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PART V.
PRIVILEGES, RESTRICTIONS AND OFFENCES
IN CONNEXION WITH PRACTICE.
Penalty for
44.
Any person who-
onlawfully
(a)
as a barrister
practislog
or Hotary public.
Unqualified person not to act us solicitor. $46 Eliz.
2. c. 21, s. 18.
Penalty for
pretending
to be a solicitor,
5 & 6 Eliz
2 c. 27,
19.
not being a qualified barrister, either directly or indirectly. practises or acts as a barrister;
(b) not being a qualified notary public, either directly or indirectly,
practises or acts as a notary public,
shall be guilty of an offence and, upon summary conviction, shall be liable to a fine of two thousand dollars.
45. (1) No unqualified person shall act as a solicitor, or as such sue out any writ or process, or commence, carry on or defend any action, suit or other proceeding, in the name of any other person or ig his own name, in any court of civil or criminal jurisdiction or act as a solicitor in any cause or matter, civil or criminal, to be heard or determined before any court, magistrate or justice.
(2) Any person who contravenes the provisions of this section
shall-
(a) be guilty 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.
(8) be incapable of maintaining any action for any costs in respect
of anything done by him in the course of so acting:
(c) be guilty of an offence and, upon summary conviction, liable to a fine of two thousand dollars and to imprisonment for two years, and
(d) 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 five thousand dollars to be recovered, with full costs of action, by action brought in the Court, by the Society with the sanction of the Attorney General.
(3) Any 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.
46. Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is qualified or recognized by law as qualified to act as, a solicitor shall be guilty of an offence and on summary conviction shall be liable to a fine of two thousand dollars.
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to prepare
47. (1) Any unqualified person, not being a barrister or a notary Unqualified public, who, unless he proves that the act was not done for or in ex-person not pectation of any fee, gain or reward, either directly or indirectly- certain
(a) draws or prepares any instrument relating to movable or im- instruments,
movable property or to any legal proceeding; or
etc. 22 & 21 Gco.
46 & 47.
(b) draws or prepares any memorial or other document for the 5. 5. 37, 85.
purposes of the Land Registration Ordinance, or the New (Cap. 128). Territories Ordinance or makes any application or lodges any (Cap. 97). testimony for registration under either of those Ordinances at the Land Office or al any District Land Office,
shall be guilty of an offence and on summary conviction shall be liable to a fine of ten thousand dollars.
(2) This section shall not extend to-
(a) any public officer drawing or preparing lostruments in the
course of his duty; or
(b) any person employed merely to engross or copy any instru-
ment or proceeding.
(3) For the purposes of this section "Instrumeal" does not in- clude-
(a) a will or other testamentary instrument; or
(b) an agreement under hand only; or
(c) a letter of power of attorney; or
(d) a transfer of stock containing no trust or limitation thereof.
46. Any unqualified person, not being a barrister or a notary Unqualified public, who, either directly or as an agent of any person, whether or not person not to
act in pre that other person is a solicitor, barrister or notary public, takes instruc- paration of tions for or draws or prepares any paper on which to found or oppose papers for
probele, etc. a grant of probate or of letters of administration shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward. 2, 2. 27. 8. 21.
5 & 6 ENZ. be guilty of an offence and, without prejudice to any other liability or disability to which he may be subject under this Ordinance or any other enactment, shall, on summary conviction, be liable to a fine of ten thou- sand dollars:
Provided that this section shall not apply to any public officer draw. ing or preparing any such papers in the course of his duty,
49. (1) No solicitor shall wilfully and knowingly-
(a) act as agent in any action or in any matter in bankruptcy for
any unqualified person; or
(b) permit his name to be made use of in any such action or matter upon the account or for the profit of any unqualified person; or
Solicitor dat
to act 89 agent for unqualified person. $ & § Eliz. 2 c. 27, s. 34.