(Ireland.) A BILL For the Incorporation of the Society or Association commonly called and known as the Society of the King's Inns, Dublin, and for enabling the same to make and ordain Orders, Rules and Regulations for the better Government of the Profession of the Law in Ireland. [Note.-The Words printed in Italics are proposed to be inserted 5 W HEREAS it is expedient and necessary that provision should be made for the due and better regulation of the Professors of the Law in Ireland, and particularly for the due and better regulation of the profession of Attorney and Solicitor, which is of great antiquity in Ireland, and one of great importance to the public, and to insure the education, skill and respectability of persons admitted to the practice thereof: And whereas it is for that purpose necessary that the several Acts hereinafter mentioned shall be repealed, save as hereinafter 10 provided, and that other provisions shall be made in lieu thereof; Preamble. BE it therefore Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT from and after Repeal of 15 the First day of October One thousand eight hundred and Thirty-nine, the several Acts hereinafter mentioned shall be and the same are hereby repealed, that is to say, an Act made in the Parliament of Ireland in the seventh year of the reign of King GEORGE the Second, intituled, "An Act for the Amendment of the Law in 1. former Acts. 2. Persons not to practise as Attornies or Solicitors unless previously admitted. 5 relation to Popish Solicitors, and for the remedying other Mischiefs And be it Enacted, That from and after the First day of October One thousand eight hundred and Thirty-nine, no person shall act as a Solicitor or Attorney, or sue out any writ or process, or com- 35 mence, carry on or solicit or defend any action, suit or other proceeding in the name of any other person, or in his own name, in Her Majesty's High Court of Chancery, or in the Courts of Queen's Bench, Common Pleas or Exchequer, or any other Court of Record or Equity in Ireland, or act as an Attorney or Solicitor in any cause, 40 matter or suit, criminal or civil, to be heard, tried or determined before any Justice of Assize or Oyer and Terminer, or Gaol Delivery, or in any cause or matter depending before any Commissioners of Her Majesty's Revenue, or Commissioners or other persons acting in any judicial capacity, or at any General or Quarter Sessions 5 Sessions of the Peace for any county, city or place, or in the Court of any Assistant Barrister, or the Chairman of the Sessions of the County of Dublin, or the Commissioners of Bankruptcy, unless such persons shall have been theretofore admitted, enrolled and otherwise duly qualified as an Attorney or Solicitor of one of Her Majesty's said four Courts at Dublin, or unless such person shall be thereafter admitted, enrolled and otherwise duly qualified as an Attorney or Solicitor of one of the said Courts pursuant to this Act, and unless such person shall continue to be so duly qualified and on 10 the roll at the time of his so acting in the capacity of an Attorney or Solicitor as aforesaid. 3. be admitted as Attornies unless they under IndenApprenticeship. have served tures of And be it Enacted, That from and after the said First day of Persons not to October One thousand eight hundred and Thirty-nine, no person shall be admitted to practise as an Attorney or Solicitor in any Court of 15 Law or Equity in Ireland, who shall not have been bound by indenture of apprenticeship, and served as an apprentice or clerk for and during the space of Five Years to a practising Attorney or Solicitor in Ireland: Provided always, That any person who shall take or have taken the degree of Bachelor of Arts within Six Years 20 after his matriculation, or the degree of Bachelor of Laws within Eight Years after his matriculation in some one of the Universities of Oxford, Cambridge, Dublin or London, and who shall within Four Years after the day when he shall have taken such degree, be bound by indenture of apprenticeship as aforesaid, and have 25 served as an apprentice to any such Attorney and Solicit or for and during the term of Three Years, or who shall have during such his apprenticeship taken such degree of Bachelor of Arts or Bachelor of Laws, may be admitted as an Attorney or Solicitor as aforesaid, as if he had been so bound and served for and during the 30 said term of Five Years: Provided also, That any person who shall have kept the regular terms in any one of the said Universities for a period of at least Two Years immediately preceding the time at which he may be bound apprentice, and who shall, previous to, his application for admission as an Attorney, and within Four Years 35 after the expiration of his apprenticeship, have taken the degree of Bachelor of Arts or Bachelor of Laws, shall be admitted as an Attorney or Solicitor, although he shall have served as an apprentice to an Attorney and Solicitor for and during the term of Three Years only: Provided also, That if any person who now is or 40 hereafter shall be bound to serve as an apprentice to any Attorney and Solicitor for the said term of Five Years as aforesaid, shall, with the consent of his master previously obtained in writing for that purpose, actually and bonâ fide be and continue as pupil to any practising Barrister, or to any person practising as a certificated Special Pleader in England or in Ireland, for any part or parts of Attornies allowing unqualified persons to practise in their names to be struck off the Roll. 7. Incorporating Society of the said term of Five Years not. exceeding One Year, it shall be lawful to admit such person as an Attorney or Solicitor as if he had actually served the whole of such term of Five Years as an apprentice to the Attorney and Solicitor to whom he may have been bound, the facts being proved by affidavit or otherwise to the satisfaction of the Examiners hereinafter provided. 