1 K 50 1 C17C17 A ■ ■— ■ At CO \ 0! — JJ Of — 33 5 \ 6 i ^=^= ^ 9 \ 5 [ > 6 1 0| == O ^.»-- T - -.^f ll- --^i t"^ Cape of Good Hope Parliament House Select Committee on the Law Society Bill Report »*■ I THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES CAPE OF MOD HOPE. REPORT OF THE ECT COMMITTEE APPOINTED TO CONSIDER AND REPORT ON THE ."W^ SOGIET^X^ BILL, 1883. Ordered by the House of Assembly to be printed. AUGUST. 1883. CAPE TOWN: SOLOMON & Co., STEAM PRINTING OFFICE. 1883. ^83. Select Committee on Law Society Bill, CAPE OF eOOD HOPE. REPORT OF THE SELECJ^ COMMITTEE APPOINTED TO CONSIDER AND REPORT ON THE Xj^atw sooiet-x" bill, 1883. Ordered hy the House of Assembly to be printed. AUGUST, 1883, CAPE TOWN: SAUL SOLOMON & Co., STEAM PRINTING OFFICE. 1883. A. 29— '83. Select Committee on Law Society Bill. Ill K REPOET OF THE SELECT COMMITTEE ON THE LAW SOCIETY BILL, appointed by Order of the House, dated 2Ist August, 1883 ; cousisting of the Colonial Secretary, the Attorney-General, with Messrs. Reitz, Bradfield, Du Preez, and Upington. Your Committee have to report that they have taken evidence in proof of the Preamble of the Bill, and have gone through the various Clauses of the Bill, and made amendment therein ; and in accordance with the instructions of the House, have introduced new Clauses making provision for affiliating the Eastern Districts Law Society and other similar vSocieties. THOMAS UPINGTON, Chairman. Committee-rooms, House of Assembly, 29th August, 1883. 1367289 SCHEDULE OF AMENDMENTS. Clause II: To insert after the word *♦ members, " iu line 2, " exclusive of such ex officio members as are hereinafter provided for." The foUoAving to be a new Clau-e XXfll : — XXIII. The President of the *' Eastern Districts Law Society," and of any other Law Society now established, or here- after to be established within this Colony, under similar Articles of Association, shall, ex officio, be a Member of the Council of the said Society by this Act established. The following "to be a new Clause XXIV : — XXIV. Nothing in this Act contained shall be taken to aflfect the constitution and object of the " Eastern Districts Law Society" as now established, or the constitution and object of a-.y other Law Society to be hereafter established within this ( olony, under similar Articles of Association. Vll PROCEEDO&S OE COMMITTEE. Proceedings of the Select Committee on the Law Society Bill, appointefl by order of the House, dated 21st August, 1883, consistmo^ of the Colonial J^ecretary, the Attorney-General, with Messrs. Reitz, Bradfield, Du Preez, and U|nngton. Wednesdai/y 29th August, 1883. PRESENT Mr. Upington, „ Bradfield, Mr. Du Preez, )f Reitz. Clerk read the order of the House, dated 2l3t August, 1883> appointing this Committee. Resolved,— That Mr. Upington be Chairman of this Com- mittee. Clerk read order of the House, dated 28th August,- That it be an instruction to the Select Committee on the Bill for establishing an Incorporated Law Society to make provision for preserving intact the already existing " Eastern Districts L iw Society," either by making the same a Branch of the propus d Incori orated Society, or by providing thit the said Eastern Ditricts Law Society m jy, by legal resolution, became affiliated therewith, under and subject to its Articles of AssociaUon, adopted at Graham's Town, on the 15th Ja'uiary, 1883. 'llie Ch .u-man put in the Articles of Association of the Eastern Districts Law Society. Preamble read. Committee in deliberation. Resolved, — To examine Mr. C. H. B. Leonard. Mr. Charles Henry Brandt Leonard, Attorney-at-Law, ex- amined. i he Chairman put the question: — That the Preamble has been proved. Agreed to. The Chairman read the several clauses of the Bill. Clause One, agreed to. On clause Two, The Chairman moved r — To insert after the word "members," in line 2, " exclusive of such ex officio members as are hereinnfter provided for." Agreed to. • • » Vlll PROCEEDINGS OF COMMITTEE. ( lause as amended agreed to. Clauses Three to Twenty-two agreed to. The C hairman moved that the following be new clauses of the Bill : — XXIIl. — The President of the " Eastern Districts Law Society," and of any other Law Society now established, or h tre- after to be estabhshed within this Colony, under similar Articles of As.^ociation, shall, ex officio, he a Member of the Council of the said Society by this Act established. XXIV. — ^Nothing in this Act contained shall be taken to aifect the constitution and object of the " Eastern Districts Law Society" as now established, or the constitution and object of any other Law S jciety to be hereafter established witliin this Colony under similar Ai tides of Association. Clause Twenty-three agreed to. Preamble agreed to. The Chairman submitted the Memorandum re Incorporated Law Society, forwarded by Mr. Leonard, in accordance with Iris evidence. (Vide Appendix.) I'lesolved :~That the Chairman be instructed to report the Bill with amendments. MINUTES OF EVIDENCE. COIIITTEE 01 LAW SOCIETY BILL. Wed7iesday^ 29th August^ 1883. Mr. Rradfield, Reitz. PRESENT : Mr. Upington, Chairman. Mr. Du Preez. 7? Mr. Charles Henry Brandt Leonard^ Attorney-at-Law, Mr. c. n. b. examined. Leonard. 1. i.Jiairman.\ You are an Attorney oi the feupreme Court, Mr. Leonard, practising in Cape Town? — I am. 2 You are aware of the proposal to estabh'sh an Incorporated Law Society for the Colony of the Cape of Good Hope ?— Yes. I may state that I am the Secretary appointed by the members of the Side Bar in Cape Town for the purpose of promoting this Bill. 3. Is it deemed desirable by the members of the profession practising in the Supreme Court that such a measure as this should pass?— Yes. 4. Have you prepared any memorandum showing the reasons why such a measure should pass into law ? — I have, but unfortunately I have not got it here. The print is not quite completed. I believed it would be ready this morning. 5. Will you hand it in afte; wards? — If I may be allowed to do so, I will. 6. In the opinion of the members of the legal profes- sion, practising in the Supreme Court, is there a neces- sity for correct and uniform practice and discipline amongst the members of the profession of attorneys and notaries in this colony ? — There is. ^ MINUTES OF EVIDENCE TAKEN BEFORE THE Ur.c.H.B. 7. Is there at the present thne any machinery for Leonard. • ■, , ^ -, .,-. *,. iT — sccurnig such correct and unilorm practice and dis- Aug. 29. 1883. cipline ?— No. 8. Is there any superintendence over the professional training, studies, and examinations of persons desirous of being admitted to practice in the legal profession other than those ihat are provided by the Act 12 of 1858, and the Rules of Court in connection therewith? — No, there is none, except of course such training as articled clerks get in their principals' offices. 9. You have no Society, then, established, incorporated or otherwise ? — No. There is a Society, or rather a voluntary association, in the Eastern Districts, of recent formation ; but there is none for the whole colony. 10. Is there any Law Library in Cape Town to which you have access ?