Counterclaim by employer (not exceeding two months wages as aforesaid) direct such master or employer to pay such servant or labourer such further amount as to him may seem reasonable but not exceeding in any event four weeks' wages at the rate at which he was being paid by his master or employer when improperly dismissed as aforesaid together with the costs of prosecution the same to be levied by distress and sale of the goods and chattels of such master or employer. (3) If upon the inquiry by the justice it is made to appear by the oath of the master or employer or some person acquainted with the facts that such master or employer would or might be entitled to a claim in a civil action by the complainant for the recovery of the wages claimed to be due for services rendered or for improper dismissal or both by way of set off or counterclaim the justice shall not further inquire into the matter but shall forthwith transmit the information clerk of Court and other papers connected therewith to the clerk or deputy clerk of the Supreme Court in whose district or subjudicial district respectively the matter arose. Papers to be transmitted to Clerk shall enter complaint as an action Procedure on trial Judgment Limit of time for instituting proceedings Ordinance applies to contracts made outside Territories Civil remedy preserved (4) The clerk or deputy clerk upon receipt of the said information and papers shall immediately enter the complaint as an action under Order 47 of the Rules of Court and the information or complaint shall be considered a statement of claim and the statement under oath of the master or servant or other person of the dispute. (5) The clerk or deputy clerk shall thereupon forthwith submit the papers to the judge who shall fix a day for the trial of the said complaint and the procedure thereupon shall be the procedure provided by said Order 47. 6) In the event of the judgment upon the trial by the judge being in favour of the complainant such judgment may be enforced by distress warrant or otherwise in the same manner as if it had been made by the justice before whom the complaint was laid.] 1904, c. 3, s. 3. [4. Proceedings may be taken under this Ordinance within three months after the engagement or employment has ceased or been terminated or within three months after the last instalment of wages under the agreement of hiring has become due whichever shall last happen.] 1904, c. 3, s. 4. [5. The provisions of this Ordinance shall be held to apply in the Territories to contracts and agreements made at any place outside the same.] 1904, c. 3, s. 5. [6. Nothing in this Ordinance shall in any wise curtail, abridge or defeat any civil or other remedy for the recovery of wages or damages which employers or masters may have against servants or employees or which servants or employees may have against their masters or employers.] 1904, c. 3, 8. 6. or "employer" 17. The term "master or "employer" wherever used in "Master" this Ordinance shall include a corporation as well as an individual or partnership.] 1904, c. 3, s. 7. Short title CHAPTER 51. An Ordinance respecting the Legal Profession and the THE Lieutenant Governor by and with the advice and SHORT TITLE. 1. This Ordinance may be cited as "The Legal Profession Ordinance." C.O., c. 51, s. 1. Incorporation Members INCORPORATION OF LAW SOCIETY. 2. "The Law Society of the North-West Territories" shall 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. C.O., c. 51, s. 2. MEMBERSHIP. 3. The following persons shall compose and be the members of the said corporaton 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. C.O., c. 51, s. 3. Roll of advocates Persons entitled to practise and be enrolled ROLL OF ADVOCATES. 4. The roll of advocates under the Ordinances respecting the legal profession in force prior to the fifteenth day off 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. C.O., c. 51, s. 4. ADMISSION OF ADVOCATES. 5. In addition to the persons already enrolled as advocates as aforesaid the following persons and no others shall be admitted to act as advocates in the Territories and to practise at the bar in the Supreme or any other Court of civil jurisdiction in the Territories or to advise [or do or perform any work or service] 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 recognized 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. 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. advocates in [5a. The law society may make rules and regulations for Admission of the admission as advocates of persons other than those special cases mentioned in section 5 of The Legal Profession Ordinance provided that no such person shall be admitted unless he is a British subject and has been admitted to practise as a legal practitioner in some province, state or country and has passed such examination, if any, and served such time, if any, and Advocate's oath Visitors Benchers Ex officio benchers Benchers to hold office for three years Election to be on first Monday of November Qualification of voters List of voters to be published paid such fees as the law society may prescribe.] C.O., c. 51, s. 5; 1903, 2nd session, c. 14, s. 1; 1904, c. 4, s. 1. ADVOCATE'S OATH. 6. Every person before being admitted as an advocate shall 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 North-West Territories according to the best of my knowledge, skill and ability. So help me God. C.O., c. 51, s. 6. VISITORS OF SOCIETY. 7. The judges of the Supreme Court of the North-West Territories shall be visitors of the society. C.O., c. 51, s. 7. BENCHERS. 8. The said society shall be governed by the benchers thereof 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. C.O., c. 51, s. 8. 9. The Attorney General of Canada for the time being, the 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. C.O., c. 51, s. 9. [10. The elected benchers shall hold office for three years from the first day of January following their election or until their successors are appointed.] 1900, c. 14, s. 1. [11. Elections of benchers shall be held on the first Monday of November in the year 1900 and on the first Monday of November every third year thereafter.] 1900, c. 14, s. 2. 12. Each duly enrolled advocate of the Territories resident 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. C.O., c. 51, s. 12. 13. At least six weeks prior to the holding of the election the secretary shall make out a list of the advocates who are 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 |