CHAPTER 51. An Ordinance respecting the Legal Profession and the THE THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE.. 1. This Ordinance may be cited as "The Legal Profession Short title Ordinance." No. 21 of 1898, s. 1. INCORPORATION OF LAW SOCIETY. 2. "The Law Society of the North-West Territories" shall Incorporation continue to be incorporated under that name and style and by that name shall have perpetual succession and may sue and be sued in any court and have and use a common seal and be capable by law to make and receive all deeds, conveyances, assignments and contracts necessary to carry into effect the provisions of this Ordinance and to promote the objects and designs of the said corporation. No. 21 of 1898, s. 2. MEMBERSHIP. 3. The following persons shall compose and be the members Members of the said corporation that is to say: All persons who on the fifteenth day of January 1899, were enrolled as advocates of the Territories under any Ordinance in that behalf and all others who have since that date or who shall hereafter become entitled to practise as such advocates. No. 21 of 1898, s. 2. ROLL OF ADVOCATES. advocates 4. The roll of advocates under the Ordinances respecting the Roll of legal profession in force prior to the fifteenth day of January 1899 with the addition thereto of the names of such persons who have since or who may hereafter become members of the society shall constitute the roll of membership of the society and such roll shall be kept in the custody of the secretary. No. 21 of 1898, s. 31. ADMISSION OF ADVOCATES. entitled to 5. In addition to the persons already enrolled as advocates Persons as aforesaid the following persons and no others shall be ad- practise and mitted to act as advocates in the Territories and to practise at be enrolled the bar in the Supreme or any other court of civil jurisdiction in the Territories or to advise for fee or reward in matters pertaining to the law or sue out any writ or process or commence, carry on, solicit or defend any action or proceeding in any such court; 1. Any British subject of the age of twenty-one years who, having been entered and admitted as a student of law in the law society of the Territories has been standing on the books thereof for five consecutive years or for three consecutive years if a graduate in arts or law of a recognised university in the United Kingdom or in Canada or a graduate of the Royal Military College of Canada, has conformed himself to the rules of the said society and been enrolled as a member thereof: Provided always that any student of law or clerk under articles under any Ordinance respecting the legal profession whose articles were duly entered into prior to the fifteenth day. of September, 1898, shall on application be entered and admitted to the law society of the Territories as a student of law under articles and upon completing the term of his service as prescribed by the Ordinance under which he was articled and otherwise conforming to the rules of the law society shall be admitted to practise as an advocate: Provided further that the law society shall not require any such student or clerk mentioned in the next preceding proviso to pass any further examination or produce any evidence of further educational attainment or pay any greater fees than he would have been required to pass, produce or pay under Ordinance No. 9 of 1895. 2. Any person who has been duly called to the bar of England, Scotland, Ireland or any of the provinces of Canada or who has been admitted to practise as an attorney, advocate or solicitor in any of Her Majesty's superior courts of law therein who produces sufficient evidence of such call or admission and testimonials of good character and of good standing in the law society of the country or province of which he is a barrister, attorney, advocate or solicitor to the satisfaction of the benchers of the law society of the Territories and who having complied with such rules as the law society of the Territories or the benchers thereof may make under the provisions of this Ordinance has been enrolled as a member of the said law society of the Territories: Provided that if an advocate of the Territories on applying for call or admission as a barrister, solicitor, advocate or attorney in England, Scotland, Ireland or any such province would or might be required to pass any examination before such call or admission it shall be competent for the law society of the Territories or the benchers thereof to impose a like requirement on the application of any person from such country or province for admission as an advocate of the Territories: Provided further that if an advocate of the Territories on applying for call or admission as in the preceding proviso mentioned would be required to reside in or serve under articles in any such country or province for any certain period before call or admission the law society of the Territories may require prior residence or service in the Territories for the like period on the part of any person from such country or province applying for admission as an advocate. No. 28 of 1898, s. 3. ADVOCATE'S OATH. 6. Every person before being admitted as an advocate shall Advocate's make and subscribe the oath or affirmation following: I, A.B., do solemnly swear (or affirm) that I will well and truly and honestly demean myself as an advocate in the NorthWest Territories according to the best of my knowledge, skill and ability. So help me God. No. 21 of 1898, s. 4. VISITORS OF SOCIETY. oath 7. The judges of the Supreme Court of the North-West Visitors Territories shall be visitors of the society. No. 21 of 1898, s. 5. BENCHERS. 8. The said society shall be governed by the benchers thereof Benchers who (exclusive of ex officio members) shall consist of nine of the members of the society at least one of whom shall be chosen from the eligible persons resident in each judicial district of the Territories. No. 21 of 1898, s. 6. benchers 9. The Attorney General of Canada for the time being, the Ex officio Attorney General of the Territories for the time being and all advocates of the Territories who have at any time held the office of attorney general of the Territories and any retired judge of the Supreme Court shall respectively ex officio be benchers of the society. No. 21 of 1898, s. 7. 