— No, there is none whatever. There is. of course, a Law Library attached to the Supreme Court, but I believe we have no right of access to it. It would not meet the want which is now felt. 11. Within your own experience, have cases arisen in which the use of such a Society as it is proposed to establish would be of importance ? — There have. 12. I believe that at present the only tribunal to which any appeal can be made in cases of misconduct or .of unprofessional conduct, is the Supreme Court? — That is so. 1 may state that the Supreme Court itself has expressed its view that such a Law Society as is now contemplated should be formed. 13. Have you made yourself acquainted with the character of the Incorporated Law Society in England ? — Yes, fairly well. 14. Does this measure proceed upon the hues of that? — Yes, as much as possible under the different circum- stances of the country. 15. Is it your opinion that there should be one Central Society having power over the whole country ? — Deci- dedly. 16. Including Griqualand West? — Including all the territory of the colony, subject to the jurisdiction of the Supreme Court. 17. Would you, then, interfere with the action of any existing Law Society with regard to its own internal SELECT COMMITTEE ON THE LAW SOCIETY BILL. 3 affairs ? — No, there is not the sh'ghtest desire to do so. Mr. c. //. b. I think the Bill would show that there is nothing con- ^^ ' templated to interfere with any other society. '^"S- -^' ^^^^• 18. Ihen, as I understand yuu, you consider it emi- nently desirable that all matters relating to discipline, professional training, ndmission to the profession, and the general conduct of the affairs of the professions of attorneys and notaries should be committed to one general body? — I am most decidedly of opinion that it should be so in order to secure uniformity of practice throughout the Colony. 19. Do you think that making the Council, or the Executive of such a Society, representative by placing the names of gentlemen connected with various portions of the colony upon it would meet every difficulty ? — I would suggest, and I know this is the view of all the members of the Side Bar with whom I have had an opportunity of communicating, that there should be an election of the Council by the members of the Society generally, and that they should not be delegates from any other Society. 20. Have you read the instruction to the Committee providing, or rather directing, that provision bo made lor preserving intact the existing " Eastern Districts Law Society," either by making the same a branch of this "Incorporated Law Society," or by providing that the " Eastern Districts Law Society" be affiliated there- with, under the Articles of Association ? — Well, I think it is objectionable to make it a branch of the "Incorpo- rated Law Society," because that would at once split the Societ}^ The members of the *' Eastern Districts Society " may become members of the Incorporated Law Society if they wish it, 21. Would affiliation be open to the same objection? — I see no objection to it. There is nothing in the Bill at present to affect the " Eastern Districts Law Society's'' existence at all, nor is it desired to affect the existence of the Society. They are a voluntary association, as they can carry on their local work without being affected by the Society at all. I may state that the English Charter deals with that. The Incorporated Charter, by virtue of which the Society in England still 4 MINUTES OF EVIDENC'K TAKEN BEFORE THE Ur.c.n.B. exists, constitutes one indivisible Society. That Charter Leonard, was granted in 1845 There are numerous local provin- Aug. 29, 1883. ciul societics, which would stand on the same footing ex- actly as the " Eastern Districts Law Society," which have for their object the control of purely losal matters affecting the profession; and by a Supplemental Charter, granted in 1863, it was provided that those local Law Provincial Societies should be represented on the Council of the " Incorporated Law Society," and a power was given to the Council to nominate a limited number of Presidents of this Society as extraordinary members thereof. I would refer you to an extract from the Sup - p] omental Charter, which is as follows : — "And whereas it has been represented to us that the number of mem- bers of the Society has greatly increased since the date of the last recited Charter, and that a larger amount of business than heretofore has devolved on the Council of the Society, and that it would be expedient that power should be conferred upon the Society to increase the number of the members of the Council, and that it would be also expedient, and would extend the usefulness of the Society, if power were con- ferred on the Council to nominate a limited number of Presidents of other Law Societies, established in the United Kingdom for like purposes, to represent such other Societies on the Council as extraordinary members thereof." 22. Would you then give a similar power to the " Licorporated Law Society " proposed to bs established in this Colony ; that is to say, would you propose to give them the power to nominate on their Council members of the " Eastern Districts Law Society," or would you throw the elections open? — I would have the elections of the Council open, but I would add to this Bill a provision, if it is desired, that the Presidents of any local Society, such as the " Eastern Districts Law Society," might be nominated as extraordinary members of the Council, ex officio. 23. Would it not be desirable to make the provisions of this Bill applicable to proctors? — There would be no harm in doing it ; but as a matter of fact all the proctors are at the same time attorneys in this colony. SELECT COMMITTEE ON THE LAW SOCIETY BILL. 5 24. Mr. Du Preez,'] How far would it be convenient Mr. c. s. b. T J to make it applicable to conveyancers ? — The question "!!!'' ' was discussed at meetings of the Side Bar, and it was -^"s- 29, i883. considered desirable not to include them in the Society. Conveyancers can be admitted as conveyancers by merely undergoing a certain legal examination, and there are many matters affecting the professions of attorneys and notaries as to which it would not be de- sirable to let conveyancers as such alone have a voice. That was the feeling expressed, and that is my own opinion. 25. They are also admitted by the Court under the same Act ? — They are admitted by the Court, but there are examinations which conveyancers do not have to pass which attorneys and notaries must pass, and it would be undesirable to allow conveyancers to have a voice in such matters. To give them a voice in matters in which they have no interest would be dangerous. 26. Of course they have not the full professional training of a notary ? — No, they have not. I know of many men, who are conveyancers, who have little knowledge of matters of law, who have served no train- ing, but still are competent to draw conveyances. The object of this Bill is to incorporate a Society of profes- sional men having a certain legal status, and having a vital interest in the regulation of such matters as the examination, training, and personal qualifications of members who may be hereafter desirous of being admitted into the profession, as well as the practice of members already admitted. 