and every enrolled law agent who has paid the stamp-duty exigible by law on admission to practice as an agent before the Court of Session shall be entitled to subscribe the said roll, and the said clerk shall be paid a fee of five shillings for each subscription, and every agent shall, on subscribing the said roll, deliver to the said clerk a note specifying his place of business, and shall deliver a similar note so often as he shall change the same. 13. [Roll to be kept of agents practising in the Sheriff Courts.]—A roll of agents practising in any Sheriff Court shall be kept by the sheriff-clerk in such form as the Lord President of the Court of Session may direct, and every enrolled law agent who has paid the stamp-duty exigible by law on admission to practice as an agent before a Sheriff Court shall be entitled to subscribe the said roll, and the sheriff-clerk shall be paid a fee of five shillings for each subscription, and every agent shall, on subscribing the said roll, deliver to the sheriff-clerk a note specifying his place of business, and shall deliver a similar note so often as he shall change the same. 14. [Lord President may make rules for keeping and subscribing rolls. It shall be lawful for the Lord President of the Court of Session, from time to time, to issue rules and directions with respect to the keeping and subscription of the rolls directed to be kept by the two preceding sections, and such rules and directions shall be observed and obeyed by the several keepers of the said rolls. The name of any person shall be struck off the said rolls, (1) In obedience to the order of the court, upon application duly made, and after hearing parties, or giving them an opportunity of being heard; (2) Upon his own written application. 15. [Borrowing process.]—A law agent shall not be entitled to borrow a process depending before any supreme court sitting in Edinburgh unless he shall have a place of business in Edinburgh or Leith; and a law agent shall not be entitled to borrow a process depending before an inferior court unless he shall have a place of business within the jurisdiction of such court. 16. [No one to practice before a Court unless he has subscribed the roll of agents.]-From and after the first day of February Eighteen hundred and seventy-four no person shall be allowed to practice as an agent in the Court of Session or any Sheriff Court until he shall have subscribed the roll of agents practising before such court, or after his name shall have been struck off such roll, unless the same shall have been subsequently restored thereto. 17. [Provision as to Sheriff Court practitioner qualifying for enrolling as agent in the Court of Session.]—An enrolled law agent who has paid the stamp-duty exigible by law on admission to practise as an agent in a Sheriff Court shall be qualified to sign the roll of agents practising in the Court of Session on paying the difference between such duty and the duty chargeable on admission to practise in the Court of Session. 18. [Enrolled law agents to be admitted as notaries public.]—Any enrolled law agent may apply to the court to be admitted a notary public and it shall be lawful for the court to admit him, and grant warrant to the keeper of the roll or register of notaries public to enrol him as a notary public on his paying the stamp-duty for the time exigible by law from a notary public on admission, and after the passing of this Act it shall not be necessary for any person to find caution on his admission as a notary public. 19. [Societies may admit enrolled law agents to membership.]—Any society of law agents may, notwithstanding any law, statute, or usage hitherto in force, admit any enrolled law agent to be a member of it on such terms as it may see fit. 20. [Of admission to membership of law societies.]-It shall be lawful for any society of law agents to accept of an apprenticeship for five years served under the provisions of this Act with an enrolled law agent, although not a member of such society, as a qualification for admission to such society. 21. [Agreements between agents as to sharing fees.]—Agreements between law agents acting for the same client to share fees or profits shall be lawful, and a law agent authorised and acting for a client whom he discloses shall incur no liability to any other law agent employed by him, except such as he shall expressly undertake in writing. 22. [Law agents to be subject to jurisdiction of the Court.]-Every enrolled law agent shall be subject to the jurisdiction of the court in any complaint which may be made against him for misconduct as a law agent, and it shall be lawful for the court in either division thereof to deal summarily with any such complaint and to do therein as shall be just. 23. [Act not to interfere with law as to certificates.]-Nothing in this Act contained shall interfere with the obligation of any law agent to obtain a stamped certificate. 24. [The Court may, within one year after the passing of the Act, admit notaries public to be enrolled, if they see fit.]-Any person, being a notary public, who has during the period of seven years immediately preceding the passing of this Act regularly taken out a stamped certificate as required by law, and who has during the said period been engaged in actual practice as a law agent or conveyancer as well as a notary public, may at any time within one year after the passing of this Act be admitted as a law agent under this Act, if the court shall see fit, without making an affidavit of having served an apprenticeship as herein before required, and without being subjected to examination. 25. [Repealing clause.]-From and after the first day of February One thousand eight hundred and seventy-four, "The Procurators (Scotland) Act, 1865," shall be and the same is hereby repealed, but such repeal shall not prevent societies which, prior to the passing of this Act, were formed under the said Act, from continuing to exist as incorporated societies, and electing such office-bearers as they please, and admitting members on such terms as they see fit; provided always, that it shall not be necessary for any agent admitted under this Act to become a member of any such society. 