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of 7 Geo. 2. c. 5.

at

s. 2. Ir.

such service to

ticeship for 5 years, to a six-clerk of the court chancery in this kingdom, or in England, or to an torney of one of the said other courts in this kingdom or to a solicitor admitted and licensed as herein mentioned, or to an attorney or solicitor duly admitted and licensed in England; and who shall not, before such admission, procure an affidavit of such service to be made in the court where such person shall be admitted, or before some person authorized by such court to take affidavits, in case such service be in this kingdom; but in case such service be in England, then before a master of chancery there; which affidavit shall be filed in Affulavit of such office, belonging to such court, as the lord chan- be filed, cellor, or the judges of the respective courts where such person shall be admitted, shall appoint; for the filing of which affidavit, or swearing the same, no fees shall be taken; and shall take all the oaths and subscribe the declaration (against popery*) required of persons to Oaths of allesbe admitted into offices by the 2 Ann. c. 6. Ir. But if it ance, &c. to be shall afterwards appear to the lord chancellor, or the judges of the respective courts, that the facts in any such affidavit are not true, it shall be lawful for the lord chancellor, &c. to declare the admission of such attorney or perjury therein. solicitor to be void; and after such declaration such attorney, &c. shall be disabled to practise, and shall be liable to be prosecuted for perjury. And by s. 4. every master in chancery, barrister, six-clerk, attorney, and officer of any of the four courts, and every deputy of be taken by atsuch officer, and every solicitor to be licensed by this tornies, &c. act, shall take the following oath :-" I, A. B. do sin"cerely promise and swear, that I will not willingly or

knowingly suffer any [barrister at law] attorney, so❝licitor, or other person, who by any act of Parliament "made in this kingdom is disqualified to practise as a "[barrister at law,] attorney, or solicitor, to act or prac"tise in my name in any suit, cause, or matter, in any "court of law or equity in this kingdom," which oath

So much of this act and of the 6 Aun. c. 6. Ir. and 17 Geo. 2. c. 20. Ir. as excluded papists, or persons married to papists, or educating their child en in the popish religion, from being attornies, or solicitors, o apprentices or elerks, is repealed by the 32 Geo. 5. c. 21. s. 2. 3. 4. 5 & 6. Ir.

taken.

Penalty for

S. 4.

Further oath to

s. 5.

Summary mode of convicting

and punishing disqualified persons acting as solicitors.

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every master in chancery, six-clerk, attorney and officer, and solicitor, shall take in any of the said courts in which he shall be admitted or licensed, at the time of such admission, or granting such license; which oath the lord chancellor, and the judges of each of the four courts, or any of them, are empowered to a administer; and in case they shall omit to take the omit to take the same they shall be incapable of acting or practising until they take such oath. And by s. 5, the judges of the respective courts are required, on reasonable suspicion, or on notice given to them in writing, signed by the person giving such notice, to summon any disqualified solicitor who shall presume to act, and such other persons as such judges shall think proper, to appear before such judges, and to examine upon oath such other persons in relation to such practice; and, if such disqualified person shall upon summons in writing duly served refuse or neglect to appear, or if, after appearance, by his voluntary confession, or proof made upon oath, it shall appear that he has acted as a solicitor, to punish such disqualified solicitor, as for a contempt of court, by fine or imprisonment, so as such fine do not exceed £50. nor be less than £25. and so as such imprisonment do not exceed 6 months; but in case of such punishment, such party shall not be liable to any other punishment. And by s. 6. every person shall be deemed a solicitor who, (not being a barrister duly qualified, master in chancery, sixclerk, or officer of one of the said courts, or his deputy, attorney, or qualified solicitor,) draws, dictates, or abbreviates pleadings, or transcribes or abbreviates any depositions or other evidence, in order to be made use of in any suit at law, or in equity, or takes upon himself the direction or management of any cause or suit, or the defence thereof, in any of the said four courts, wherein he is not a party, nor concerned in interest, By s..7. every solicitor shall be licensed or authorized to practise by the lord chancellor, master of the rolls, lord chief Chancellor, &c. baron and other barons of the exchequer, by writing under their hands and seals; and such license shall be

s. 6.

Who to be deemed solicitors.

s. 7.

Solicitors to be bcensed by

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registered

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s. 3.

s. 17.

Disqualified

registered, in such office as the respective courts shall
appoint, before they shall practise. And by s. 8. the
respective courts in which any solicitor shall be licensed Their names to
be posted the
and registered, shall on the first day of the next term next term,
cause his name to be wrote on paper or parchment, and
fixed in the most public place of such court, there to
remain for that terin. By s. 17. no person shall practise
as solicitor before the justices of assize, or oyer and ter-
miner, and gaol delivery, in their respective circuits, or
before the commissioners of the revenue, or their sub-
commissioners, or the commissioners of appeal, unless
such person may lawfully act in one of the four courts in
Dublin; and in case any disqualified person shall practise
as a solicitor in such circuits, &c. he shall be punished
as by this act is appointed. Provided (s. 18.) that this
act shall not extend to any prosecutions for any crimes
that are to be punished with death; but such persons capital cases.
may practise in such suits as before this act.

persons acting on circuit, &c. liable to penalties.

s. 18.

Fxception as to

appointed in the

13 & 14 Geo.3.

c. 13. s. 1. Ir.

3.2.