27. My object, of course, was to subject the convey- ancers to some strict line, as barristers are ? — Yes, but I think it would be scarcely within the scope of this measure to introduce that. At present we want to con- stitute a Society. 28. Why I mentioned it was because the same Act provide s for the admission of attorneys and convey- ancers, and the Court always acted upon it ; only they are not subject to the examinations which attorneys and notaries are subjected to? — There is a clause in this Bill which provides for increased stringency with regard to admission of professional men — attorneys and 6 MINUTES OF EVIDENCE TAKEN BEFORE THE Ur.c.n.B. notaries. It might be desirable to icsert an additional eonar . pj-Qyigion that examinations should be of a stricter Aug. 29, 1883. character. In fact, I am of opinion that the examination is too lax altogether, and not sufficient for conveyancers. 29. Chairman.'] Will you kindly hand in the memo- randum vt^hich you have prepared at the e rliest oppor- tunity ? — I will, if I may bo allowed to put it in aa evidence. I may state that it is a very full memorandum, in which I argue the case. It was drawn by myself, and contains all my views. 30. Mr. Bradjield .'] If the provision which this Com- mittee is directed to make by the instruction which has been read is passed into law, do you think it will be open to objection '? — I do, for the reason I have already stated. The furthest that I will go with regard to that resolution is that the " Eastern Districts Law Society " should be affiliated to the proposed Incorporated Law Society by the nomination of its President upon the Council, but I think it would be very undesirable to force the " Incorporated Law Society," which it is now proposed to form, to accept the rules of the Society already in existence, in the formation of which they had no say whatever, and which rules might be found to be unsuitable for the entire body of the profession through- out the Colony. Uniformity is also of the very highest importance, as I have stated in my memorandum. It must be clearly understood we do not propose to intefere with the " Eastern Districts Law Society." 31. There is no resolution to admit the President? — No. I have looked at the memorandum. I cannot see any objection. As a matter of fact it is quite competent for members of the profession resident in wLatever part of this colony to be elected members of the Council. In addition to this I see no particular objection to the President, ex officio., of any local Law Society being members. 32. It will then be necessary to add a clause to this Bill giving those extended powers ? — Yes, it might be done in the form in wJiich it is done in the Siipplemc ntal Charter in England. I may state that the object of the promoters is to have one general Inccrporated Law Society for the whole Colony, not being restricted to SELECT COMMITTEE ON THE LAW SOCIETY BILL. 7 any local views, or having any local objects ; and so f^ir Mr. c. h.b. as the Bill is concerned there may be any number of ^^ ' local associations, ^nch as the "Eastern Districts Law ^''°- "^' ^^^^• Society." Indeed such societies would be very desi- rable ; but of course no such society should be allowed to interfere with the powers given to the proposed in- corporated body, except by such voice as their local President would have upon the Council, and the general representation which would result from an election of the members throughout the Colony. MEMORANDUM RE INCORPORATED LAW SOCIETY. As a petition has been presented to the Honourable House of Assembly in opposition to the Bill to estab- lish an Incorporated Law Society, and as there may be some advantage in publishing a few facts which may be useful in forming an opinion on the merits of the pro- posed Bill, it has been decided to^ commit these remarks to paper. In the year 1825 a number of English Solicitors formed themselves into an Association for the purpose of promoting the interests of the profession, and _ after having been in existence for six years the Association obtained a Royal Charter, conferring certain rights and privileges. In the year 1845 the Charter was surrendered, and a new Charter granted under which a Society of Attorneys, Solicitors, and Proctors of the United Kingdom were declared a body corporate. As the Society of Attorneys, &c., of the United King- dom still exists by virtue of this Charter, it has been deemed advisable to append the said Charter hereto, marked A, for the information of those whom it may interest. In 1863, the number of Members having greatly increased, and the amount of business also being much larger than in 1845, it was deemed advisable to increase the number of Members of the Council, and it was thought expedient at the same time to confer the power to nominate a limited number of Presidents of other Law Societies to represent such other Societies on the Council as extraordinary Members thereof Accordingly a supplemental Charter was granted — which is annexed, marked B. These two Charters, together with the bye- laws and rules framed by virtue thereof, constitute iliQ legal machinery which regulates the large and useful body known as the " Incorporated Law Society." From the results attained, and the fact that no further B alterations have been made, while the Society^ has been steadily growing in nsefulness, there are two inferences to be drawn, viz. : (1) That its Constitution rvas wisely framed^ and (2) That that Constitution cannot he improved upon. Let lis now see how this bears upon the subject in hand. The Bill to establish an Incorporated Law Society for this Colony was framed, as nearly as pos- sible, upon the basis of the English Charter, it being felt that nothing would be wiser than to adopt the principles which in England have been found to work so well. The Draft Bill was sent to all the Colonial Practitioners, with a circular letter asking for suggestions. Of those who answered two or three Attorneys in the Eastern Province were hotly opposed to the Bill in the form in which it stood. An Association of the Attorneys in the Eastern Province had been formed under the title of the " Eastern Districts Law Society." This Society is a purely voluntary Association, having no legal status, and was formed strictly with the view of associating those Members of the profession who practise within the jurisdiction of the Eastern Districts Court. Clearly, therefore — admitting the laudableness of its objects — it could not, seeing that it was professedly limited, formed without reference to Members of the Side Bar resident elsewhere than in the Eastern Districts, and not sanctioned by Parliament, satisfy the wants of the pro- fession as a whole. It may be mentioned that the present Bill was comtemplated before the formation of the Eastern Districts Law Society, but various untoward circumstances prevented it from being brought forward sooner. Now the objection raised by certain Members of the Eastern Districts Law Society has culminated in their