26. [Proviso as to existing powers of inferior courts.]-Except in so far as relates to striking the name of any person off the roll of law agents, nothing in this Act shall be held to affect the existing powers of inferior courts or the judges thereof over procurators practising before such courts, so far as these powers may be necessary for supporting the jurisdiction and maintaining the authority of their several courts. ACT of SEDERUNT appointing Examiners of Law Agents. Edinburgh, 6th November 1873. The Lords of Council and Session, in pursuance of the Act 36 and 37 Victoria, c. 63, § 8, nominate and appoint James Stuart Tytler, Professor of Conveyancing in the University of Edinburgh; Robert Berry, Master of Arts, Professor of Roman Law and the Law of Scotland in the University of Glasgow; George Grub, Doctor of Laws, Lecturer on Scots Law and Conveyancing in the University of Aberdeen; John Thomson Mowbray, Writer to the Signet, Edinburgh; John Carment, Solicitor before the Supreme Court, Edinburgh; James Roberton, Doctor of Laws, a member of the Faculty of Procurators, Glasgow; John Boyd Baxter, President of the Society of Procurators and Solicitors, Dundee; and Charles Duncan, a member of the Society of Advocates, Aberdeen, to be Examiners for the purposes of the said Act; and further, appoint the said James Stuart Tytler to act as chairman at all meetings of the said examiners. And the Lords direct and ordain the stated meetings of the said examiners for the examination of persons applying for admission as Law Agents, to be held in Edinburgh four times in the year. Further, the Lords appoint a special meeting of the examiners to be held in the Exchequer Chambers, Edinburgh, on Friday, the 14th November current, at three o'clock P.M. And the Lords appoint this Act of Sederunt to be inserted in the Books of Sederunt, and to be printed and published in the usual form. JOHN INGLIS, I.P.D. ACT OF SEDERUNT anent Examinations of Law Agents. Edinburgh, 20th December 1873. The Lords of Council and Session, considering that by section 8th of the Act of the 36th and 37th year of Her Majesty Queen Victoria, chap. 63, entituled "An Act to amend the Law relating to Law Agents practis I. That when the Judge, to whom a petition for admission of a law agent has been presented under the 7th section of the Act, shall require the applicant to be examined under the provisions of the 8th section, he shall remit the applicant to the examiners appointed by the court. II. The examination of the applicant under such remit shall be held in Edinburgh, and shall embrace the following subjects : (1) GENERAL KNnowledge. Latin. The First and Second Books of the Eneid. Logic (Jevon's Elementary Lessons). (2) LAW. The Law of Scotland, Civil and Criminal. Erskine's Institute. Bell's Prin- Forms of Process, Civil and III. The examination in general knowledge above prescribed may take place, in the option of any intending applicant, as an entrance examination before entering into indenture of apprenticeship, or at any time before the applicant's petition to the court for admission as a law agent, and, in either of these cases, it may be held either in Edinburgh, Glasgow, Aberdeen, or Dundee, and VI. It shall not be necessary for any apprentice or applicant, for admission as a law agent, to undergo any entrance examination or examination in general knowledge, where such examinations are dispensed with by the said Act, and also in the following cases, viz: (1) If the apprentice or appli- (2) If he have attended in three VII. All the examinations shall be conducted partly orally and partly in writing. VIII. Any three of the examiners appointed by the court shall be a quorum at any examination, and the statutory fee to the examiners shall be paid by the applicant previous to each of the said examinations. And the Lords appoint this Act to be entered in the Books of Sederunt, and to be published in common form. JOHN INGLIS, I.P.D. ACT OF SEDERUNT to Amend the Act of Sederunt of 20th December 1873, anent Examinations of Law Agents.-Edinburgh, 28th January 1874. The Lords Enact and Declare, I. That the 4th section of the said Act of Sederunt shall not be held to apply to candidates for admission as law agents, who, prior to the passing of the said Act of Sederunt, have attended, or have commenced to attend the classes of Scots Law and Conveyancing in a Scottish university; but such candidates shall be held to have sufficiently qualified themselves by attendance on such classes, though their attendance may not have been in two separate winter sessions, and though they may not have taken part in the examinations of such classes. II. Whereas, by the statute 36 and 37 Vict. cap. 63, sec. 9, provision is made for the remuneration of the examiners to be appointed by the court, by requiring each applicant for admission as a law agent, prior to his examination, to pay two guineas to the chairman, to be divided among the examiners present, but no provision is made by the said statute for defraying the expenses attending the conduct of the said examinations: And whereas the judges of the court, or any seven or more of them (of whom the Lord President and Lord Justice-Clerk shall be two), are, by the 8th section of the said statute, empowered said examinations; and it is necessary for the proper conducting of the said examinations, that provision should be made for defraying the expenses attending the same: The Lords appoint and ordain each applicant for admission as a law agent, at the time of presenting his petition to the court, to pay to the clerk of the examiners the sum of thirty shillings, to be applied by the examiners in defraying the said expenses. III. It shall be the duty of the clerk of the examiners:(1) To attend, when required, the meetings of the examiners, and to keep their minutes and records. (2) To arrange diets of examina- when required, petitions for to make rules for conducting the And the said clerk shall be remuner |