By the 13 & 14 Geo. 3. c. 23. s. 1 Ir. the judges of the Examiners to be king's bench, or any two of them, are required to ap- court of K. B. point the prothonotary of said court, or his deputy, and 4 of the most reputable practising attornies of said court, to examine all persons applying to be admitted attornies of said court, to continue during the pleasure of said court; and if said persons shall be displaced, disqualified to act, or disabled to practise, to appoint others in their places, so that the number of examiners shall not be less than four. And by s. 2. the judges of the common pleas, or any two of them, are in like manner empowered and required to appoint the prothonotary of that court, or his deputy, and 4 other attornies of said court, to examine persons applying to be admitted attornies thereof. And by s. 3. the barons of the exchequer, or any two of them, are required in like manner to appoint Who examiners the chief remembrancer, the treasurer, or second remem- in Exc. brancer, and the clerk of the pleas of the exchequer, or their deputies, and 4 attornies of said court, to examine persons applying to be admitted attornies thereof. By

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4. no person shall be admitted an attorney of any of said courts, unless, besides the requisites appointed

by

The like in C. B.

8.3.

3.4.

Certificates of by the 7 Geo, 2. c. 5. such person shall first procure a

S examiners as

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lification for an attorney.

s. 5.

to morals, &c. certificate of the said examiners, or 3 of them, setting forth that they have strictly inquired and examined into the morals and qualifications of the person so applying to be admitted an attorney, and that they think him a proper person to be so admitted; which certificate shall be filed in the court of which such person shall SO apply to be admitted; and a certificate thereof shall be openly read in the said court previous to his being sworn an attorney. And by s. 5. every person who shall so apply to be admitted, shall give notice thereof in writing, Notice required to be posted of to be posted upon each of the said courts one full term application for admission. preceding such intended application, specifying therein his name and surname, whom he served, the names and additions of his parents, and, if they be living, where they reside; and such publication of said notice shall be made appear to the said examiners of such court, or 3 of them, by an affidavit filed in the proper office of such court; and for the filing and attesting the copies thereof, 2s. shall be paid. By s. S. no person shall practise or make use of the name of any attorney of the said four courts, None to practise unless he shall have been regularly admitted an attorney name unless re- in some of said courts; and it shall be lawful for the gularly admitjudges and barons of said courts respectively, wherein any person not properly qualified shall act or practise, or make use of the name of any attorney, by order of court to require such person, and every other person they shall think proper, to appear before them in court, and to examine upon oath such person in relation to such Conviction and practice; and if such unqualified person, or such person

a. 9.

or use attorney's

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permitting his name to be made use of, shall, upon such order being duly served upon him, refuse or neglect to appear, or if, after appearance, by his confession, or by proof made upon oath, it shall appear that such person hath so practised, or permitted his name to be made use of, then it shall be lawful for said judges and barons respectively to punish such person as for a contempt of court. But it is provided, (s. 9.) that this act shall not extend to prevent the said judges or barons from examining and inquiring into the character and qualificati

ons

ons of such persons as shall apply to be admitted attornies, or from admitting, or refusing to admit such persons, in such manner as heretofore lawfully used*.

register their

Ir.

S. 14.

With respect to apprentices: The 7 Geo. 2. c. 5. Apprentices to s. 3. Ir. enacts that every six-clerk, attorney, or solicitor, indentures. shall, in the next term after his taking an apprentice, 7 Geo. 2. c. 5. register the indentures of apprenticeship, in such offices. 3. Ar as the respective courts shall appoint; for which registry such apprentice shall pay 1s.; and in default of such registry, no such apprentice's service shall qualify him to be admitted an attorney or solicitor. And by s. 14. if any six-clerk, attorney, or solicitor, to whom any person In case of shall be bound by indenture, shall die before the expi- death, &c. of ration of the 5 years, or if such contract shall by mutual consent be vacated, or in case such clerk be discharged . by order of the court, wherein such six-clerk &c. shall practise, before the expiration of said 5 years, then, if such clerk shall, by indenture, serve as a clerk to any other six-clerk, &c. who shall be qualified as hereby directed, during the residue of said 5 years, such service shall be deemed as good, as if such clerk had continued to serve the person to whom he was originally

master, residue of term may be served with

another.

c. 23. s. 6. Ir.

apprentices.

bound. The 13 & 14 Geo. 3. c. 23. s. 6. Ir. further 13 & 14 Geo. 3. provides, that no person shall be admitted an attorney, unless he shall make appear to the judges of the court in Affidavit rewhich he applies to be admitted, by affidavit to be filed qued for such in the proper office, or an attested copy thereof, (for the filing and copy of which 2s. shall be paid) or in such other manner as such judges shall appoint, that as well the attorney to whom he shall have been bound, shall have served according to the 7 Geo. 2. c. 5. as also that the person so applying to be admitted shall have, for 3 years next before such application, attended for 2 terms at least in every year at the four courts in Dublin, or such one of them whereof such attorney is a member. Provided (s. 7.) that in case of sickness, or unavoidable

By the 3 Edw. 4. c. 2. Ir. the fees for attorneyship in every plea, by writ or bill, are limited to 12d. and for the copy of every writ original 4d, and for the copy of other bills and records by the discretion of the justices; and if any clerk, attorney, keeper of writs or records, shall take more, or refuse to be attorney, or refuse the copy of `any writ, bill, or record, he shall lose to the party grieved 100s. and be forejudged the court, but the clerks of chancery are hereby excepted.

accident,

s. 7.

Proviso.

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