opposing the passage of the Bill in Parliament, and we propose to examine the nature of their objections very briefly. The first cry raised was that, if the present Bill became law it would crush the Eastern Districts Law Society out of existence. If challenged to substantiate this the objectors would find that it is easier to assert than to prove. The promoters of the present Bill would be sorry indeed to do anytliing which might have the effect of injuring what may prove a very useful body if it is properly maintained, but they have only to point to the Provincial Law Societies which exist side by side with the Incorporated Society in England, all performing their respective functions without any clashing, to show that the objection is unfounded, and it is hoped that the same harmony will eventually prevail in this Colony. Objection has been made to the formation of a Law Library at Cape Town, and, while pointing out that if a Library is to be formed anywhere in connection with the Society, Cape Town has greater claims as the metropolis than any other town in the Colony, and owing to the number of Law Students being larger here than elsewhere a greater number would derive benefit if it were here than in any other place, it must be admitted that there is apparently some force in the objection that the general funds of the Society should not be devoted to this purpose. Here again, however, we have the example of the Law Library in London, and, if the principle of the objection is to be faithfully adhered to, it will result in local jealousy, depriving the Society of the means of educating the Lawyers of the future by means of a judiciously selected collection of legal books — a thing badly wanted now — because each town would object to the Librar}^ being in any other toAvn, and the result would be it would be nowhere. Li the public interest, it is highly desirable that in one or more places there should be established a Law Library and a system of Law Lectures. The next objection is the one to which the most strenuous opposition is offered by the promoters of the Bill. The Members of the Eastern Districts Law Societ}^ assuming apparently that their Association cannot con- tinue to exist, and fearful of being merged in one large Society which will serve for the whole Colony, propose that the Incorporated Law Societ}^ should be divided info three branches, one for the Western Province, one for the Eastern Province, and one for Griqualand West, each branch to have the power to frame its own bye-laws, appoint its own officers, administer its own propert}?-, and manage its own affairs generally. It is proposed to b2 send Delegates from the Councils of these branches to form a Central Council. It may here be remarked that this proposal emanates solely from the Eastern Districts Law Society, and that so far from wishing to form a separate branch, the Griqualand West Practitioners, so far as it has been possible to learn their views, desire to be incorporated in the manner proposed by the Bill now before the House. The promoters of the Bill feel that to form prac- tically three Societies would be to lessen the power for good which it is hoped may result from incorporating one strong Society, such as exists in England, for the purpose of promoting and maintaining correct and uniform discipline, and legal learning. It must be borne in mind that the immber of lawyers in the Colony is limited, and if they are cut up into too many " branches," the result will be the same as is seen when a stream of water is divided into several parts. Before division the stream caused fertility and mcreased production. After division it is useful to none, and is simply wasted. The old story about the bundle of sticks should not be forgotten. A lack of cohesion, a diversity of interest, the fact that the separate bodies might frequently come to different conclusions on the same subject, and the absence of the great desidpratum, viz., that all matters affecting the jDrofession generally should be controlled by one body, would be fatal to the infant Society. If such branches were to be formed, and had the power to make their own bye-laws, the evil result would soon be apparent, for instead of having one set of rules to regulate the conduct of all the Members of the profes- sion throughout the Colony^ there might be different rules framed by each branch, and all uniformity in practice and discipline — one of the first objects in view — would be sacrificed. It is of the utmost importance that all questions, for instance, about malpractice, striking off the rolls, &c., should be dealt with by one body of men, a Council elected by the general voice of all the Members of the profession — not delegates. And it is deemed desirable that here, as in England, that Council should have the government of the whole Society and all its affairs. The powers, too, with reference to the suspension, &c., of Members are of such a nature that it would be safer • to conline them to one body than to vest them in several bodies. In England, as will be seen from the Charters, the Societii is one and indwisible ; yet it carries on its good work for the benefit of the whole Kingdom, and it is hoped that the Society will be and do so here. But the objection is raised that this will make the Society a " Cape Town affair." If this were so, and if there were any desire to confine the beneficial operation of the Act to the metro- polis, there would be some reason in the cry. But do the provisions of the Act justify the objections ? The answer is unhesitatingly, No. The provisions of the Act are general, and if it comes into operation it is hoped that they will take effect for the general good. Is it supposed that Cape Town alone desires to see lawyers well educated, thoroughly trained, strictly observant of the rules of honour in the practice of their j^rofession, and jealous in maintaining a high professional tone ? Surely it were a poor compliment to the rest of the Colony to assert this, and such an assertion would be contradicted by the endeavours which are now being made to get uniform benefits extended to all jDarts of the country alike. The only provision in the Bill which refers to Cape Town is that about the Library and the one that the annual general meeting should be held in Cape Town. It will be admitted that the records of the Societ}^ must be kept somewhere, and Cape Town surely has at least as much claim as any other place to be the repositor}^ of those records. For this reason it was thought that the annual meeting might be held here. If, however, this was felt to be a grievance, owing to geographical difficulties, it might be provided that the annual meeting should be held alternately here and in other parts of the Colon3\ To meet the difficulty about all other meetings, the provision at the end of Clause XII of the Bill was in- serted, that meetings shall be held wherever the majority ■present at meetings held^ inter alia^ for the purpose of determining the pointy after due notice^ shall decide. At all such meetings absent members may vote hy proxy — so that the votes of the majority can always dictate where meetings shall