 
 Interrogatories and Answers 83 25 
 
 Applicants for Admission where Term of Service less than 
 
 5 years 84 25 
 
 Interrogatories and Answers 85 25 
 
 Articled Clerks — Vide " Admission and Enrollment." 
 
 Banking — 
 
 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 
 
77 
 
 RULK. 
 
 Benchers- -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 " 
 
 K (I p » 
 
 Interrogatories and Answers 61 
 
 Special Report, in absence of 66 
 
 Certificate of Study 61 
 
 Diploma 62 
 
 Forir. of " H " 
 
 Presentation and Swearing in 69 
 
 Vide "Presentation." 
 
 Chairman of Meetings — 
 
 Treasurer to be 1 8 
 
 In absence of Treasurer 18 
 
 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 90 
 
 Power to Require Affidavits 91 
 
 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 
 
 Page. 
 
 7 
 7 
 7 
 7 
 7 
 7 
 
 21 
 21 
 
 17 
 17 
 17 
 3' 
 3i 
 >7 
 21 
 
 19 
 19 
 33 
 21 
 
 25 
 25 
 25 
 25 
 25 
 26 
 26 
 26 
 26 
 26 
 26 
 26- 
 
78 
 
 Rule. Page. 
 Disbarring, Striking Off and Appeal — Continued — 
 
 Evidence 94 26 
 
 Stenographer's Report 94 27 
 
 Service of Resolution, disbarring, etc 95 27 
 
 Appeal to the Visitors 96 27 
 
 Notice, and time for 96 27 
 
 Day of Hearing, fixing of 97 27 
 
 Procedure, and Secretary's Duties 98 27 
 
 Evidence on Appeal 99 27 
 
 Appeal Books, etc. , if required by the Visitors 100 28 
 
 Appeal not a stay of Judgment unless ordered 101 28 
 
 Result of Appeal 102 28 
 
 Publication 102 28 
 
 Examinations — 
 
 Time of holding 51 14 
 
 Preliminary 52 14 
 
 Intermediate and Final 53 15 
 
 First Intermediate 54 15 
 
 Second " 54 15 
 
 Solicitor 54 16 
 
 Barrister 54 16 
 
 Mode of Conduct of 55 17 
 
 Notice for 56 17 
 
 Form of "D" 30 
 
 Fees, payment of before 57 17 
 
 Results, rule for ascertaining 58 17 
 
 Fees — 
 
 Table of 103 28 
 
 Finance Committee — 
 
 General Duties of 30 9 
 
 Annual Accounts 31 9 
 
 Banking 32 9 
 
 Payments, etc 33 10 
 
 Interpretation of Terms 1 5 
 
 Librarians — 
 
 Librarian, Secretary, ex-ofilcio 19 7 
 
 General Powers of 34 10 
 
 Assistant Librarians 19 8 
 
 Library Committee, powers of 35 10 
 
 Regulations respecting 36 10 
 
 Library Committee — 
 
 General Powers of 35 10 
 
 Vide " Librarians." 
 
 Meetings — Vide "Benchers." 
 
79 
 
 Minutes — 
 
 Of Benchers' Meeting 
 
 Confirmation of 
 
 Vide " Secretary." 
 Oaths— Vide "Presentation." 
 Officers — 
 
 Under Salary 
 
 Duties of . \ 
 
 To hold during pleasure 
 
 Appointment by Resolution 
 
 Temporary Appointments 
 
 Salaries or Fees of 
 
 Presentation — 
 
 Resolution for 
 
 Time for 
 
 Mode of ; Oaths, etc 
 
 Exceptional Cases, Illness, etc 
 
 Records and Rolls — 
 
 Alterations in and Additions to 
 
 . Custody of 
 
 Repeal of Former Rules 
 
 Proviso as to effect of repeal on persons now enrolled . 
 Salaries— ra« "Officers." 
 Seal — 
 
 Design of 
 
 Custody of 
 
 Secretary — 
 
 General Duties of 
 
 Minutes of Meetings by 
 
 Correspondence 
 
 Certificates, etc 
 
 Examination, duties respecting 
 
 Page. 
 
