SUPPLEMENT NO. 1, JULY 16, 1948.

RESTORATION TO THE ROLL OR REGISTER.

153

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 Justice or of a solicitor whose name has been removed from or struck off to replace the roll.

22 and 23

name on roll.

(2) In the case of a solicitor whose name has been struck Geo. 5 off the roll for such an offence as is mentioned in section 45, an C.37.S.13. order under this section shall for the purposes of sub-section (3) of section 30 be deemed to be an admission.

(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 II.

PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNECTION

WITH PRACTICE.

38. Every person who-

Penalty for unlawfully

(a) not being a qualified barrister, either directly or practising as indirectly, practises or acts as a barrister;

a barrister or notary

(b) not being a qualified notary public either directly or public. indirectly practises or acts as a notary public;

shall upon summary conviction be liable to a fine not exceeding two thousand dollars.

to act as

39. (1) No unqualified person shall act as solicitor, or as such Unqualified sue out any writ or process, or commence, carry on or defend any person not action, suit or other proceeding, in the name of any other person solicitor. or in his own name, in any court of civil or criminal jurisdiction 22 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. c.37.s.45.

(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 him 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 sanction of the Attorney General. 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.

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 solicitor, shall be liable on summary conviction to a fine not exceeding five hundred dollars for each offence.

be a solicitor. 22 and 23, Geo. 5

C.37, s.46.

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