be held. This system is adopted by the Eastern Districts Law Society. Surely this is . suiiicient to prove that the fear that the Society will be restricted in its operations is unfounded. With reference to the petition presented in opposition to the Bill it has already been pointed out that it is wrong in assuming that what the petitioners propose would be an " assimilation of our system to that of the Incorporated Law Society in England with its affiliated local societies." The Charters A. and B. show conclu- sively that it would be nothing of the sort. And it may fairly be said that the experience of the working of the English Society should not be considered useless as compared to the experience gained during the brief ex- istence of the Eastern Districts Law Society. It is clearly recognised that the professional men forming that Society are an important body, and are entitled to have their wishes recognised in this matter. At the same time it cannot be admitted that the majority of the practitioners in this Colony reside in the Eastern Districts. Figures show that this assertion is inaccurate. But assuming that they did, under the Bill their numbers would enable them to direct the working of the Society — majority prevailing. With regard to the fear expressed that if the proposed Bill passes, few if any practitioners in the Eastern Dis- tricts would join the Society, it can only be said that membership of the Society will clearly be voluntary, and if men choose to exclude themselves from the benefits anticipated from the incorporation of the Society, they wdll have themselves to blame. Of course, malpractice, would be checked whether the persons guilty were Mem- bers or not. The fear, however, is only a fear ; and it is predicted that as soon as the measure shall have be- come law, all will join hand in hand, and combine to further the common objects set forth in the preamble of the Bill ' [ A. 1 CHARTER. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, To all to whom these presents shall come, greet- ing. Whereas our Royal predecessor King William the Recital of for- Fourth, late King of England, by his Letters Patent °'''' ^^"'■'"■• under the Great Seal of Great Britain and Ireland, bearing date at Westminster the twenty-second day of December, in the Second Year of his Reign, did grant, constitute, declare, and appoint that Thomas Addington, Jonathan Brundrett, George Frere,' and William Tooke, and all such other persons being Attorneys, Solicitors, or Proctors practising within the United Kingdom of Great Britain and Ireland, or Writers to the Signet, or Writers in the Courts of Justice in that part of the United Kingdom called Scotland, or being persons who had practised as Attorneys, Solicitors, or Proctors within the United Kingdom, or as Writers to the Signet, or Writers in the Courts of Justice in Scotland, and should have voluntarily retired from such practice, as then were or should thereafter become qualified as thereinafter mentioned, should be, and be called, one body politic and corporate, in deed and in law, by the name and style of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom ;' and them by the name of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' did make, erect, ordain, and consti- tute, establish, confirm, and declare to be one body politic and corporate, in deed and in law, for ever ; and did grant to the Society thereby incorporated divers powers, liberties, and privileges in the same Letters Patent mentioned. And whereas it hath been repre- sented to us that it is expedient that the constitution of 8 the Society should be so modified, as that the Members thereof should not possess any individual right of pro- perty in its capital or possessions, rents or income, but that the whole capital and possessions, and the rents and income thereof, should be applicable to the general purposes of the Society in promoting professional im- provement, and facilitating the acquisition of legal knowledge : And whereas by a deed or writing under the Common Seal of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' bearing date the 22nd day of February, in the Eighth Year of our Reign, and enrolled of Record in our High Court of Chancery, on the 24th day of February, in the said Eighth Year of our Reign, the Society have surrendered into our hands the Charter of Incorporation, so granted them by our Royal prede- cessor. King William the Fourth, on the 22nd day of December, in the Second Year of his Reign: And whereas our trusty and well-beloved Edward Foss and Michael Clayton, two members of the Society, have by their Petition humbly besought us to grant to them and to the several other persons who were Members of the Society at the time when their Charter of Incorporation was surrendered into oiu' hands, and to such other persons as shall be appointed and elected Members of the Society, as hereinafter mentioned, our Royal Charter of Incorporation for the better carr3ang into effect the pro- fessional purposes for which the Society was originally constituted. The Society in- I- Now therefore know ye, that we being graciously corporated. pleascd to grant to the said Petitioners their said request, of our especial grace, certain knowledge, and mere motion, have willed, granted, constituted, declared, and appointed, and by these presents, for us, our heirs and successors, do will, grant, constitute, declare, and appoint that they the said Edward Foss and Michael Clayton, and the several other persons who were Members of the Society at the time when their Charter of Incorporation was surrendered into our hands, and all such other 'persons being Attorneys, Solicitors, or Proctors, practising within our United Kingdom of 9 Great Britain and Ireland, or Writers to the Sig-net, or Writers in our Courts of Justice in that part of our United Kingdom called Scotland, or being persons who shall have practised as Attorneys, Solicitors, or Proctors within our United Kingdom, or as Writers to the Signet, or Writers in our Courts of Justice in Scotland, and shall have voluntarily retired from such practice (not being Barristers) as shall from time to time be elected IMembers of the Society in the maimer hereinafter directed, and their respective successors, shall for ever hereafter be, and be called, one body politic and cor- porate, in deed and in law, by the name and stjde of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' and them by the name of and style of ' The Society of Attorneys, Name of the Solicitors, Proctors, and others not being Barristers, °''P*'''^^^°'^* practising in the Courts of Law and Equity of the United Kingdom,' we do, for us, our heirs and successors, make, erect, ordain, and constitute, establish, confirm, and declare, to be one body politic and corporate, in deed and in law, for ever. And we do, for us, our heirs and successors, grant and declare that by the name of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' they and their society may successors shall and may sue and be sued, plead and be f^l^ ^^^ ^^ impleaded, answer and be answered unto, defend and be defended, in whatsoever courts and places, and before any