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CHAPTER 44

An Act to amend The Legal Profession Act.

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[Assented to February 4, 1920.]

IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

amended

1. The Legal Profession Act, being chapter 104 of R.S.S. c. 104 The Revised Statutes of Saskatchewan 1909, is amended in the manner hereinafter set forth.

2. Section 23 is amended by striking out the word Section 23 "registered" in the third line.

amended

amended

3. Section 24 is amended by striking out the word Section 24 "opened" where it occurs in the second line and substituting the words "summed up" and by striking out the words "scrutinise and count the votes and" where they occur in the fourth and fifth lines thereof.

46

4. Section 46 is repealed and the following substituted New section therefor:

"46. If, upon application to the benchers by any person concerned, supported by affidavit, it shall appear prima facie that a barrister and solicitor has been guilty of:

"(a) professional misconduct or conduct unbecoming
a barrister and solicitor; or

(b) such misconduct. as would in England be
sufficient to bring a solicitor under the punitive
powers of the supreme court of judicature; or
"(c) a breach of any of the provisions of this Act
or of any rule or bylaw passed thereunder;

the benchers shall, by summons, call upon such barrister and solicitor to answer the charge, and upon the return of the summons hear the complainant and the barrister and solicitor and any evidence adduced by them..

"(2) If the benchers find the complaint well founded they may direct that such barrister and solicitor be suspended and disqualified from practising until the end of the next sittings of the court of appeal, in which

New section 47

New form A

event they shall report the evidence and proceedings and their judgment thereon to the court at such sittings.

"(3) The court of appeal shall thereupon consider the evidence and proceedings, and it may hear the parties or their counsel in the same manner as if the application had originally been made to it and may order that the name of the accused be struck off the roll of barristers and solicitors or may suspend him from practising for such period as may be considered proper or make such other order as may seem just.

"(4) The benchers, instead of directing the suspension and disqualification of the accused as aforesaid, may refer the matter to be dealt with by the court of appeal at its next sittings, or may direct the suspension and disqualification to practise of such barrister and solicitor for a period not exceeding six calendar months without a right of appeal."

5. Section 47 is repealed and the following substituted therefor:

"47. In case either a report or reference is made to the court of appeal under the preceding section, the court may, before dealing with the matter, order that notice of the application shall be given to such persons as it may think proper; and the persons so notified may appear in person or by counsel in the proceedings."

6. Form A of the schedule to the said Act is repealed and the following substituted therefor:

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Province of Saskatchewan, barrister and solicitor, dohereby declare:

1. That the signature hereto is my proper handwriting; 2. That I now reside at

3. That I vote for the following persons as benchers of the law society:

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4. That I have signed no other voting paper at this election;

5. That the voting paper was executed on the day of the date hereof.

Witness my hand this

day of

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7. This Act shall come into force on the first day Coming of May, 1920.

into force

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