No costs for
unqualified
person,
5 & 6 Eliz.
2, G. 27, s. 23.
Application
of penil provisions
to body cor-
parate.
5 & 6 Ella. 2. c. 27, s. 22.
Solicitors
not to Commenc or defend
22
(e) send any process to any unqualified person; or
(d) do any other act enabling any unqualified person to appear, act or practise in any respect as a solicitor in any such action or matter.
(2) Where it appears to a Disciplinary Committee or to the Court that a solicitor has acted in contravention of this section, the Disci- plinary Committee or the Court shall order his name to be struck off the roll of solicitors.
(3) Where the Court orders the name of a solicitor to be struck off the roll in respect of an offence under this section, it may further order that the unqualified person who was enabled by the conduct of the offender to act or practise as a solicitor shall be imprisoned for any period not exceeding one year.
5. No costs in respect of anything done by an unqualified person acting as a solicitor shall be recoverable in any action, suit or matter by any person whomsoever.
51. (1) If any act is done by a body corporate, or by any director, officer or servant thereof, of such a nature or in such a manner as to be calculated to imply that the body corporate is qualified or recognized by law as qualified to act as a solicitor, the body corporate shall be guilty of an offence and on summary conviction shall be liable to a fine of five thousand dollars, and, in the case of an act done by a director, officer or servant of the body corporate, such person shall also be guilty of an offence and on summary conviction shall be liable to a fine of two thousand dollars,
(2) For the avoidance of doubt it is hereby declared that in sections 45, 46, 47, 48, 49 and 50, references to unqualified persons and to persons include references to a body corporate.
52. (1) No solicitor whilst a prisoner in any prison shall as 2 solicitor, in his own name or in the name of any other solicitor, sue out any writ or process, or commence, prosecute or defend any action actions while or any matter in bankruptcy. la prison.
5 & 6 Eliz.
2, c. 27,
8. 35.
(2) Any solicitor commencing, prosecuting or defending any such action or matter in contravention of this section shall be incapable of maintaining any action for the recovery of any costs in respect of any business done by him whilst so confined as aforesaid, and he and any solicitor permitting him to commence, prosecute or defend any such action or matter in his name shall be guilty of contempt of the court in which such action or matter was commenced or prosecuted and may be punished accordingly.
1
23
53. (1) No solicitor shall, in connexion with his practice as a Employment solicitor, without the written permission of the Society which may be by solicitor of persons given for such period and subject to such conditions as the Society struck off or thinks it, employ or remunerate any person who, to his knowledge, is suspended. [c. $ & 6 disqualified from practising as a solicitor by reason of the fact that Eliz 2. 6. 27. his name has been struck off the roll of solicitors or is suspended from 8. 36 d 38) practising as a solicitor.
(2) No solicitor shall in connexion with his practice as a solicitor employ or remunerate any person who, to his knowledge, is the subject of an order made by a Disciplinary Committee under paragraph (8) of subsection (2) of section 10 whereby the employment of such person by any solicitor is prohibited, while such order is in force.
(3) No solicitor shall, in connexion with his practice as a solicitor. without written permission of the Society, which may be given for such period and subject to such conditions as the Society may think fit, employ or remunerate any person who, to his knowledge, has been convicted-
(a) of larceny, embezzlement or fraudulent conversion; or
(b) of any other criminal offence in respect of any money or property belonging to or beld or controlled by the solicitor by whom he is or was employed or any client of that solicitor.
(4) A solicitor aggrieved by the refusal of the Society to grant any such permission as aforesaid, or by any conditions attached by the Society to the grant thereof, may appeal to the Chief Justice, in such manner as may be prescribed by the Chief Justice, and on any such appeal the Chief Justice may confirm the refusal or the conditions, as the case may be, or may, in lieu of the Society, grant such permission for such period and subject to such conditions as be thinks fit.
(5) If any solicitor acts in contravention of the provisions of this section or of the conditions subject to which any permission has been given thereunder, his name shall be struck off the roll or he shall be suspended from practice for such period as a Disciplinary Committee or as the Court may think fit.
(6) Any person who, while there is in force in respect of him an order made under paragraph (g) of subacction (2) of section 10 prohibit- ing his employment by any solicitor, secks or accepts any employment by or remuneration from a solicitor in connexion with his practice as a solicitor without previously informing the solicitor of that order shall be guilty of an offence and on summary conviction shall be liable to a fine of five thousand dollars.