Judges, Justices, or Officers of us, our heirs and successors, in all and singular actions, pleas, suits, plaints, matters and demands, of what kind or quality soever they shall be, in the same manner and form, and as fully and amply, as any of our subjects of this our United Kindom of Great Britain and Ireland may or can do. II. And that they, ' The Society of Attorneys, May use a Solicitors, Proctors, and others not being Barristers, ^'^'^^^^ ^eai. practising in the Courts of Law and Equity of the United Kingdom,' shall and may have and use a Common Seal for the affairs and business of the Society ; and that it shall and may be lawful for the Society and their 10 Buccessors, the same Common Seal, from time to time, at their will and pleasure, to change, break, alter, or make new, as to them shall seem expedient. To ^^v^^^^PJ^; III. And we do for us, our heirs and successors, sion. grant and declare, that by the same name of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' they shall have per- petual succession, and at all times hereafter shall be May purchase able and Capable in law, notwithstanding the statutes of umited extent, mortmain, to purchase, acquire, have, take, hold, receive, and enjoy, to them and their successors, in perpetuity, or for any terms of lives or years, or other estate, any messuages, lands, tenements, rents, possessions, and hereditaments, of what nature or kind soever, the yearly value of which shall not exceed in the whole at any one time the sum of five thousand pounds, computing the same respectively at the rack-rent which might have been had or gotten for the same respectively, at the time of the purchase or acquisition thereof, and also all manner of goods, chattels, and things whatsoever, of what nature or value soever, which they may think requisite for the purposes of the said Society. And sell the IV. And also from time to time to sell, grant, same. dcmisc, excliauge, and dispose of, or mortgage, any of the same messuages, lands, tenements, rents, possessions, and hereditaments, wherein they shall have any estate or interest, or which they shall so acquire as aforesaid ; but that no sale, mortgage, incumbrance, or other dis- position of any messuages, lands, tenements, or heredita- ments belonging to the Society shall be made except with the approbation and concurrence of a General Meeting. Bodies Politic V. And wc do hereby, for us, our heirs and suc- and Corporate • i j_ • i t ,^ i , empowered to ccssors, give auQ grant special license, power, faculty, tSociSj-j&c*! ^^^ authority, to any person or persons, bodies politic and corporate, their heirs and successors, respectively, to give, grant, sell, alien, assign, dispose, or devise in mortmain, in perpetuity, or otherwise, to or to the use and benefit of, or in trust for, ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the 11 United Kingdom, and their successors, any messuages, lands, tenements, rents, and heriditaments, not exceed- ing (with tiie lands so purchased or previously acquired, and then held by the said Society) such yearly value as aforesaid. And also any sum or sums of money, goods, chattels, stocks in the public funds, securities for money, and other personal estate to be laid out and disposed of in the purchase of any lands, tenements, or hereditaments, not exceeding the like yearly value, for the purpose of the Society. VI. And we do further will and declare that, in Members reu- case any Member of the Society shall, in consequence bie^of practis- of the order of any Court of common Judicature, be co^,!!7for*^maU rendered incapable by reason of malpractice, or other practice to professional misconduct, of practising in our Courts of Members. Justice, or any of them, such person shall forthwith cease to be a Member of the Society. VII. And we do hereby grant and declare that the The number of number of Members of this Society shall be indefinite, thrsodety to and that the other persons who were members of the ^® I'^'^'^fi'iite- Society at the time when their Charter of Incorporation was surrendered into our hands, shall be the first Members of the Society. VIII. And we do further grant and declare that, for Society to be the better rule and government of the Society, and for PresWent/"^ the better direction and management of the concerns Jnrc?mcu,U' thereof, there shall be a Council of the Society, to be consist of not 1 If ir'i-RTi c ^ •! i^ore than thir- elected irom among such oi the Members oi the said ty, no* less Society as shall be Attorneys, Solicitors, or Proctors jiembei'J^'^^^ practising in England, and a President and a Vice- President of the Society to be elected from the Council, and that such Council, including the President and Vice- President, shall consist of not more than thirty, nor less than twenty members. IX. And we do further declare and appoint that the Names of the said Michael Clayton shall be the first President of the vlce-ptesident, Society, and Edward Rowland Pickering shall be the first ^^^ Council. Vice-President of the Society, and that the said IMichael Clayton and Edward Rowland Pickering, together with Samuel Amory, Benjamin Austen, Robert Riddell Bayley, Thomas Clarke, William Loxham Farrer, John Irving Glennie, John Swarbreck Gregory, Richard Harrison, 1^ Bryan Holme, Edward Lawford, William Lowe, Robert Wheatley Liimley, Thomas Metcalfe, John Lines Pocock, Charles Ranken, Charles Shadwell, John Teesdale, William Tooke, Richard White, Robert Whitmore, Edward Archer Wilde, and Thomas Wing shall be Members of the first Council until the first General Meeting of the Society for the election of the President, Vice-President, and the Council, shall be held in pur- suance of these presents. Council to elect X. And wc further will and declare, that the Members. Couucil of the Socicty shall have power, from time to time, at their Meetings, to be held at the times and places to be directed by the Bye-laws of the Society, to appoint and elect, in the manner to be directed by such Bye-laws, such persons as they shall think fit, being Attorneys, Solicitors, or Proctors practising within our United Kingdom of Great Britain and Ireland, or Writers to the Signet, or Writers in our Courts of Justice in that part of our United Kingdom called Scotland, or being persons who shall have practised as Attorneys, Solicitors, or Proctors, within our United Kingdom, or as Writers to the Signet, or as Writers in our Courts of Justice in Scotland, and shall have voluntarily retired from such practice (not being Barristers), to be Members of the Society. Powers of the ^^- And wc further will that, subject and without Council. prejudice to the powers hereinafter vested in the General Meetings of the Society, the Council shall have the sole and entire management of the Society and of the income and property thereof, for the uses, j)urposes, and benefit of the Society, and shall have the sole and exclusive right of nominating and appointing a Secretaiy, Librarian, and such other Officers, Clerks, Attendants, and Servants, as they ma}^ deem necessary or useful to the Society, and of removing them if they shall think fit, and shall ; prescribe their respective duties : And that it shall and may be lawful for the Council, or any five or more of them, to assemble and meet together when and as often as they shall think fit until the passing of the Bye-laws of the Society, and from and after the passing of such Bye-laws at such times and places as shall be directed by the said Bye-laws, and from time to time to do all 1.