Visitors of Society. 6. The judges of the Supreme Court of Alberta shall be Visitors visitors of the society. [1907, c. 20, s. 6.] Benchers. body 7. (1) The society shall be governed by a body com- Governing posed of members of the society, to be designated benchers. (2) The benchers shall consist of the persons hereinafter Benchers designated as ex officio benchers and of members of the society resident in the Province of Alberta, elected as hereinafter provided. [1907, c. 20, s. 7.] benchers 8. The Attorney General of Canada for the time being Ex officio and every person who has held that office and is a member of the society, the Attorney General of the Province of Alberta for the time being, and every person who has held that office and is a member of the society, and every person who has held the office of Attorney General of the NorthWest Territories, and is a member of the society, shall be ex officio benchers of the society; but it shall not be necessary that notice of any meeting or other proceeding be given to any ex officio bencher. [1907, c. 20, s. 8.] 9. (1) Until the number of members in good standing Election of who have paid their annual dues reaches six hundred the benchers number of benchers to be elected shall be twelve. (2) At the first election after the number of members reaches six hundred an additional bencher shall be elected and thereafter for each additional one hundred members an additional bencher shall be elected at the next following election, until the total number of elected benchers reaches thirty. [1907, c. 20, s. 10.] election 10. The election of benchers shall be held on the first Time of Monday of November in the year one thousand nine hundred and twenty-two and on the first Monday in November in every third year thereafter, and the benchers elect shall take office on the first day of December following their election. [1907, c. 20, s. 11.] 11. Every member of the society in good standing Eligibility resident in the Province of Alberta shall be eligible for for election election as a bencher. [1907, c. 20, s. 12.] to vote 12. Every member of the society in good standing shall Qualification be entitled to vote at any election of benchers and may vote for not more than the full number of benchers to be elected thereat. [1907, c. 20, s. 13.] List of voters Objections to list List conclusive Names on voting paper Retiring benchers Non-payment of fees Voting Opening of voting papers 13. At least six weeks prior to the holding of the election the secretary shall make out a list of the names and addresses of the members of the society who are entitled to vote at such election and shall transmit a copy of such list by post to each member whose name appears thereon and to each Clerk and Deputy Clerk of the Supreme Court of Alberta, and such Clerk or Deputy Clerk shall forthwith on the receipt thereof post such list in a conspicuous place in his office. [1907, c. 20, s. 14.] 14.—(1) In case any member complains to the secretary at least one month before the election of the improper omission or insertion of any name from or on the list the secretary shall forthwith examine into the complaint and rectify the error if any; and in case any person is dissatisfied with the decision of the secretary he may within one week thereafter appeal to the president. (2) The president shall forthwith nominate a committee of the benchers who shall summarily try and decide the questions involved and the list shall remain or be altered in accordance with the decision of the committee. [1907, c. 20, s. 15.] 15. No person whose name does not appear on the list as finally settled shall be entitled to vote at such election. [1907, c. 20, s. 16.] 16. In the event of any elector placing more names than the number of benchers to be elected on his voting paper, it shall not be counted. [1907, c. 20, s. 17.] 17. At all elections retiring benchers shall be eligible for re-election. [1907, c. 20, s. 18.] 18. No person shall be entitled to vote or to be elected unless all fees and other moneys owing by him to the society have been paid before the transmission of the list by the secretary as aforesaid. [1907, c. 20, s. 19.] 19. The votes of each elector shall be given by closed voting papers in form A in the schedule to this Act, or to the like effect, which shall be mailed in a sealed envelope prepaid, addressed 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. [1907, c. 20, s. 20.] 20. The voting papers shall at the hour of eleven o'clock in the forenoon of the day of election be opened by the secretary in the presence of any of the persons entitled to vote who attend; and the secretary shall then scrutinize and count the votes and keep a record thereof. [1907, c. 20, s. 21.] of result 21. The members of the society up to the number of Declaration benchers to be elected receiving respectively the highest number of votes cast, shall be declared by the secretary to be elected benchers. [1907, c. 20, s. 22.] votes 22. (1) In case of an equality of votes between two Equality of or more members which leaves the election of one or more benchers undecided, the secretary shall forthwith put into a ballot box a paper for each of the candidates who have an equality of votes with his name written thereon, folding the same so that the name thereon shall be inside and not distinguishable without the paper being opened. (2) 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 members whose names are upon the papers so drawn shall be declared by the secretary to be elected benchers. [1907, c. 20, s. 23.] 