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reports of such last mentioned decisions shall be made, entered and submitted for correction and approval, and afterwards printed and published, as the said Society is by this Act empowered to do with respect, to the decisions of Her Majesty's said three Superior Courts of Law and Equity for Upper Canada, as aforesaid.

VI. Each of such Reporters shall be at liberty to print and Printing and publish such his Reports or a digest thereof, and it shall be his publishing of duty so to do whenever thereto required by the said Law Reports. Society in Convocation, when the same shall be done in such manner as the said Society by any general rule or rules made and approved as aforesaid already has directed, or from time to time hereafter shall or may direct in that behalf as aforesaid; Provided always, nevertheless, that the profits to arise from the Proviso. publication of such Reports shall belong to each of such Reporters respectively.

VII. The Salary of each of such Reporters shall not exceed Salary of Rethe sum of One Hundred and Fifty Pounds per annum, and porters. shall or may be fixed at or varied within that amount, as the said Society in Convocation, with such approbation as aforesaid, shall or may from time to time think just and proper.

VIII. For the purpose of providing such Salaries, it shall and How the momay be lawful for the said Law Society in Convocation, by any ney requisite rule or rules made or to be made by them with such approba- salaries may to pay such tion as aforesaid, to appoint such sum as they may think proper be raised. not exceeding the sum of One Pound Five Shillings in respect of each Court, to be paid to the Treasurer of the said Society annually, by every Attorney of either of the said Courts of Queen's Bench and Common Pleas practising therein, and by every Solicitor of the said Court of Chancery practising therein; and incase of persons being as well Solicitors of the said Court of Chancery as also Attorneys of both of such first mentioned Courts or either of them, it shall and may be lawful for the said Society as they shall think fit, to appoint one sum of money to be paid by every such person annually as such Attorney or as such Solicitor and Attorney.

IX. And whereas it would tend not only to the greater con- Recital. venience of the gentlemen practising in the said Courts, but also to the more easy and certain detection of such persons as shall so practise without having taken ont the certificate heretofore issued by the officers of the different Courts, upon the production to them respectively of the receipt of the Treasurer of the said Society for the said sum of money so appointed by the said Society as aforesaid, if such certificates were issued from the same office where such money is required to be paid as aforesaid: Be it therefore enacted, that such certificate shall Certificates to hereafter be issued by the Secretary of the said Law Society he issued by the Secretary instead of the officers of such Courts, for which purpose such Secretary

of the Law

Society.

Proviso.

Certificates to

mas Terin,

of the fees therefor.

Secretary shall be annually furnished with such certificates in blank by the respective Clerks of the Crown and Pleas and Registrar of such Courts respectively, as hereinafter more particulary provided: Provided always nevertheless, that no such certificate shall be so issued or delivered to any such Attorney or Solicitor, being at the time a Member of the said Law Society of Upper Canada of what standing or degree soever, who shall at the time of such payment of the said certificate fee, as here inafter provided, be indebted to the said Society for any term fee, or other fee or due payable to the said Society, until all such last mentioned fees and dues shall have been fully paid and satisfied to the Treasurer of the said Society as well as the said sum of money so appointed to be paid in respect of such certificate as aforesaid.

X. Every Attorney practising in either of the said Courts of be issued year- Queen's Bench or Conimon Pleas, and every Solicitor practising ly in Michaelin the said Court of Chancery, shall annually, in Michaelmas upon payment Term in each year, pay to the Treasurer of the Law Society of Upper Canada such sum of money as already has been or hereafter shall be in that behalf appointed as aforesaid, and thereupon the Secretary of the said Society shall fill up, issue, and deliver to such Attorney or Solicitor one or more of the certificates with which he shall have been so furnished in blank as aforesaid, of such Attorney or Solicitor being an Attorney or Solicitor of such Court, respectively.

Clerks of

Courts to fur

nish the Se

the Rolls of
Attorneys,
&c., of such
Courts.

