this Act contained shall be construed to alter or affect the law of Scotland in force at and prior to the passing of this Act relating to the proof of a promise of marriage in any action of declarator of marriage founded upon promise of marriage, cum copula subsequente. 4. [Short-hand writers may be employed to record evidence in Sheriff Courts.]-In every case of a proof in a civil cause or proceeding in a Sheriff Court in Scotland, and in every case of evidence being taken in any such cause or proceeding to lie in retentis, the following provisions shall have effect: (1) It shall be competent to the Sheriff, on the motion of any party to the cause or proceeding and if he sees fit, to cause the evidence to be taken down and recorded in short-hand by a writer skilled in short-hand writing, to whom the oath de fideli administratione shall be administered, provided that the Sheriff shall himself dictate to the short-hand writer the evidence he is to record, and a note of the documents adduced and any admissions made by the parties: (2) When a short-hand writer is so employed he shall be appointed by the Sheriff and paid by the parties in the first instance equally, and the extended notes of such short-hand writer, certified by him as correct, shall be the record of the oral evidence in the case; provided that, should the correctness of the said record of evidence be questioned, it shall be competent to the Sheriff to satisfy himself in regard thereto, by the examination of witnesses or otherwise, and, if necessary, to amend the said record. 5. [Interpretation of terms.]—In this Act the term "Sheriff" includes Sheriff-Substitute, and any person appointed by a Sheriff to take evidence on commission according to the present law and practice. 6. [Short title.]-This Act may be cited for all purposes as "The Evidence Further Amendment (Scotland) Act, 1874." PART VIII. PROCURATORS. 36 & 37 Vict. c. 63.-An ACT to amend the Law relating to Law Agents practising in Scotland.—5th August 1873. Be it 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, as follows: 1. [Interpretation of terms.]—The following words and expressions when used in this Act shall have the meanings hereby assigned to them; that is to say, "The Court" shall mean the Court of Session: "Law Agent" shall include Writers to the Signet, Solicitors in the Supreme Courts, Procurators in any Sheriff Court, and every person entitled to practise as an agent in a court of law in Scotland: "Enrolled Law Agent" shall mean any Law Agent enrolled pursuant to the provisions of this Act: "The Registrar" shall mean the Registrar of Law Agents under this Act. 2. [Admission, enrolment, and powers of Law Agents.]-From and after the passing of this Act no person shall be admitted as a Law Agent in Scotland except in accordance with the provisions of this Act. Every enrolled Law Agent shall be deemed to be admitted, and, subject to the provisions of this Act with respect to stamp duty and subscribing the roll of Law Agents appointed to be kept for the Court of Session and the several Sheriff Courts respectively, shall be entitled to practise in any court of law in Scotland. 3. [Lists to be certified of members of certain Societies. Registrar to enrol them.]-On or before the first day of February Eighteen hundred and seventy-four the Deputy Keeper of the Signet, or other person to be appointed for the purpose by the Society of Writers to the Signet, the president of the Incorporated Society of Solicitors in the Supreme Courts, or other person to be appointed for the purpose by that Society, and the president or dean of each Society of Law Agents which before the passing of "The Procurators (Scotland) Act, 1865," was incorporated by Act of Parliament or Royal Charter, or other person to be appointed for the purpose by each such Society shall respectively prepare and deliver to the Registrar certified lists containing the names and designations of all persons who then are members of such Societies respectively, and the Registrar shall enrol as a Law Agent every such person on his applying to be enrolled and grant to him a certificate of his enrolment. 4. [Lists of Procurators to be certified. Registrar to enrol them.]—The sheriff-clerk of each county shall, on or before the first day of February Eighteen hundred and seventy-four, prepare and deliver to the Registrar certified lists containing the names and designations of all persons admitted as Procurators in the Sheriff Court of the county previous to that date and not included in any of the lists delivered under the preceding section, and the Registrar shall enrol as a Law Agent every such person on his applying to be enrolled and grant to him a certificate of his enrolment. 5. [Provisions as to the qualification of applicants for admission as Law Agents in future.]—With respect to the qualifications for admission as Law Agents under this Act the following provisions shall have effect : (1) An applicant for admission must be twenty-one years of age, and must, except in the cases after mentioned, have served an apprenticeship of five years with a practising Law Agent, or with a sheriffclerk in office at the passing of this Act. (2) An apprenticeship entered upon after the passing of this Act must be served under indenture, and the indenture shall be recorded in the register of probative writs of the county in which the same is entered into and intimated to the Registrar within six months from the date fixed for the commencement of the apprenticeship, and any assignation of such indenture shall be intimated to the Registrar within six months of its date. (3) Any person who before the passing of this Act has entered upon an apprenticeship, with or without indenture, for a shorter term than five years, with a master qualified according to the law then existing, may serve, without indenture, with the same or another master the additional period necessary to make up five years. (4) When from necessary or reasonable cause the whole period of apprenticeship under an indenture cannot be completed with the master therein named, the remainder of the period may be completed with another qualified master. (5) A master may permit his apprentice to serve any part of his term, not exceeding two years, with another qualified master. (6.) [Cases in which service for the term of three years will suffice.]