Power of
court to
strike off or Suspend notary public.
Power of Committer ia enquire into conduer
of solicitor.
Cardinance No 13 of .886.
10
35. The court shall have power on reasonable cause being shown to remove from or strike off the register kept under section 31 or to suspend from practice any registered notary public, whereupon the registrar shall enter a note of the court's order on the register in connection with the name of the notary public and, where the order so directs, shall remove or strike off the name.
96. (1) The Committee shall have power to enquire into and investigate the professional conduct of any solicitor-
(a) on receiving a complaint or allegation against a solicitor from any person;
(b) of its own motion;
(c) on having any matter referred to it by the court under the provisions of sub-section (2) of section 33,
(2) For the purpose of conducting any such enquiry or investigation the Committee shall have all the powers which are set out in section 3 of the Commissioners Powers Ordinance, 1886, as though the same had been specifically conferred upon them in the manner required by the provisions of that Ordinance.
(3) Where in the course of any enquiry or investigation under the provisions of paragraphs (a) and (b) of sub-section (1) of this section the Committee are of opinion that the facts and the available evidence in support of any complaint or allegation should be or become a matter for enquiry and determination by the court under sub-section (1) of section 33 or under any section of this Ordinance relating to an offence by any solicitor or an unqualified person the Committee may-
(a) institute and prosecute auch proceedings before any court as may appear to be required in any matter or may appoint any person for such purpose, or
(b) advise or otherwise assist any person making any complaint or allegation against a solicitor in relation to any proceedings before any court:
Provided that nothing herein shall affect or derogate from the general rights of audience conferred on the Society by section 28.
(4) The Committee may delegate to a sub-Committee appointed for the purpose all the powers conferred on it by this
section.
(5) The Society may subject to the approval of the Chief Justice, make rules, relating to or arising out of the conduct of any enquiry or investigation under this section.
(0) All proceedings by the Committee and any report made to the court under or in pursuance to this section shall be deemed to be privileged.
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RESTORATION TO TIN: ROLL. OR REGISTER,
37. (1) The Chief Justice may, if he thinks fit, at any time Power of order the registrar to replace on the roll the name of a barrister Chief Jualice or of a solicitor whose name has been removed from or struck off replace the roll.
22 and 13
name on roll.
(2) In the case of a solicitor whose name has been struck Geo. 5 off the roll for such an offence na is mentiqued in section 45, an 5.37.03. order under this section shall for the purposes of mub-section (3) of section 30 be deemed to be an ødmişsinn,
(3) The Chief Justice may, if he thinks fit, at any time order the registrar to replace on the register kept under section 31 the name of a notary public whose name has been removed or struck off therefrom.
PART TT.
Privileges, RESTRICTIONS AND OFFENCES IN CONNECTION WITH PRACTICE.
38. Every person who...
(a) not being a qualified barrister, either directly indirectly, practisca of acts as a barrister;
Penally for unlawfully or pacusing as
(6) not being a qualified notary public either directly or indirectly practises or acts as ʼn notary public; shall upon summary conviction be liable to a fine not exceeding two thousand dollara.
a barrister at notary public.
TO DE CO
38. (1) No unqualified person shall act as solicitor, or as auch Unqualified sue out any writ or process, or commence, carry on or defend any person not action, auit or other proceeding, in the name of any other person solicitor. or in his own name, in any court of civil or criminal jurisdiction 2 and 23. or act as a solicitor in any cause or matter, civil or criminal, to Geo. 5 be heard or determined before any court, magistrate or justices. 0.37645.
(2) If any person contravenes the provisions of this section he shall be guilty of a misdemeanour and of contempt of the court in which the action, suit, cause, matter or proceeding in relation to which he so acts is brought or taken and may be punished accordingly and shall be incapable of maintaining any action for any costs in respect of anything done by bim in the course of so acting, and shall, in addition to any other penalty or forfeiture and any disability to which he may be subject, be liable for each such offence to a penalty of one thousand dollars to be recovered, with full costs of action, by action brought in the court, by the Society with the snaction of the Attorney General. penalty recovered under this section shall be deemed to be a penalty due to the Crown and shall be paid into the general revenue of the Colony.
Any
40. Any unqualified person who wilfully pretends to be, or Penalty for takes or uses any name, title, addition or description implying pretending, to that he is qualified or recognized by law as qualified to act as a be a solicitor.
22 and 23. solicitor, shall be liable on summary conviction to a fine not exceeding five hundred dollars for each offence.
Gro. S 0.37. 5.46.