Solicitors (Ireland) Act 1898

• Jurisdiction: Ireland
• Citation: 1898 c. 17
• Year: 1898

Solicitors (Ireland) Act, 1898

(61 & 62 Vict.) CHAPTER 17.

An Act to amend and consolidate the Laws relating to Solicitors and to the service of Indentured Apprentices in Ireland.

[25th July 1898]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

1 Short title.

1. This Act may be cited as theSolicitors (Ireland) Act, 1898.

2 Extent of Act.

2. This Act shall extend to Ireland only.

3 Commencement of Act.

3. This Act shall, so far as regards the power of the Lord Chancellor and certain of the judges of the High Court and of the Incorporated Law Society to make regulations hereunder, and so far as regards the issue of notices and other proceedings preliminary to holding the first examinations hereunder, come into operation on the passing hereof, and for all other purposes shall come into operation on the first day of January one thousand eight hundred and ninety-nine.

4 Interpretation of terms.

4. In this Act ‘Lord Chancellor’ includes Lords Commissioners, and Lord Keeper of the Great Seal of Ireland:

‘Solicitor’ means solicitor of the Supreme Court:

‘Registrar’ means the registrar of solicitors:

‘The Incorporated Law Society’ or ‘the Society’ means ‘the Incorporated Law Society of Ireland’ acting under their present or any future charters:

‘Preliminary examination’ means an examination in general knowledge of persons seeking to become bound under indentures of apprenticeship to solicitors:

‘Intermediate examination’ means an examination of persons bound under indentures of apprenticeship to solicitors in order to ascertain the progress made by such persons during their apprenticeship in acquiring the knowledge necessary for rendering them fit and capable to act as solicitors:

‘Final examination’ means an examination of persons applying to be admitted as solicitors as well touching the indentures of apprenticeship and service as the fitness and capacity of such persons to act as solicitors in all business and matters usually transacted by solicitors, and includes, where any allegation is made by the registrar of solicitors as to the moral unfitness of any such person to be an officer of the Supreme Court, an inquiry into the truth of such allegation.

5 Registrar of solicitors.

5. There shall be a registrar of solicitors, who shall have the powers and perform the duties by this Act provided, and the office of such registrar shall be vested in the Incorporated Law Society under their present or any future charters of incorporation.

6 No person to act as solicitor unless admitted and enrolled.

6. From and after the commencement of this Act, no person shall act as a solicitor, or as such solicitor sue out any writ or process, or commence, carry on, solicit, or defend any action, suit, or other proceeding, in his own name or in the name of any other person in the Supreme Court, or in the Court of Bankruptcy, or in the Court of the Land Commission, or of any Sub-commission, or in the county court or petty sessions courts of any county or riding of a county, or in any court of civil or criminal jurisdiction, in Ireland, or act as a solicitor in any cause, matter, or suit, civil or criminal, to be heard, tried, or determined before any justice of assize, of oyer and terminer, or gaol delivery, or at any general or quarter sessions of the peace for any county, riding, division, liberty, city, borough, or place, or before any justice, unless such person has been admitted and enrolled and otherwise duly qualified to act as a solicitor under or by virtue of the laws now in force, or unless such person shall after the commencement of this Act be admitted and enrolled and otherwise duly qualified to act as a solicitor pursuant to the directions and regulations of this Act, and unless such person shall continue to be so duly qualified and on the roll of solicitors at the time of his acting in the capacity of a solicitor as aforesaid, except as herein-after in this Act mentioned.

Lectures and Examinations.

7 Power to Society to provide lectures.

7. It shall be lawful for the Incorporated Law Society to provide lectures, classes, and other teaching for persons bound, or about to be bound, under indentures of apprenticeship, to solicitors, and for that purpose to appoint such professors and lecturers to hold office for such period, and on such terms, and for such remuneration, and subject to such conditions, as the Incorporated Law Society may determine.

8 Examinations to be held under management of Society.

8. The Incorporated Law Society are hereby authorised and required to hold, at least three times in the year, commencing with the first day of January one thousand eight hundred and ninety-nine, and in every succeeding year, a preliminary examination, an intermediate examination, and a final examination; and the Society shall, subject to the provisions of this Act, have the entire management and control of all such examinations, and shall have power to make regulations with respect to all or any of the following matters; (that is to say,)

(a .) With respect to the admission to apprenticeship, the attendance of apprentices at lectures, and other matters connected therewith; and

(b .) With respect to the subjects for and the mode of conducting the examination of candidates; and

(c .) With respect to the times and places of examination, and the notices of examinations; and

(d .) With respect to the certificates to be given to persons of their having passed any examination; and

(e .) With respect to the appointment and removal of examiners, professors, and lecturers, and with respect to the remuneration by fees or otherwise of the examiners, professors, or lecturers so appointed; and

(f .) With respect to the exemption from the whole or from any part of the intermediate examination of persons who have obtained the degree of bachelor of civil law or bachelor of laws, or a certificate of having passed the examination required for such degree at any university in the United Kingdom; and

(g .) With respect to any other matter or thing as to which the Society think it expedient to make regulations for the purpose of carrying this section into execution.

Copies or all regulations made under the authority of this section shall be transmitted to the Lord Chancellor, the President, of the Queen's Bench Division, the Lord Chief Baron, and to the Master of the Rolls, and if within twenty-eight days after a copy of any regulation has been so transmitted, any three of those judges, or any two of them in the event of the office of Lord Chief Baron ceasing to exist (the Lord Chancellor in each case being one), signify by writing under their hands, addressed to the president or secretary of the Society, their dissent from such regulation or any part thereof, the same shall be of no force or effect; and if after any such regulation or any part thereof has come into force, any three of those judges, or any two of them in the event aforesaid (the Lord Chancellor in each case being one), signify in manner aforesaid their dissent from such regulation or any part thereof, the same shall, at the expiration of two months, cease to be of any force or effect.

Apprenticeship and Admission.

9 Admission to apprenticeship.

9. Save as herein-after by this Act provided, no person shall be capable of being bound by indentures of apprenticeship to serve as an apprentice to a solicitor unless he has obtained from the Incorporated Law Society a certificate that he has passed a preliminary examination and has complied with such regulations as the Society under the provisions of this Act may have prescribed with respect to the admission to apprenticeship.

10 Restriction on solicitors taking apprentices.

10. No solicitor shall have (save as herein-after in this section mentioned) more than two apprentices at one and the same time bound by indentures of apprenticeship to serve him as apprentices, and no solicitor shall take, have, or retain any such apprentice after such solicitor has discontinued or left off practising as or carrying on the business of a solicitor, nor whilst such solicitor is retained or employed as a writer or clerk by any other solicitor, and service by any apprentice under such indentures as aforesaid to any solicitor, for and during any time that such solicitor is so employed as writer or clerk to any other solicitor, shall not be deemed good service under such indentures: Provided always, that in every case where a solicitor at the commencement of this Act has three apprentices he may have and retain such apprentices till the expiration of their indentures of apprenticeship.

11 No person to be admitted a solicitor unless he has served an apprenticeship of five years.

11. No person, save as herein-after by this Act provided, shall from and after the commencement of this Act be capable of being admitted and enrolled as a solicitor, unless such person has been bound by indentures of apprenticeship to serve as an apprentice for and during the term of five years to a practising solicitor, and has duly served under such indentures for and during the said term of five years.

12 Admission of graduates of certain universities after three years service.

12. Every...