23. The secretary shall forthwith after the election Publication notify the benchers elect of their election and cause the names to be published in The Alberta Gazette. [1907, c. 20, s. 24.] Retention of 24. The voting papers relating to any election shall voting papers not be destroyed, but along with all other papers in connection with the election shall be retained by the secretary until all petitions relating to such election have been decided. [1907, c. 20, s. 25.] Contested 25. (1) In the event of any dispute as to the election election of all or any of the persons declared by the secretary to have been elected benchers the same may be decided in a summary way by any judge of the Supreme Court upon petition presented within ten days of the declaration of the result. (2) The decision of the judge shall be final and the costs of the petition shall be in his discretion. (3) The judge shall in respect of such petition have the powers of a judge in chambers upon the hearing of a motion in an action pending in such Court. [1907, c. 20, s. 26.] Falsification of 26. No person shall sign the name of any other person voting paper to any voting paper 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. [1907, c. 20, s. 27.] 82 Absence, etc., of secretary Failure to elect Regulations Officers Benchers' rules and regulations 27. In the event of there being no secretary (for the time being) of the society at the time at which any election under this Act 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 society shall appoint under his hand some other person to act as secretary; and the person so appointed shall perform all the duties of the secretary as prescribed by this Act. [1907, c. 20, s. 28.] 28. In case of failure in any instance to elect the requisite number of benchers according to the provisions of this Act or in case of any vacancy caused by the death or resignation of any bencher or otherwise the remaining or continuing benchers may appoint to the vacant place or places any person or persons duly qualified under the provisions of this Act to be elected bencher or benchers, and the person or persons so appointed shall hold office until the next election. [1907, c. 20, s. 29.] 29. The benchers may make such regulations as they consider expedient not contrary to the provisions of this Act for regulating the procedure as to election of benchers. [1907, c. 20, s. 30.] Officers of Society. 30. (1) The officers of the society shall consist of a president and a vice-president (who in the case of the absence or inability of the president shall act instead of the president), to be chosen by the benchers from their own number, and a secretary and treasurer. (2) The office of secretary and treasurer may be filled by the same person. [1907, c. 20, s. 31.] Powers of Benchers. 31. The benchers may from time to time make rules and regulations in respect of the following matters, that is to say: (a) The government of the said society and other purposes connected therewith: (b) The qualifications and conditions of admission of persons as students at law and the course of study, examinations, qualifications and other conditions requisite for their enrolment as members of the society; (c) Subject to the approval of a majority of the visitors of the society, the fees payable to the society for the admission of students at law and enrolment of barristers and solicitors; (d) Subject as aforesaid, the fees payable annually (e) The suspension from practice of any member for (f) The reporting of legal decisions: Provided that all rules and regulations of the Law Society of the North-West Territories in force upon the fifteenth day of March, one thousand nine hundred and seven, shall mutatis mutandis constitute the rules and regulations of the society, until and except in so far as they shall be repealed or amended by the benchers. [1907, c. 20, s. 32.] Discipline Committee. committee 32. (1) The benchers shall from time to time appoint Discipline and shall always maintain for the purposes hereinafter named a committee of their own body to be known as the discipline committee, consisting of at least three members and may alter the number, the constitution and the tenure .of office of such committee. (2) The discipline committee shall deal with and may investigate every written charge or complaint against or regarding any member of the society who has been convicted of an indictable offence, or who is known or reported to be guilty of or who is charged with dishonourable, disgraceful, infamous, unbecoming, improper or criminal conduct, professional or otherwise; and if the committee considers the charge or complaint warrants it may recommend that the benchers strike the name of the said member from the rolls, and the benchers may order the same to be done. (3) If the name of any member of the society is so struck from the rolls, it shall be unlawful for such member thereafter to carry on the practice of a barrister or solicitor or to be directly or indirectly associated in practice with any member of the society and it shall be unlawful for any member of the society to be associated in practice directly or indirectly with any member whose name has been struck off, while such member is under disability. (4) If the benchers consider that the charge or complaint is not of such gravity or importance as to warrant. in their judgment the member's name being struck from the rolls they may suspend such member from practice for such time as they may think fit, not exceeding twelve months, and may in addition thereto or in lieu thereof reprimand the offending member and may also adjudge that he shall pay a penalty of not less than fifty dollars and not more than five hundred dollars with or without costs incurred by the society in the prosecution of the investigation of the |