^ snch acts as shall appear to them, or the maiority of the Council then present, necessary or fitting to be done, in order to carry into full operation and effect the object and purposes of the Society, so always that the same be not inconsistent with or repugnant to the provisions of this our Charter, or any existing Bye-law, Ordinance, or Regulation made, ordered, or agreed upon at any General Meeting of the Members of the Society, or the Laws and Statutes of this our Realm. XII. And we do hereby further grant and declare General Meet- that at any General Meeting it shall and may be lawful bylS^^g,'"''*''^ for the Members of the Society, or such of them as shall be then present, to ordain and make such and so many bye-laws, rules, orders, and ordinances, as to them, or the major part of them, shall seem necessary, convenient, and proper for the regulation and good government of the Society, and of the Members and affairs thereof, and for fixing and determining the number of Members of which the Council shall consist, and the manner of elect- ing the President and Vice-President and other Members of the Council, and also the period of their continuance in ofiice, and the manner and time in which any vacancy in the office of President or Vice-President, or any vacancies in the Council, by death, resignation, dis- qualification, or otherwise, shall be supplied, and for regulating the. times and places at which meetings of the Council shall be held, and the- manner of appointing or admitting persons to be Members of the Society, and of removing or expelling Members from the Society, and fixing the conditions upon and the manner in which persons, being eligible to become Members of the Society, but not resident in England, may be admitted as sub- scribers to the Hall and Library and other rooms of the Society, or any of them or any part thereof, and the conditions upon and the manner in which Clerks serving under Articles, or who have served their Articles to Members of the Society, may be admitted to the said Library, and for convening ilie ordinary or any special Meetings of the Members, and generally for carrying the objects for which the Society is founded into full and complete effect, with reasonable penalties, fines, and with reason- amerciaments, to be contained in such bye-laws, on ^he ^''^'^ ^"'''^^'^' • 14 offenders, for non-performance of, or for disobedience to And alter bye- the Same ; and the said bye-laws, rules, orders, and ordinances, penalties, fines, and amerciaments, or any of them, from time to time to alter, change or annul, as the said General Meeting shall think requisite, and to mitigate the same, as they shall find cause, so as all and singular, such bye-laws, rules, orders, and ordinances, penalties, fines, and amerciaments, be reasonable and not repugnant and contrary to the Laws and Statutes of this our Realm. General Meet- XIII. And our w^ill and pleasurc is that a General ivifiin dx^ci^- Meeting of the Members of the Society shall be held eiidar months, within the space of six calendar months after the date of and an Annual , , \l o ±^ i • i i • • i i Meetingin the these preseuts lor the making and ordaining bye-laws, month of May. j-^^^gg^ ordors, and ordinances for the government of the Society ; and that an Annual Meeting shall thereafter be held in the month . of May in every year, or as soon thereafter as conveniently may be, for the election of the President, Vice-President, and the Council, and for other And other Gen- purposes of tlio Socicty ; and that other General Meet- arreqS'rnd i^ig^ ^^^7 ^® ^^^^ ^^^^^ *'"^® ^^ t"^^® ^^ occasiou shall directed. require, and as the bye-laws shall direct. At General XIV. And WO will that, at all General Meetings, the Meetings the President of the Society, if he shall be present, and if the vice-Presi- not, theii the Vico-Presideiit, and m the absence of the the cmindr, or President and the Vice-President, then some one of the Me^mbers tobe Mcmbcrs of the Couucil, to be chosen by the Council, chosen Chair- and in the absence of the President, Vice-President and all the Members of the Council, then some Member of the Society, to be chosen at the Meeting, shall preside as chairman. Charter to be XV. Aiid lastly, wc do by these presents, for us, our stmed"^ ^°" heirs and successors, grant unto the said Corporation hereby established, and their successors, that these our letters patent, or the enrolment or exemplification thereof, and shall be in and by all things good, firm, valid, sufficient, and effectual in the law, according to the intent and meaning thereof, and shall be taken, construed, and judged in the most favourable and beneficial sense for the best advantage of the said Corporation and their successors, as well in all our Courts of Record as else- where, by all and singular Judges, Justices, Officers, Ministers, and other subjects whatsoever of us, our heirs and successors, any non-recital, mis-recital, or any other omission, imjDerfection, defect, matter, cause, or thing whatsoever to the contrary thereof in anywise notwith- standing. In Witness whereof, We have caused these our Lettees to be made Patent. Witness ourself at our Palace at Westminster this Tiventy-SixtU day of February^ in the Eighth Year of our Reign By Wkit of Privy Seal. EDMUNDS. [ B ] SUPPLEMENTAL CHARTER. Victoria, by the Grace of God of tlie United Kingdom of Great Britain and L'eland, Queen, Defender of the Faith, to all to whom these presents shall come, greeting. Whereas our Roj^al predecessor King William the Fourth, late King of England, by his Letters Patent, under the Great Seal of Great Britain and L'eland, bearing date at Westminster the twenty-second day of December, in the Second Year of his Reign, did grant, constitute, declare, and appoint that Thomas Adlington, Jonathan Brundrett, George Frere, and William Tooke, and all such other persons being Attorneys, Solicitors, or Proctors practising within the United Kingdom, or as Writers to the Signet, or Writers in the Courts of Justice in Scotland, or being persons who had so practised, and should have volun- tarily retired from such practise, as then were or should thereafter become cpialilied as thereinafter mentioned, should be and be called one body politic and corporate in deed and in law, by the name and style of " The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom," and them by the name of " The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practising in the Courts of Law and Equity of the United Kingdom," did make, erect, order and constitute, establish, confirm, and delare to be one body politic and corporate in deed and in law, for ever ; and did grant to the Society thereby incorporated divers powers, liberties, and privileges in the same Letters Patent mentioned. And whereas the