Findings of a Disciplinary
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the attendance of witnesses or the production of documents and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the band of such Chairman and shall not authorize the imprisonment of any offender for a period exceeding one month.
(2) The Commissioner of Police and all police officers, officers of the court, gaolers and bailiffs of the Court are required to give their utmost assistance to every Disciplinary Committee and to every chair- man thereof, in the enforcement of documents, warrants and orders issued in accordance with subsection (1) or otherwise.
(3) Every member of a Disciplinary Committee shall have the like protection and privileges, in relation to any action or suit brought against him for any act done or omitted to be done in the execution of his duties as such member, as is given by any law to a magistrate acting in the execution of his office.
(4) All proceedings of a Disciplinary Committee and any order made in accordance with the provisions of section 10 shall be privileged.
12. (1) Every order made by a Disciplinary Committee shall be prefaced by a statement of its finding in relation to the facts of the case and shall be signed by the Chairman or by some other member authorized by the Disciplinary Committee in that behalf.
(2) A signed copy of every order in relation to a solicitor shall be filed with the Registrar who shall forthwith enter a note of the order on the roll of solicitors in connexion with the name of the solicitor, and where the order so directs shall remove or strike out the same, and shall cause every order for suspension or striking out to be published in the Gazette within fourteen days of his receipt of a copy of the order.
(3) Payment of any penalty or costs ordered to be paid by the Disciplinary Committee may, on the application of any member of the Disciplinary Committee or, in the case of costs, by the party in whose favour the order is made, be enforced by writ of execution issued out of the Court on the production of a copy of the order signed by the Chairman or other authorized member of the Disciplinary Committee and the rules of the Court shall, so far as applicable, apply to any such execution.
(4) A Disciplinary Committee, on the application of any party against whom an order for payment of a penalty or costs is made, may order that the same may be paid by instalments or that payment may be deferred for such period as the Disciplinary Committee shall think fic. (5) (a) Every application for an order for payment by instalments. or for the deferring of payment, may be made at the hearing or, within fourteen days after the date of the order for payment of penalty or costs, by notice in writing to the Disciplinary
9
Committee and to all parties who were represented at the hearing.
(6) Upon receipt of any such notice, the Disciplinary Committee shall, within fourteen days, notify the applicant and all such other parties of the date upon which such application will be beard by the Disciplinary Committee.
(c) There shall be no right of appeal from the decision of the
Disciplinary Committee on any such application.
P. 44).
13. (1) Subject to the provisions of paragraph (c) of subsection (5) Appeal and of section 12, an appeal against any order made by a Disciplinary Com. saving. mittee shall lie to the Full Court and the provisions of Order XXIX (Vol. VII. of the Code of Civil Procedure shall apply to every such appeal save that the time for filing notice of motion of appeal shall be twenty-one days from the date of the decision and not forty-two days as provided in the said Order and the decision of the Full Court on any such appeal shall be final.
(2) In any appeal under subsection (1) the Society shall be the respondent.
(3) Nothing herein contained shall affect the jurisdiction of the Court under sections 14 and 45 and subsection (2) of section 3.
(4) The hearing of every appeal under this section shall be in camera unless, and to the extent to which, the Full Court may otherwise direct.
55 Eliz
14. (1) Where an application to strike the name of a solicitor off Applications the roll of solicitors or to require a solicitor to answer allegations con- to Court. Lained in an affidavit is made to the Court, subject to the provisions of
2, c. 27. subsection (3)—
$s. 51, 52 A. $3.
(a) the Court shall not entertain the application except upon pro- duction of an affidavit showing that the applicant has served upon the Society not less than twenty-one clear days' notice of his intention to make the application, together with copies of all affidavits intended to be used in support thereof;
(6) the Society may apply to the Court to make absolute any order nisi which may have been made by the Court in the matter of the application, or to make an order that the name of the solici- tor with respect to whom the application is made be struck off the roll of solicitors, or such other order as the Court may think fit; and
(c) the Court may order that the costs of the Society of or relating to any such matter aforesaid be paid by the solicitor against whom, or by the person by whom, the application was made, or was intended to be made, or partly by one and partly by the other of them.