XI. The Clerks of the Crown and Pleas of Her Majesty's Courts of Queen's Bench and Common Pleas at Toronto, and cretary of the the Registrar of the Court of Chancery there, shall as soon as Law Society conveniently may be after the passing of this Act, prepare and with Copies of deliver to the Secretary of the said Society, a copy certified under their respective hands and the seals of such Courts respectively, of the Rolls of Attorneys and Solicitors of their respective Courts, as the same stood on the last day of the Vacation after Trinity Term in the year of our Lord one thousand eight hundred and fifty-four, and shall hereafter annually on or before the last day of the Vacation after Trinity Term in each year, prepare and deliver to such Secretary or leave for him at his office in Osgoode Hall, a copy certified as aforesaid of all entries on such Rolls made on or before that day and subsequently to the last return made by them respectively to the said Secretary according to the provisions of this Act.

Secretary to

enter such Rolls.

XII. The Secretary of the Law Society of Upper Canada shall enter all such certified copies of Rolls in a book to be kept in his office for that purpose, adding to each name a number by which the same may be the more readily referred to on the same, so that the names on each copy of Roll when so entered shall be numbered from one forward in the whole series of numbers belonging to such Roll respectively.

&c., to be fur

XIII. Whenever any Attorney or Solicitor of any of the said Certificate of Courts shall be struck off the Roll of Attorneys or Solicitors of striking off such Court, the Clerk of the Crown and Pleas or Registrar of Attorneys, such Court shall certify the same under his hand and the seal nished. of such Court to the Secretary of the said Society, stating whether the same had been so struck off at the request of such Attorney or Solicitor or otherwise, and such Secretary shall thereupon attach such certificate to the certified copy of Roll on which the name of such person stands, and shall in the book so to be kept in his office as aforesaid, make a note or memorandum near or opposite to the name of such party, of his having been so struck off such Roll as aforesaid.

furnished to

XIV. The Clerks of the Crown and Pleas of Her Majesty's Blank certifiCourts of Queen's Bench and Common Pleas at Toronto, and cates to be the Registrar of the Court of Chancary there, shall annually the Secretary. on or before the last day of Trinity Vacation in each year, furnish to the Secretary of the Law Society of Upper Canada, as many blank Attorneys' and Solicitors' certificates as there shall be Attorneys or Solicitors then standing on the Rolls of such Court respectively, which certificate shall bear date of the said last day of Trinity Vacation in such year.

XV. The Secretary of the said Society when he shall issue Memorandum any of such certificates to any Attorney. or Solicitor as aforesaid, of issue of cershall in the margin thereof, under his hand, note the day of tificates, &c. the actual issue of such certificate to the Attorney or Solicitor taking out the same, and shall at the commencement of every new year, destroy all blank certificates of the previous year then remaining with him unissued.

neys, &c., to

XVI. The Secretary of the said Society shall, in a second Alphabetical book to be kept in his office for that purpose, enter all the lists of Attornames on the copies of Rolls to be so transmitted to him as be kept and aforesaid, alphabetically arranged, with a reference to the posted up. numbers of each name on the Roll or Rolls on which the same shall stand; and shall moreover, annually on or before the first day of February in each year, put up in his office and also in the offices of each of the Clerks of the Crown and Pleas and Registrar in Chancery, respectively, an alphabetical list certified by him, under his hand, of all such Attorneys and Solicitors as shall have taken out their certificates for the then current year, which said list so to be put up in his office as aforesaid, he shall, from time to time, amend by the addition of the name or names of such Attorneys and Solicitors as may from time to time take out their certificates at a subsequent period of such year, adding a note of the date when such last mentioned certificates were respectively taken out as aforesaid.

XVII. If any Attorney or Solicitor shall omit to take out Penalties on such annual certificate within the time aforesaid, he shall not Attorneys,

be

[blocks in formation]

Exceptions as

to persons admitted after Michaelmas

be entitled thereto until he shall have paid to the Treasurer of the Law Society of Upper Canada, as well the sum that shall have been or shall be so appointed as aforesaid, together with any fees or dues that he, if a Member of the said Society, shall De indebted to them as aforesaid, and also the additional sum hereinafter mentioned by way of penalty in respect of each of such Courts, that is to say, if he shall not take out such certificate until after the last day of Hilary Term in any such year, the further sum of ten shillings, if not until after the last day of Easter Term in any such year, the further sum of fifteen shillings, and if not until after the last day of Trinity Term in any such year, the further sum of twenty shillings.