—Any of the following persons shall be qualified to apply for admission, if he shall have served an apprenticeship as aforesaid for three years; that is to say, (a) A person who, either before or after the passing of this Act, shall for five years have been a clerk to, and engaged under the superintendence of a practising law agent, in such business as is usually transacted by law agents; (b) A person holding a degree in law or in arts of an university in Great Britain or Ireland granted after examination ; (c) A member of the faculty of advocates ; (d) A person who has been called to the degree of utter barrister in England; (e) A person who has been admitted and enrolled as an attorney or solicitor in England. 6. [Apprentices before admission to make affidavit of having served.]— Every person shall, before he be admitted a law agent according to this Act, make affidavit that he has actually served an apprenticeship to a qualified master or masters during the whole time required by this Act. 7. [Admission and enrolment of applicants as Law Agents.]-Any person qualified as herein before provided may present to the court a petition praying to be admitted as a law agent, and the court shall examine and inquire, by such ways and means as they shall think proper, touching the indenture and service and the fitness and capacity of such person to act as a law agent; and if the court shall be satisfied by such examination, or by the certificate of examiners as herein after mentioned, that such person is duly qualified and fit and competent to act as a law agent, then and not otherwise the court shall cause him to be admitted a law agent, and his name to be enrolled as such, which admission shall be in the writing and signed by a judge of the court, and shall be stamped with the stamps required by law to be impressed on the admission of law agents. The petition may be presented to any judge of the court officiating as a Lord Ordinary, and the proceedings under the same may take place and be conducted before the same or any other judge according to the judicial arrangements in the court for the time being, and a single judge shall be entitled to act as the court with reference to all petitions for admission as a law agent under this Act. 8. [The Court empowered to appoint Examiners.]-For the purpose of facilitating the inquiry touching the due service under indenture as aforesaid, and the fitness and capacity of any person to act as a law agent, it shall be lawful for the judges of the court (or any seven or more of them, of whom the Lord President and Lord Justice-Clerk shall be two) from time to time to nominate and appoint fit and proper persons to be examiners for the purposes of this Act; and it shall be lawful for the said judges from time to time to prescribe the subjects of examination in law and general knowledge, and to make rules for conducting such examinations, and also for entrance examinations of apprentices and intermediate examinations. 9. [Quorum of examiners, fees of examination, &c.]-Three examiners shall be a quorum at any examination, and the examiners present shall appoint one of their number to be chairman, and each applicant shall, prior to his examination, pay two guineas to the chairman to be divided among the examiners present. 10. [Exceptions to the rule that applicant shall undergo examination as to fitness to practice.]-During the period of three years immediately following the passing of this Act, it shall be lawful for the court to admit an applicant although he shall not have complied with the provisions of this Act with respect to qualifications for admission, provided he shall establish to the satisfaction of the court that at the date of the passing of this Act— (1) He was entitled to be admitted a procurator under "The Procurators (Scotland) Act, 1865;" or (2) He was in course of qualifying himself for admission according to the provisions of "The Procurators (Scotland) Act, 1865," and that at the date of his application he would according to these provisions have been qualified to be taken upon examination by the examiners under that Act, and shall undergo an examination under this Act; but no person who was under indenture at the passing of "The Procurators (Scotland) Act, 1865," or who had completed his term of apprenticeship prior to the passing of this Act, shall be required to undergo an examination in general knowledge under this Act. (3) He had been remitted to the general council of procurators for examination, and is before first October next certified by them to be qualified. 11. [Appointment and duties of Registrar.]—One of the principal, depute, or assistant, clerks of session, to be nominated from time to time by the Lord President and Lord Justice-Clerk, shall be the Registrar of law agents under this Act. It shall be the duty of the Registrar to keep an alphabetical register of all enrolled law agents, and enrolment in such register shall be deemed to be enrolment under this Act, and he shall strike out the name of any law agent on an order of the court, or on application made to him by such agent in writing to that effect; and he shall on the application of any enrolled law agent grant a certificate of his enrolment, and shall receive for each enrolment in the register and certificate of enrolment a fee of two shillings and sixpence. The register shall be kept in the office, in the Register House, of the principal, depute, or assistant, clerk of session acting for the time as Registrar, and the Registrar shall, in keeping the same, and generally in the discharge of his duties, give obedience to such directions as he may from time to time receive from the Lord President and Lord Justice-Clerk. 12. [Roll to be kept of agents practising in the Court of Session.]—A roll of the law agents practising before the Court of Session shall be kept by the clerk of the Lord President in such form as the Lord President may direct, |