5 And be it Enacted, That from and after the said First day of October One thousand eight hundred and Thirty-nine, no Attorney or Solicitor shall take, have or retain any apprentice who shall be bound by contract in writing as aforesaid, after such Attorney or 10 Solicitor shall have discontinued or left off practice, or during such time as he shall not actually practise as or carry on the business of an Attorney or Solicitor. And be it Enacted, That every person who shall, after the said First day of October One thousand eight hundred and Thirty-nine, 15 become bound by contract in writing to serve an Attorney or Solicitor, shall, during the whole term of service to be specified in such contract, continue and be actually employed by such Attorney or Solicitor, or his or their agent or agents (being a duly admitted and qualified Attorney and Solicitor), in the proper business, 20 practice or employment of Attorney or Solicitor, subject to the rules and orders to be made respecting the assignment of apprentices as hereafter mentioned. And be it Enacted, That from the said First day of October One thousand eight hundred and Thirty-nine, if any Attorney or Solicitor 25 shall upon the account or for the profit of any person or persons not being an Attorney or Solicitor, act in his own name, or permit or suffer his name to be in any way made use of, or send any process to any such person or persons, thereby to enable him or them to appear, act or practise in any respect as an Attorney or Solicitor, 30 knowing him not to be duly qualified as aforesaid, and complaint shall be made thereof in a summary way to the Court from whence any such process shall have issued, and proof made thereof upon oath to the satisfaction of the Court that such Attorney or Solicitor hath offended therein as aforesaid, then and in every such case 35 every such Attorney or Solicitor so offending shall be struck off the roll, and thereby cease to be an Attorney or Solicitor; and in that case, and upon such complaint and proof made as aforesaid, it shall and may be lawful to and for the said Court to punish such unqualified person so acting or practising in manner aforesaid as for a contempt of Court. AND whereas a certain Society or voluntary Association comKing's Inns, monly called and known by the name of "The Society of the King's Dublin. 40 Inns, 5 10 15 Inns, Dublin," hath been a Society in existence for a long period of years in that part of the United Kingdom of Great Britain and Ireland called Ireland, and which Society is composed of the Judges, Barristers and Attornies of Her Majesty's Courts in Ireland, and hath been usually governed by a body called "The Benchers," consisting of the Lord Chancellor, the other Judges of the Supreme Courts, certain law officers of the Crown, Queen's Counsel and Barristers, but no member of the profession of Attorney or Solicitor has been for many years admitted to be one of the said Benchers, or to take any part or share in the management or control of the said Society, or in the disposal of the funds thereof, although all the members of such profession of Attorney and Solicitor are members of such Society, and are equally eligible and entitled with the other members thereof to be Benchers of the said Society, and to take a part in the management or control of such Society, and in the disposal of the funds thereof: AND whereas the said Benchers have from time to time made rules and regulations for the admission of persons seeking to become apprentices to Attornies and Solicitors, and have also required persons seeking to become 20 Attornies and Solicitors, to become members of such Society, and have also imposed certain fees to be paid by such persons to said Society, and have also assumed a right to make and ordain rules and regulations for the government of the profession of Attorney and Solicitor in Ireland: AND whereas it is expedient and necessary that the said Society shall be duly and legally constituted and placed under due and proper regulations by and under the authority of Parliament, and so as that the members thereof being Attornies or Solicitors, shall have a due and adequate share and participation in the government, management and control of the said Society, and of the pro30 perty, funds and revenues thereof; and that the said Society when so duly regulated and established shall be empowered to make and ordain rules and regulations for the government and practice of the Professors of the Law in Ireland; BE it therefore Enacted, That from and after the passing of this Act, the Professors of the Law of 35 and in that part of the United Kingdom of Great Britain and Ireland called Ireland, and the several members of the said Society called and known by the name of "The Society of the King's Inns, Dublin," and their successors, to be appointed, elected, chosen and admitted in manner hereinafter mentioned, shall be and be deemed for ever hereafter one body politic and corporate in deed and in fact, and shall be called and known by the name of "The Society of the King's Inus, Dublin," and by that name shall have perpetual being and succession, and shall be capable to acquire, have, take and hold lands, tenements and hereditaments to them and their successors for ever, not exceeding in the yearly value the amount Pounds at the time of the purchase thereof, 25 40 of |