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General

certain by the

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respect of such Time as may have elapsed since the Day of such Resignation, and a like proportionate Part thereof to be paid to the Executors or Administrators of such Assistant Judge up to the Day of his Death in respect of such Time as may have elapsed since the 5 last Day of Payment.

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7

A

BILL

TO

Repeal the annual Certificate Duty payable by
Attornies, Solicitors, Proctors, Writers to the
Signet, and Notaries and to amend the Law
relating to the Registratiou of Attornies and
Solicitors,

[Note. The Words printed in Italics are proposed to be inserted
in Committee.]

W

"

5"

HEREAS under or by virtue of an Act passed in the Preamble.
Fifty-fifth Year of the Reign of His Majesty King George

the Third, intituled "An Act for repealing the Stamp Duties 55G.3.c.184.

on Deeds, Law Proceedings, and other written or printed Instruments, and the Duties on Fire Insurances, and on Legacies, and " Successions to Personal Estate upon Intestacies, now payable in "Great Britain, and for granting other Duties in lieu thereof," and by an Act passed in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled "An Act to assimilate the Stamp Duties 5 & 6 Vict.

66

10 " in Great Britain and Ireland, and to make Regulations for col- c. 82.
lecting and managing the same," certain Stamp Duties specified
and contained in the Schedules to the said Acts annexed were
granted and made payable in Great Britain and Ireland for or in
respect of (amongst other things) Certificates to be taken out yearly
15 by every Person admitted as an Attorney or Solicitor in any of His
Majesty's Courts at Westminster and Dublin, or in any of the Courts
of the Great Sessions in Wales, or of the Counties Palatine of
Chester, Lancaster, and Durham, or in any other Court in England
239.

A

and

Duties on

ficates to be

and Ireland holding Pleas where the Debt or Damage amounts to
Forty Shillings, and by every Person admitted as a Proctor in any
of the Ecclesiastical or Admiralty Courts in England and Ireland,
and by every Person admitted as a Writer to the Signet, or as a
Solicitor, Agent, Attorney, or Procurator, in any of the Courts in 5
Scotland, and by every Person admitted or enrolled as a Notary
Public in England, Scotland, or Ireland: And whereas it is expe-
dient that the said Duties in respect of such Certificates should be
repealed: Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords Spiritual 10
and Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same.

I. That from and after the Fifteenth Day of November One thouannual Certi- sand eight hundred and fifty-three the Duties aforesaid shall cease taken out by and be no longer paid or payable: Provided always, that such of the 15 said Duties as shall then have accrued or have become payable or due shall be recoverable by the same Ways or Means, and with such and the same Penalties, as if this Act had not passed.

Attornies,

Solicitors, Proctors, &c., repealed.

Every Attorney and Solicitor to

take out annually, between the

15th Novem

II. Every Person who has been or shall be admitted or enrolled

as an Attorney or Solicitor in any Court of Law or Equity in England 20 or Wales shall annually, between the Fifteenth Day of November and the Sixteenth Day of December, during such Time as he shall continue to practise as an Attorney or Solicitor, or before he shall act as an Attorney or Solicitor, or as such Attorney or Solicitor shall sue out any Writ or Process, or commence, carry on, solicit, or defend 25 Certificate to any Action, Suit, or other Proceeding, in the Name of any other to practise. Person, or in his own Name, in Her Majesty's High Court of

ber and the

16th December, a

entitle him

:

Chancery, or Courts of Queen's Bench, Common Pleas, or Exche-
quer, or Court of the Duchy of Lancaster, or Court of the Duchy
Chamber of Lancaster at Westminster, or in any of the Courts of 30
the Counties Palatine of Lancaster and Durham, or in any Court
of Bankruptcy, or in any Court for the Relief of Insolvent Debtors,
or in any County Court, or in any Court of Civil or Criminal Juris-
diction, or in any other Court of Law or Equity, in that Part of the
United Kingdom of Great Britain and Ireland called England and 35
Wales, or act as an Attorney or Solicitor in any Cause, Matter, or
Suit; civil or criminal, to be heard, tried, or determined in either
of the Houses of Parliament, or before any Justice of Assize of Oyer
and Terminer or Gaol Delivery, or at any General or Quarter Sessions
of the Peace for any County, Riding, Division, Liberty, City, Borough, 40
or Place, or before any Justice or Justices, or before any Commis-
sioners of Her Majesty's Revenue, obtain from the Registrar of
Attornies and Solicitors a Certificate of his being duly enrolled as
an Attorney or Solicitor.

III. Every

unts to in any Ireland,

Or as a

arts

Notary

expe

ald be

ellert

iritual !!

abled.

thon

rease

due

and

led

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ber

f

3

shall bear

III. Every Certificate issued by virtue of this Act between the When such Fifteenth Day of November and the Sixteenth Day of December in Certificate every Year shall bear Date on the Sixteenth Day of November in Date and such Year, and every Certificate issued at any other Time shall bear when de5 Date on the Day on which the same shall be issued; and every such termine. Certificate shall cease and determine on the Fifteenth Day of November then next following.

Attornies

IV. From and after the said Fifteenth Day of November One Registrar of
thousand eight hundred and fifty-three there shall be a Registrar and Solici
10 of Attornies and Solicitors admitted or enrolled in any such Court of tors to keep
Law or Equity in England or Wales, and it shall be the Duty of such a Roll.
Registrar to keep an alphabetical Roll or Book, or Rolls or Books,
of all Attornies and Solicitors, and to issue to Persons who have been
admitted and enrolled as Attornies or Solicitors Certificates entitling

15 them to practise as such; and it shall and may be lawful to and for
the Lord Chief Justice of Her Majesty's Court of Queen's Bench,
the Master of the Rolls, the Lord Chief Justice of the Court of
Common Pleas, and the Lord Chief Baron of the Court of Exchequer,
(or any Three of them, of whom the Master of the Rolls shall be

20 One,) to make such Orders, Directions, and Regulations touching
the Performance and Execution of the Duties aforesaid as they shall
think proper; and such Registrar, or some Person duly appointed by
him, shall have free Access to, and shall be at liberty from Time
to Time to examine and take Copies or Extracts, without Fee or

25 Reward, of all Rolls or Books kept for the Enrolment of Attornies
and Solicitors in any of the Courts at Westminster, and for the
Enrolment of Attornies and Solicitors in the Court of the Duchy of
Lancaster, or Court of the Duchy Chamber of Lancaster at West-
minster, or in any Courts of the Counties Palatine of Lancaster and
30 Durham; and the Duties of such Office of Registrar shall be
performed as in the Manner provided and directed by an Act passed
in the Session of Parliament held in the Sixth and Seventh Years of
the Reign of Her present Majesty, intituled "An Act for consoli- 6 & 7 Vict.

35

66

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66

dating and amending several of the Laws relating to Attornies c 73.

" and Solicitors practising in England and Wales," by the “ Incorporated Society of Attornies, Solicitors, Proctors, and others, not being Barristers, practising in the Courts of Law and Equity of "the United Kingdom," whether by their present or any future Charter of Incorporation, unless and until the Lord Chief Justice of 40 the Court of Queen's Bench, the Master of the Rolls, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, (or any Three of them, of whom the Master of the Rolls shall be One,) shall by any Order under their Hands, which Order they are hereby authorized and empowered to make, 45 appoint any fit and proper Person to perform the said Duties in the Place

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