10. The elected benchers shall hold office for one year or Term of office until their successors are elected. Provided that the benchers elected at the first election shall hold office until their successors are elected at the election to be held in 1899. No. 21 of 1898, ss. 6, 8. , 11. The election of benchers shall take place annually on Election of the first Monday in November in each year. No. 21 of 1898, s. 8. benchers of voters 12. Each duly enrolled advocate of the Territories resident Qualification therein and not otherwise ineligible may at an election of benchers vote for nine persons one of whom at least shall be chosen from the members in each judicial district respectively. No. 21 of 1898, s. 10. to be 13. At least six weeks prior to the holding of the election List of voters the secretary shall make out a list of the advocates who are published entitled to vote at such election and a copy of such list shall be transmitted by post by the secretary to each clerk and deputy clerk of the Supreme Court and such clerk or deputy clerk shall forthwith on the receipt thereof post such list in a conspicuous place in his office. No. 21 of 1898, s. 11. Correction of list Voters must be on list Void votes Qualification of benchers Retiring benchers eligible Voter must have paid fees Manner of voting Counting votes Persons to be declared elected Equality of votes 14. In case any advocate complains to the secretary at least one month before the election, of the improper omission or insertion of any name on the list it shall be the duty of the secretary forthwith to examine into the complaint and rectify such error if any there be; and in case any person is dissatisfied with the decision of the secretary he may within one week thereafter appeal to a judge of the Supreme Court who shall summarily try and decide the questions involved and the list shall remain or be altered in accordance with the decision of the judge. No. 21 of 1898, s. 12. 15. No person whose name is not inserted in the said list shall be entitled to vote at such election. No. 21 of 1898, s. 13. 16. In the event of any elector placing more names on his voting paper it shall not be counted. 1898, s. 14. than nine No. 21 of 17. No person shall be eligible as a bencher at any election who is not an advocate and qualified to vote at such election. No. 21 of 1898, s. 15. 18. At all elections retiring benchers shall be eligible for re-election. No. 21 of 1898, s. 16. 19. No person shall be entitled to vote unless all his fees to the society have been paid. No. 21 of 1898, s. 17. 20. The votes at each election shall be given by closed voting papers in form A in the schedule to this Ordinance (or to the like effect) being mailed by registered post to the secretary or delivered to him at his office so as to be in his hands on the day of election before the hour prescribed for opening the voting papers. No. 21 of 1898, s. 18. 21. The said voting papers shall at the hour of eleven o'clock in the forenoon on the day of election be opened by the secretary in the presence of any of the persons entitled to vote. who may attend; and the secretary shall then scrutinise and count the votes and keep a record thereof. No. 21 of 1898, s. 19. 22. The following members shall be declared by the secretary to be elected benchers: 1. The member receiving the highest number of the votes cast for the members residing in the judicial district wherein he resides. 2. Such of the persons, not included in the above, receiving the highest number of the total votes cast at the election as may be necessary to complete the number of benchers to be elected. No. 21 of 1898, s. 20. 23. In case of an equality of votes persons which leaves the election of between two or more one or more of such benchers undecided then the secretary shall forthwith put into a ballot box a number of papers equal to the number of the candidates who have an equality of votes, the said papers each having the name of a candidate written thereon being one paper for each candidate. The papers shall be so folded that the name thereon shall be inside and not distinguishable without the papers being opened. The papers shall be mixed together in the box and the secretary shall draw by chance from such ballot box in presence of such persons as may be present 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. No. 21 of 1898, s. 21. election 24. The secretary shall forthwith after the election notify Notice of the benchers elect of their election and cause the names to be published in the gazette. No. 21 of 1898, s. 22. 25. The benchers may make such regulations as they con- Rules for sider expedient not contrary to the provisions of this Ordinance elections for regulating the procedure as to election of benchers. No. 21 of 1898, s. 23. 26. The voting papers belonging to any election shall not Voting papers be destroyed until after all petitions in respect to such election to be preserved have been decided but the same shall together with all other papers in connection with the election be retained by the secretary. No. 21 of 1898, s. 24. elections 27. In the event of any dispute as to the election of Disputed benchers the same may be decided in a summary way by any judge of the Supreme Court upon petition presented within ten days from the declaration of the result. The decision of the judge shall be final and the costs of the petition shall be in his discretion. The judge shall in and about such petition. have the like powers as in an ordinary cause in the Supreme Court. No. 21 of 1898, s. 25. 28. No person shall sign the name of any other person to False voting any voting paper under this Ordinance or alter or add to 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. No. 21 of 1898, s. 26. secretary 29. In the event of there being no secretary (for the time Provision for being) of the law society at the time at which any election absence of under this Ordinance is to be held or in the event of such secretary being unable from illness or other unavoidable cause to act at such election then and in such case the president for the time being of the law society and if there be no president then the attorney general of the Territories shall appoint under his hand some other person to act as such secretary; and such person so appointed shall perform all duties of such secretary as prescribed by this Ordinance. No. 21 of 1898, s. 27. |