XVIII. If any Attorney or Solicitor shall practise in any of the said Courts of Queen's Bench, Chancery, or Common Pleas, respectively, without such certificate, he shall forfeit the sum of ten pounds, to be recovered by information, in either of the said Courts of Queen's Bench or Common Pleas, and to be paid into the hands of the Treasurer of the said Society for the uses thereof.

XIX. Nothing herein contained shall extend to require any person admitted as an Attorney or Solicitor of any of the said Courts during Michaelmas Term, or during the vacation after Term in any the same in any year, to take out any such certificate in respect of such admission before the Michaelmas Term next following such admission.

year.

Clerks of the
Courts to

make out
yearly lists of
persons ap
pearing to

have practised during the then last year.

Office of pre

this Act.

XX. The Clerks of the Crown and Pleas of the said Courts of Queen's Bench and Common Pleas and the Registrar of the said Court of Chancery shall, and also the Deputies of such Officer in the country shall, at the commencement of each calendar year, make out a list of the names of all such Attorneys and Solicitors as by the papers or proceedings filed, taken or had in their respective offices during the preceding year, ending with the thirty-first day of December of the same, shall appear to have practised as such Attorney or Solicitor at any time during the same, which lists, certified under their respective hands, such Clerks and Registrar and their respective Deputies shall, on or before the first day of Hilary Term in the year next to that for which they shall be made up, deliver or hand to the Secretary of the Law Society of Upper Canada at Osgoode Hall.

XXI. Nothing herein contained shall extend to vacate the sent Reporters Office of any of the present Reporters of the said three Courts, not vacated by but any such Reporter shall continue to hold his Office, subject to removal as herein provided, and to all the other provisions of this Act, as well as to the Rules and Regulations of the said Society, made or to be made under or according to the same.

main valid,

XXII. Notwithstanding the Repeal of the several Acts and Present certi parts of Acts in the first Section of this Act mentioned, any ficates to recertificate fee that shall have been paid, and any certificate & c. that shall have been taken out for the year commencing in the year one thousand eight hundred and fifty-four, in accordance with the provisions of the said Acts and parts of Acts so hereby repealed, shall avail to the benefit of the Attorney or Solicitor who shall have paid and taken out the same respectively, for the year commencing with the first day of Michaelmas Term, in the year of our Lord, one thousand eight hundred and fiftyfour, as if such payment had been made and such certificate taken out in Michaelmas Term in that year, under and according to the provisions of this Act.

CAP. CXXIX.

An Act to remove doubts respecting certain Marriages in Upper Canada.

[Assented to 30th May, 1855.]

HEREAS doubts have arisen respecting the legality of Preamble. certain Marriages heretofore contracted and solemnized

by certain Ministers in Upper Canada after the passing of the Act of U. C. Act of the Parliament of Upper Canada, eleventh George the 11 G. 4, c. 36. Fourth, chapter thirty-six, and before such Ministers had obtained Licenses from the Quarter Sessions, as provided for by the said Act: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

lified but then

I. The Marriage or Marriages of all persons, not being under Marriages by any canonical disqualification to contract Matrimony, which Ministers quahad been publicly contracted in Upper Canada before any Mi- without li nister or Minister who were, before the passing of the above cense made recited Act, allod to solemnize Matrimony, and before such valid. Ministers had obtained a License from the Quarter Sessions as above provided, are hereby declared to have been valid, and

shall be considered as good and valid in law: And the parties Rights of parto such Marriages, and the issue thereof, shall be entitled to all ties and issue. the rights, and subject to all the obligations resulting from such Marriages and consanguinity; any law, or usage or custom to the contrary in any wise notwithstanding.

САР.

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