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Given under my hand and the seal of the North-West Territories, at
the year of our Lord, one thousand eight hundred and
11. All persons enrolled as aforesaid shall be officers Advocates of the Supreme and other Civil Courts of the Territor- supreme ies, and shall be known and designated as Advocates of the Territories and the Supreme Court, and any Judge thereof, shall possess and may exercise the same powers and jurisdiction over and in respect of such Advocates as, at the time of the passing hereof, is possessed by the Supreme Court of Judicature in England over and in respect of Solicitors of the said last-mentioned Court.
12. The oath to be taken as herein before prescribed th shall be as follows:
I, A. B., do solemnly swear that I will well and truly and honestly demean myself as an Advocate in the North-West Territories, according to the best of my knowledge, skill and ability. So help me God.
13. No Advocate shall wilfully and knowingly act Assisting as the professional agent of any person not duly en- persons to rolled and qualified to act as an Advocate, or suffer practice. his name to be used in any such agency on account of or for the profit of an unqualified person, or send any process to such person, or do any other act to enable such person to practice in any respect as an Advocate, knowing him not to be duly qualified.
Penalty for practising! without authority.
Proceedings for suspension
fication of Advocates.
14. In case any person, unless himself a plaintiff or defendant in the proceeding, commences, prosecutes, or defends in his own name or that of any other person, any action or proceeding in any Court of Civil Jurisdiction in the Territories, or acts as Counsel or Advocate in any such action or proceeding without being enrolled as aforesaid, he shall be incapable of recovering any fee, reward, or disbursements on account thereof, and such offence shall be a contempt of the Court in which such proceeding has been commenced, carried on, or defended, and punishable accordingly.
15. If, upon application supported by an affidavit of and disquali facts being presented to a Judge, it shall appear that an Advocate has been guilty of such misconduct as would in England be sufficient to bring a Solicitor under the punitive powers of the Supreme Court of Judicature, the Judge shall by a summons call upon the Advocate to answer the facts and upon the return of the summons hear the complainant and Advocate and any evidence adduced by them, and if, as a result of such hearing, the Judge find the complaint well founded, he may direct that such Advocate shall be suspended and disqualified from practising as such until the end of the then next sittings of the Court in banc, and in the event of making such order shall report the evidence and proceedings on such application and his judgment or order thereon to the Court in bane at such sittings, and the Court in bane shall thereupon consider such evidence and proceedings and may hear the parties or their Counsel in the same manner as if such application had originally been made to the Court in banc, and make such order thereon as it may deem fit.
16., The Supreme Court may strike the name of any strike off roll. Advocate off the roll of Advocates for default by him in payment of moneys received by him as an Advocate, or for any breach of the provisions of this Ordinance, or for any of the causes for which a Solicitor of the Supreme Court of Judicature in England may be struck off the roll of Solicitors in that Court.
to Clerk of
17. Whenever any Advocate is struck off the roll of Notification Advocates, the Registrar of the Supreme Court shall Assembly. certify the same under his hand and the seal of the Court to the Clerk of the Legislative Assembly, who shall attach such certificates, and shall make a note opposite the name of such person on said roll of his having been struck off the same.
bill must be
18. No action shall be brought for the recovery of Advocate's fees, charges or disbursements for business done by an rendered one Advocate, as such, until one month after a bill thereof, action. subscribed with the proper hand of such Advocate, his executor, administrator or assignee (or, in the case of a partnership, by one of the partners, either with his own name, or with the name or style of such partnership), has been delivered to the party to be charged therewith, or sent by the post to, or left for him at his counting-house, office of business, 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.
19. Upon the application of the party chargeable by Bill may be such bill within the month, the Supreme Court, or a one month of Judge thereof, shall, without money being brought in- delivery, or to Court, refer the bill and the demand thereon to be taxed by the proper officer of the Court for the Judicial District, in which any of the business charged for in the bill was done, and the Court or Judge making such reference shall restrain the bringing any action for such demand pending the reference.
20. In case no application is made within the month, Afterwards on then the Court or Judge, upon the application of either party, may order a reference with such directions and conditions as he may deem proper; and may, upon such terms as may be thought just, restrain any action for such demand pending the reference.
21. No such reference shall be directed upon appli- After 12 cation made by the party chargeable with such bill special after a verdict has been obtained Or after twelve circumstances months from the time such bill was delivered, sent or
Ex parte taxation.
Costs of taxation.
Order of reference.
left as aforesaid, except under special circumstances, to be proved to the satisfaction of the Court or Judge to whom the application for the reference is made.
22. In case either party to such reference, having due notice, refuses or neglects to attend the taxation, the officer to whom the reference is made, may tax the bill ex parte; and is case the reference is made upon the application of either party, and the party chargeable with the bill attends the taxation, the cost of the reference shall be paid according to the event of the taxation, except that if a sixth part is taxed off, the costs shall be paid by the party by whom or on whose behalf such bill was delivered; and 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.
23. Every order for such reference shall direct the officer, to whom the reference is made, to tax the costs of the reference, and to certify what, upon the reference, he finds to be due to or from either party in respect of such bill, and of the costs of the reference, if payable.
24. Such officer may certify specially any circumtaxing officer 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 taxation.
Special directions re costs of reference.
Delivery of bill, and deeds, papers, &c., may be
25. In case the reference is made, when the same is not authorized except under special circumstances, as hereinbefore provided, the Court or Judge, in making the same, may give any special directions relative to the costs of the reference.
26. Waere no bill has been delivered, sent or left as aforesaid, and where the bill if delivered, sent or left, might have been referred as aforesaid, the Supreme Court, or a Judge thereof, may order the delivery of a bill, and may also order the delivery up of deeds or papers in the possession, custody, or power of the Advocate, his assignee or representatives in the same
manner as has heretofore been done in cases where any such business had been transacted in the said Court.
27. In proving a compliance with this Ordinance it Delivery of bill prima shall not be necessary in the first instance to prove facie evidence the contents of the bill delivered, sent or left, but it of contents. shall be sufficient to prove that a bill of fees, charges, or disbursements, subscribed in the manner aforesaid, or enclosed in 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 bona fide compliance with this Ordinance.
28. A Judge of the Supreme Court, on proof to his Action satisfaction that there is probable cause for believing delivery of bill may be that the party chargeable is about to quit the Territor- allowed by ies, may authorize an Advocate to commence an action Judge. for the recovery of his fees, charges or disbursements against the party chargeable therewith, although one month has not expired since the delivery of a bill as aforesaid.
may have the
29. Where any person not being chargeable as the Persons other principal party is liable to pay or has paid any bill, principals either to the Advocate, his assignee or representative, bill taxed. or to the principal party entitled thereto, the person so paying, his assignee or representative may make the like application for a reference thereof to taxation as the party chargeable therewith might himself have made, and in like manner, and the same proceedings shall be had thereupon, as if the application had been made by the party so chargeable.
30. In case such application is made, when under Special the provisions hereinbefore contained a reference is may be not authorized to be made except under special cir- considered by cumstances, the Court or Judge, to whom the application is made, may take into consideration any additional special circumstances, applicable to the person making it, although such circumstances might not be applicable to the party chargeable with the bill, if he was the party making the application.