« EelmineJätka »
8.* And whereas doubts may arise as to the power and authority of Duties and the Sheriff appointed for the Colony of Queensland under the said recited Northern Act within the district assigned to the Northern Judge under "The Sheriff defined. Supreme Court Act of 1874" and as to the powers and authorities of the Sheriff appointed under the said last-mentioned Act (hereinafter called the Northern Sheriff) Be it enacted and declared as follows
1. The Sheriff appointed or to be appointed under "The Supreme
3. All such writs summonses rules orders warrants precepts com-
4. For the purpose of determining any question of priority
5. The Sheriff of Queensland shall not be personally accountable
9. Notwithstanding anything hereinbefore contained every sheriff sheriff and bailiff and other officer of the Sheriff shall be accountable for his personally
own acts and defaults in the same manner and to the same extent as accountable for heretofore.
their own acts or defaults.
10. This Act shall be styled and may be cited as The Sheriff's Act short title. of 1875."
BARRISTERS AND SOLICITORS.§
THE BARRISTERS ACT OF 1848.
An Act to regulate the admission in certain cases of
E it enacted by His Excellency the Governor of New South Wales
That the judges of the Supreme Courts at Sydney** the Attorney- Board for the General for the time being and two Barristers of the Supreme Court to admission of
qualified persons to
As to Central Sheriff having similar powers, duties, and liabilities as Northern Sheriff, practise as see section 9 of "The Supreme Court Act of 1895," supra, this title.
+38 Vic. No. 3, supra, this title.
31 Vic. No. 23, supra, this title.
As to power of judges to make rules regulating admission of barristers and solicitors, see the " Supreme Court Act of 1867, s. 54, supra, this title.
As to the right of State barrister or solicitor to practise in Federal Courts, see the Commonwealth Judiciary Acts, 1903-1909 (No. 6 of 1903 and No. 5 of 1906), sections 49, 78, 86
As to admission of solicitor of British Possessions to the Supreme Court of the United Kingdom, see the Colonial Solicitors Act, 1900 (63 and 64 Vict. c. 14), vol. Imperial Acts, title Supreme Court.
"Queensland" substituted, "Supreme Court Act of 1867" (31 Vie. No. 23), s. 36, title Supreme Court.
**"Brisbane" substituted, Supreme Court Act of 1867" (31 Vic. No. 23), s. 36, title Supreme Court.
Short title given, 3 Edw. VII. No. 10, s. 8 (1), title Acts.
No candidate to be admitted
unless of good character.
Notice to be given by the AttorneyGeneral of meetings of the Board.
be annually elected in the month of December for the year then ensuing by the practising Barristers of the said Court shall form a board for the approval of properly qualified persons to be Barristers of the Supreme Court of New South Wales* and that the said board shall as soon as conveniently may be after the passing of this Act and from time to time as may appear to them to be expedient make and promulgate rules for the examination of candidates in the Ancient Classics both Greek and Latin in Mathematics in Law and in such other branches of knowledge as they shall deem meet and that the said Board may from time to time depute the examination of such candidates to such persons as they shall consider competent to examine such candidates subject to the payment of such reasonable fees to the examiners respectively as the said Board shall order to be paid by such candidates†
2. No candidate however qualified in other respects shall be admitted to be a Barrister of the said Supreme Court unless the said Board shall be satisfied that he is a person of good fame and character
Provided always that nothing herein contained shall be construed to apply to the admission of Barristers of England or Ireland or Advocates of Scotland.
3. Every candidate whom the said board shall approve as a fit and proper person to be made a Barrister shall be admitted as a Barrister of the said Supreme Court by the Judges in open Court on such day as shall be appointed for that purpose any law or usage to the contrary notwithstanding.
4. No meeting of the said Board nor any meeting of the Bar for the election of such two members of the Board shall be holden without notice in writing previously given by the said Attorney-General to each member of the said Board (or to each practising Barrister as the case may be) three days at the least before the day of meeting specifying therein the time and place of meeting and that the acts and resolutions of the majority of the Board or Barristers present at any meeting so called shall have effect and be binding as the acts and resolutions of the whole body
Provided that every such notice may be given by leaving the same at the party's chambers or usual residence.
THE LEGAL PRACTITIONERS ACT OF 1881.
45 Vic. No. 5. An Act to relieve and otherwise benefit Suitors by Abolishing the Division of Practice between Barristers and Solicitors.
ACT OF 1891.
[ASSENTED TO 10TH OCTOBER, 1881.]
E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows-
1. From and after the passing of this Act notwithstanding any statute or rule or order or practice or regulation of court to the contrary every person now practicing or who may hereafter be admitted to practice as
*“Queensland” substituted, "Supreme Court Act of 1867" (31 Vic. No. 23), s. 36, title Supreme Court. + Proviso repealed, 8 Edw. VII. No. 18, s. 2, title Acts. Preamble repealed, 8 Edw. VII. No. 18, s. 2. title Acts.
5 EDW. VII. No. 10, 1905. Legal Practitioners.
a barrister in the Supreme Court may also practice as a solicitor and every solicitor heretofore admitted or who shall hereafter be duly admitted may practice also as a barrister.
2. Notwithstanding anything before enacted to the contrary any Eligibility for solicitor of five years' standing shall be eligible to be appointed a Judge of the Supreme Court or District Court.
4. Nothing herein contained shall be construed to confer any vested No vested right or to prevent the privileges hereby conferred on barristers and rights to solicitors respectively from being hereafter withdrawn by Parliament.