Society did by deed dated the 22nd day of February, in the Eighth Year of our Reign, surrender into our liands the Charter of Licorporation so granted to them by our Royal predecessor King Williain the Fourth, on the 22nd day of December, in the Second Year of his Reign : And whereas we did, by our Letters Patent under the Great Seal of Great Britain and L-eland, bearing date at West- minster, the 26th day of February, in the Eighth Year of 17 our Reign, grant, constitute, declare, and appoint that Edward Foss and Michael Clayton, and the several other persons who were Members of the Society at the time when the Charter of Incorporation was surrendered into our hands, and all such other persons being Attorneys, Solicitors, or Proctors practising within our United Kingdom of Great Brittain and Ireland, or Writers to the Signet, or Writers in our Courts of Justice in that part of our United Kingdom called Scotland, or being- persons who should have practised as Attorneys, Solicitors, or Proctors within our United Kingdom, or "as Writers to the Signet, or Writers in our Courts of Justice in Scotland, and should have voluntarilv retired from such practice (not being Barristers), as should from time to time be elected Members of the Society in the manner thereinafter directed, and their respective suc- cessors, should for ever thereafter be and be called one body politic and corporate, in deed and in law, by the name and style of ' The Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' and them by the name and style of ' The Society of Attorneys, Solicitors, Proctors, and others not being- Barristers, practising in the Courts of Law and Equity of the rinited Kingdom,' did make, erect, ordain, and constitute, establish, confirm, and declare to be one body politic and corporate in deed and in law, for ever. And did grant to the Society thereby incorporated divers powers, liberties, and privileges in the same Letters Patent mentioned. And we did thereby also grant and declare for the better rule and government of the Society, and for the better direction and management of the concerns thereof, there should be a Council of the Society to be elected from among such of the Members of the Society as should be Attorneys, Solicitors, or Procters, practising in England, and a President and Vice- President of the Society, to be elected from the Council, and that such Council, including the President and Vice- President, should consist of not more than thirty nor less than twenty Members, and that the Council should have the powers therein mentioned (exercisable by a quorum of five). And we did thereby further grant and declare that at any General Meeting it should be lawful for the c 18 Members, or such of them as should be then present, to ordain and make such and so many bye-laws, rules, orders, and ordinances, as to them, or the major part of • them, should seem necessary, convenient, and proper for (among other objects therein mentioned) fixing and determining the numbers of which the Council should consist, and the manner of electing the President and Vice-President, and other Members of the Council, and also the period of their continuance in office, and the inanner and time in which any vacancy in the office of President or Vice-President, or any vacancies in the Council by death, resignation, disqualification, or other- wise, should be supplied. And whereas it has been represented to us that the immber of Members of the Society has greatly increased since the date of the last- recited Charter, and that a much larger amount of busi- ness than heretofore has devolved on the Council of the Society, and that it would be expedient that power should be conferred upon the Society to increase the number of the Members of the Council, and that it would be also expedient and would extend the usefulness of the Society if power were conferred on the Council to nominate a limited number-^ of Presidents of other Law Societies, established in the United Kingdom for like purposes, to represent such other Societies on the Council as Extra- ordinary Members thereof: And the said Society have by their Petition humbly besought us to grant to them our Royal Charter for carrying into effect the above- mentioned objects in manner hereinafter appearing : Now therefore know ye, that we, taking the premises into our Royal consideration, and out of an earnest desire to promote the public good and to facilitate the per- formance of the duties of the said Society, do of our special grace for ourselves, our heirs, and successors, give and grant unto our trusty and well-beloved subjects, the ' Society of Attorneys, Solicitors, Proctors, and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom,' that for the better rule and government of the Society, and for the better management and direction of the concerns thereof, the Council of the said Society, including the President and Vice-President, shall consi ^t of not more than fifty, nor loss than twenty Members, exclusive of Extraordinay 19 Members of Council, to be elected as after mentioned. And we do further grant that, in addition to the ordinary- Members of Council, any Member of the said Incorporated Society holding at the time of his appointment or election the office of President of any other Law Society, established at any place in the United Kingdom (except the Metropolis) for like or kindred purposes, shall be eligible to be appointed or elected by the Council an Extraordinary Member of Council, with the same powers and duties during his term of office as such Extra- ordinary Member as by the last-recited Charter are given to an ordinary Member of Council, except that an Extra- ordinary Member of Council shall not be eligible for President or Vice-President of the Society ; but the number of Extraordinary Members of Council holding C)ffice at one time shall not exceed ten, and Extraordinary Members are to be elected at the first Meeting of the Council after the First of October in any year, and to hold office, unless vacated by death or resignation, until the Meeting of the Council next after the First of October in the year following. And we will and declare that the powers given to- a General Meeting by the said last- recited Charter of making and ordaining bye-laws, rules, orders, and ordinances, for fixing and determining the number of Members of which the Council shall consist, and the manner of electing Members of the Council, and also the period and time of their continuing in office, and the manner and time of supplying vacancies, shall con- tinue applicable to the ordinary Members of Council, regard being had to the enlargement in the number of ordinary Members of Council hereby authorised. In Witness whereof we have caused these our Letters to be made Patent. Witness ourself at our Palace at Westminster, this Twenby-bixtli day of November, in the Thirty-sixlh Year of our Reign. By Her Majesty's command. CARDEW. ' SAI'L SOLOMON AND CO. PRINTERS, ST. QEOEGK S-STREKT. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-50m-4,'61(B8994s4)444 PAMPHLET BINDER • Syracuse, N. Y Stockton, Colrf IMIilllllllllllllllllllllllllllllllll AA 000 569 51 % C]