 Election of Benchers, duties respecting 
 
 Annual Fees, duties respecting 
 
 Security by 
 
 Banking, duties respecting 
 
 service — 
 
 Without the Province 
 
 Vide "Admission and Enrollment." 
 Society — 
 
 Officers of 
 
 Permanent Seat of 
 
 Standing Committees 
 
 Vide " Benchers." 
 Students- at-law — Vide Admission and Enrollment. 
 
 24 
 24 
 
 19 
 
 7 
 
 19 
 
 8 
 
 20 
 
 8 
 
 21 
 
 8 
 
 21 
 
 8 
 
 22 
 
 8 
 
 69 
 
 21 
 
 70 
 
 22 
 
 71 
 
 22 
 
 72 
 
 22 
 
 6 
 
 6 
 
 6 
 
 6 
 
 2 
 
 5 
 
 2 
 
 5 
 
 4 
 
 1 
 
 5 
 
 6 
 
 23 
 
 8 
 
 24 
 
 8 
 
 24 
 
 8 
 
 24 
 
 8 
 
 25 
 
 8 
 
 26 
 
 9 
 
 27 
 
 9 
 
 28 
 
 9 
 
 29 
 
 9 
 
 32 
 
 9 
 
 50 
 
 19 
 
 3 
 15 
 
 13 
 
8o 
 No. 2— THE ACT. 
 
 (Reprinted from the Statutes of 1895). 
 
 Pads. 
 
 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 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 5a 
 
 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 
 
 Page. 
 Disbarring— Continued— 
 
 Person disbarred as Barrister also disbarred as Solicitor 5& 
 
 Reinstatement 5& 
 
 Law Library 5^ 
 
 At Victoria 5^ 
 
 In whom property vested 5^ 
 
 Branch Libraries 59 
 
 Penalties for removing books 59 
 
 Solicitous, and Articled Clerks 59 
 
 Articles of Clerkship 59 
 
 Declaration 59 
 
 Snlicitor not to have more than two Articled Clerks 59 
 
 Bankruptcy or discontinuince of practice by Solicitor 6o 
 
 Assignment of articles on 6o 
 
 In such case Clerk may be bound for residue 6o 
 
 Articles to be filed, etc 6o 
 
 Annual Feks 6i 
 
 Certificate 6l 
 
 Barrister who is Solicitor needs only one certificate 6i 
 
 Penalty for practising without certificate 6l 
 
 Fees the property of the Society 6i 
 
 Barristers' and Solicitors' Rolls 62 
 
 Oaths 62 
 
 Rolls to remain in Registry 62 
 
 Disbarring to be entered on Rolls 62 
 
 Persons other than Barristers and Solicitors not to Practice 63 
 
 Penalty 63 
 
 In whose name complaint to be made 63 
 
 Solicitor not to act as agent for unqualified person 64 
 
 Branch offices 64 
 
 Offences figainst above sections contempt of Court 64 
 
 Imprisoned Solicitor not to practice 64 
 
 Unqualified person not to recover fees 65 
 
 Barristers and Solicitors holding certain positions not to practice 65 
 
 Solicitors' costs, recovery of 65 
 
 Taxation on application of debtor 65 
 
 Solicitor may apply therefor 66 
 
 When such application need not be made 66 
 
 Costs of application when parties neglect to attend 66 
 
 When one-sixth off 66 
 
 Order for reference to direct taxation 66 
 
 Officer may certify special circumstances 66 
 
 Appendix " M " of Rules of Court not to apply 67 
 
 When reference is made under special circumstances Judge may give 
 
 special directions 67 
 
 Judge may order delivery of bill 67 
 
 Proof of compliance with Act 67 
 
 If party about to leave Province, Solicitor may sue 67 
 
 When person not chargeable may apply 68 
 
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 
 
 Sunday 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' Oaths 73 
 
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