5. This Act shall be cited and may be styled as "The Legal Practi- Short title. tioners Act of 1881."
THE LEGAL PRACTITIONERS ACT OF 1905.
An Act to Confer on Women the Right of Practising as
5 Edw. VII.
[ASSENTED TO 9TH NOVEMBER, 1905.] ACT OF 1905.
E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited as "The Legal Practitioners Act of 1905."
Title of Act.
2. In like manner and subject to the same conditions as in the case Women may of a man, a woman shall be entitled to admission as a barrister, be admitted solicitor, or conveyancer, as the case may be, and shall be entitled to practise as a barrister, solicitor, or conveyancer, as the case may be.
3. Every such woman shall be entitled to the same rights and Women privileges, and shall be subject to the same liabilities and obligations, as a male barrister, solicitor, or conveyancer.
privileges and responsibilities.
4. In all Statutes and in all Rules of Court relating to barristers, Altering solicitors, or conveyancers, the words "barrister," "person," "attorney, "solicitor," "proctor," "student," "student-at-law," and "candidate" shall be applicable to a woman as well as to a man.
5. A solicitor may employ a woman under articles in the same manner Women may as he may employ a man.
See LAND, CROWN.
* Section 3 (repealing section) repealed, 8 Edw. VII. No. 18, s. 2, title Acts.
THE LAND SURVEYORS ACT OF 1908.
8 Edw. VII. An Act to Provide for the Registration of Land Surveyors; to Control the Practice of such Surveyors; and for other purposes incidental thereto.
THE LAND SURVEYORS
ACT OF 1908.
Short title and
[ASSENTED TO 15TH APRIL, 1908.J
BE it enacted by the King's Most Excellent Majesty, by and with the
advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited as "The Land Surveyors Act of 1908,” and commencement shall commence and take effect on and from the first day of January, one thousand nine hundred and nine.
Constitution of Surveyors Board.
Wherever in any enactment reference is made to a licensed surveyor, such reference shall be deemed to mean a surveyor authorised by registration under this Act.
3. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say,Authorised Survey”—A survey of land authorised or required— (a) Under any Act dealing with the alienation, leasing, and occupation of Crown lands or with mining, or affecting titles to land; or
(b) By the proprietor, lessee, or mortgagee under any Act
"Board"-The Surveyors Board, constituted under this Act;
"Institute"-"The Queensland Institute of Surveyors Incorporated";
"Minister"-The Secretary for Public Lands, or other Minister of the Crown for the time being charged with the adminis tration of this Act;
Prescribed "-Prescribed by this Act;
"Register"-The Register of Surveyors directed by this Act to be
"Registrar of Titles" includes every local Deputy Registrar of Titles;
"Surveyor"-A surveyor authorised by registration under this Act;
"Surveyor-General "The professional officer charged with the general control of surveys under the Department of Public Lands;
"This Act "This Act and any By-laws made thereunder.
4. (1.) For the effectual execution of this Act there shall be constituted a Board, consisting of five persons being surveyors, which shall be called "The Surveyors Board."
The first paragraph of this section amended certain provisions of other Acts set forth
(2.) The Surveyor-General shall always be ex officio a member of the Board and the President thereof.
(3.) Two members of the Board, being salaried officers of the Crown, shall be appointed by the Governor in Council.
(4.) Two members of the Board shall be appointed by the Governor in Council on the nomination of the Queensland Institute of Surveyors Incorporated.
(5.) The first appointments of members of the Board shall be made on the fourteenth day of January, one thousand nine hundred and nine, or as soon thereafter as may be. The members so appointed shall be persons entitled to be registered as surveyors under this Act.
The names of the first members of the Board shall be published in the Gazette, and thereupon the Board shall be deemed to be duly constituted under this Act.
(6.) Appointments shall thereafter be made on or before the fourteenth day of January of every year.
(7.) If in any year the Institute fails in the nomination of any person or persons to be a member or members before the seventh day of January, an appointment or appointments shall be made by the Governor in Council without nomination.
(8.) The Governor in Council shall fill up any extraordinary vacancy caused by the death, resignation, or removal of any member of the Board, by the appointment of some surveyor.
(9.) The members other than the Surveyor-General shall go out of office on the fourteenth day of January of every year, but shall be eligible to be reappointed.
10. Every appointment of a member or members shall be notified in the Gazette.
5. The rules set forth in the Second Schedule to this Act shall apply Rules for to the business, conduct, and proceedings of the Board, and shall be conduct of observed.
the Board. Schedule II.
6. The Board may from time to time appoint a secretary and such Board may examiners and other officers as they think necessary for giving effect to star this Act, and, with the approval of the Governor in Council, may pay examiners, to such officers such salary (or fees) and allowances as they think fit.
All such persons shall hold office during the pleasure of the Board. Nothing in this Act shall be construed to prevent the Board from appointing one of their members to be the secretary, or one or more of their members to be an examiner or examiners, or from paying to him or them such fees in that behalf as may be prescribed.
and other officers.
7. Subject to this Act, every person shall be entitled to be registered Persons as a surveyor upon making application in the prescribed form, and entitled to be proving to the satisfaction of the Board that such person
(i.) Has attained the age of twenty-one years, and is of good
(ii.) Holds a surveyor's license from the Secretary for Public
(iv.) Is qualified to practise as a surveyor in any co-operating