10
11
Application with respect
to allega- tions.
5 & 6 Elir.
2. . 27.5. 54.
Restrictions
an powers to strike names off roll.
$ & 6 Bliz.
(2) Where an order, whether nisi or absolute, has been made by the Court upon a motion to remove from or strike off the roll of solici- tors the name of a solicitor, or to require the solicitor to answer allega- tions contained in an affidavit, and has not been drawn up by the applicant within one week after it was made, the Society may cause the order to be drawn up, and all future proceedings thereon shall be taken as if the motion had been made by the Society.
(3) Where an order is made by the Court that the name of a solici- tor be struck off the roll of solicitors, or that the solicitor be suspended from practice, the Registrar shall enter a note thereof on the roll of solicitors in connexion with the name of the solicitor and, where the order so directs, shall remove or strike off the name.
15. For the avoidance of doubts it is hereby declared that an ap- plication by any person to require a solicitor to answer allegations con- tained in an affidavit, whether the application is made to the Society or to the Court, may be treated as an application to strike the name of that solicitor off the roll of solicitors on the grounds of the matters alleged.
16. (1) No solicitor shall be liable to have his name struck off the roll of solicitors on account of any failure to comply with such require- ments with respect to service under articles as may be prescribed by the Chief Justice or on account of any defect in his admission and en-
2, C. 27, 54. rolment, unless the application to strike his name off the roll of solicitors
is made within twelve months after the date of his enrolment:
Committee
may inspect
proceedings
in bank-
ruptcy.
5 & 6 Eliz.
2 c. 27, s. 81.
Provided that this subsection shall not apply in any case where fraud is proved to have been committed in connexion with the failure or defect.
(2) No solicitor shall be liable to have his name struck off the roll of solicitors by reason only that-
(a) a solicitor whom he has served for the whole or such part of the term of articled service as may be prescribed by the Chief Justice has neglected or omitted to take out a practising certi- ficate in accordance with the provisions of section 6; or
(b) the name of a solicitor whom he has served for any period has after the termination of that period been struck off the roll of solicitors.
17. The Committee shall be entitled, without payment of any fee, to inspect the file of proceedings in bankruptcy relating to any solicitor against whom proceedings in bankruptcy have been taken, and to be supplied with office copies of the proceedings on payment of the usual charges for such copies.
18. (1) The Court may make an order for the winding-up of the Winding-up. business of any solicitor who is struck off the roll of solicitors in such ste_of
business of terras and appointing such solicitor or firm of solicitors or the Official solicitors Receiver under the Bankruptcy Ordinance or both as it thinks üt for struck off
or suspended. that purpose.
(Cap. 6)
(2) The Court may make an order appointing any solicitor or firm of solicitors or the Official Receiver or both to manage the business of any solicitor, whose practising certificate is suspended, for the duration of such suspension.
from roll.
19. (1) Upon reasonable cause being shown to the Conumittee by Removal a solicitor the Committee may direct the Registrar to remove the name of such solicitor from the roll of solicitors and the Registrar shall there- upon remove such name from the roll of solicitors.
(2) With effect from the date of such removal the person whose name is so removed shall cease to be a solicitor.
(3) Upon application being made for removal as aforesaid the Committee may advertise or require the solicitor to advertise the applica- tion inviting any person who objects thereto to make objection to the Committee.
20. (1) No solicitor who has not at some time been in continuous Restrictions practice as a solicitor in the Colony for a period of five years shall, with out the special leave of the Chief Justice, take any articled clerk.
on taking
articled clerks.
J & 6 Eiz.
(2) No solicitor shall have more than two articled clerks at the same 3, c. 17, s. 41. time.
(3) No solicitor shall take or retain any articled clark unless-
(0) he is practising as a solicitor; and
(b) he is not employed as an assistant by another solicitor.
(4) If any solicitor takes, retains or has an articled clerk in con- travention of any of the provisions of subsection (1), (2) or (3), the Com- mittee may discharge the articles of that clerk upon such terms, includ- ng terms as to return of premium, as it thinks fit.
21. (1) Where in such manner and for such reasons as may be Power to prescribed by the Chief Justice the Registrar is empowered to refuse an probibit
taking application for a practising certificate, the Committee may by notice in articled writing to that solicitor prohibit him from taking any articled clerk.
(2) If, notwithstanding any such prohibition directed to him, a solicitor takes an articled clerk, a complaint may be made in respect thereof to the Society or to the Court under section 9 or 14.
clerks. 5 & 6 Eliz. 2, c. 27, &. 42.
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