A—No. 4

QUALIFICATION AND ADMISSION OF SOLICITORS.

Now the condition contained in that section as to the jurisprudence of the Colony is, that it should be founded on, or assimilated to the common law and the principles of equity as administered in England. Which, probably, might be affirmed with safety, of the jurisprudence of New Zealand ; but the only qualifications for admission as an Attorney or Solicitor specified in the section are " where full service under articles of Clerkship to an Attorney at law for the space of five years at the least, and an examination to tost the qualification of candidates are or may be required previous to admission, save only in the case of persons previously admitted as Attorneys or Solicitors in England. 15. It appears therefore, that the law of New Zealand, although it were to render examination indispensable, could not fulfil this condition, unless it were to exclude persons admitted as Attorneys, Solicitors, or Proctors in Ireland and Scotland, and the Australian Colonies, and Writers in the Sheriff Courts of Scotland, and persona who had served the whole or part of their Clerkship to a Solicitor of the Supreme Courts in Scotland, (there being, as we believe, no Attorneys at law in that country), or who had served the whole or part of their Clerkslup in the other specified countries with Proctors or Writers not being , such Attorneys at law. 16. We think, however, that an amendment of the Imperial Act quite consistent with its spirit and which probably might be obtained from the Imperial Legislature—might enable such Solicitors of the Supreme Court of New Z island as had fulfilled the conditions of the 3rd section of the Relief Act to be admitted, on examination, in England. 17. With respect to the suggestions which we have to offjr a* to the mode of consolidating and amending the law touching the qualification and admission of Solicitors, we are of opinion that it is desirable that the enactments to be made by the Legislature, and the rules to be framed by the Judges should be as nearly similar to the English law and practice as possible. With this view we recommend that the Government, in presenting a Bill to the Legislature, should adopt provisions similar or analogous to those contained in the Imperial Act 6 and 7 Vie. c. 73, sections 2 to 20 inclusive, and sections 28, 29, 30, 31, 32, 35 and 44, as far as they are applicable ; with such modifications, alterations and additions, as a consideration of the existing law, and the actual circumstances of the Colony, may require. PROVISIONS OF BILL. 18. We now proceed to state in detail the provisions which we think proper to be introduced into such a Bill, accompanying them with such observations as may be necessary to make their purport more intelligible We are not, however, to be understood as recommending, in any case, the adoption of the very language of which we have made use. 19. Being of opinion, as we have before stated, that it is at least doubtful whether any of the English Acts relating to Attorneys and Solicitors, in force on the 14th January, 1840, are applicable to New Zealand, and considering that, at all events, an Act containing provisions similar to those of the Gth and 7th Vict., c. 73, would supersede all such portions of those English Acts as could be supposed to be applicable to New Zealand, wo do not think it will bo necessary to repeal the English Acts in question ; but of course those portions of Ordinances and Acts of Assembly, the provisions of which are to be incorporated or superseded in the new Act, must be repealed, 20. After a repeal clause, the Bill might go on to provide to the following effect: That from and after the passing of the Act, no person shall act as a Solicitor of the Supreme Court of New Zealand (or as such Solicitor, sue out any Writ or Process, or commence, carry on, solicit, or defend any action, suit, or other proceeding in the name of any other person, or in his own name, in the Supreme Court of New Zealand) unless such person shall, previously to the passing of this Act, have been admitted and enrolled as a Solicitor of the said Court, or unless such person shall, after the passing of this Act, be admitted and enrolled and otherwise duly qualified to act as a Solicitor of sucli Court, pursuant to the directions and regulations of this Act, and unless such person shall continue to be so duly qualified and on the roll at the time of his so acting in the capacity of such Solicitor aforesaid. 21. We are of opinion that a clause should then be introduced indemnifying Solicitors who have been admitted and enrolled before the passing of the Act, against any defect or irregularity in their qualification, admission, or enrolment, not attributable to their own fraud. 22. As to the qualifications for admission after the passing of the Act, the following classes of persons seem to be contemplated either by the letter or the spirit of the existing law, and it might be enacted to this effect:— That no person shall be entitled to be admitted and enrolled, (1.) Unless he shall have been admitted as a Solicitor, Attorney, or Writer in one of the Superior Courts of England, Ireland, or Scotland, or in a Sheriff' Court in Scotland, or us a Proctor in any Ecclesiastical Court in England or Ireland, or as a Solicitor, Attorney, or Proctor, in any Court of Australia or Van Diemen's Land, and shall have been admitted or actually have practised

Why not applicable to New Zealand.

Amendment of the 20 & 21 Vie., c. 39.

V. Suggestions as to tho consolidation anil amendment of the Law. Desirable that the Law should be as like the English Law as possible. And that the G & 7 Vie, c. 73, fees. 2-20, inclusive, and others, should be followed.

Details of provisions recommended.

Not necessary to repeal (he Statute Law of England in force January 1840. What to be repealed.

No person to act as Solicitor except admitted before Act, or after Act, admitted according to its provisions. Compare 6 & 7 Vie, c. 73, see. 2. Scmble, The words within ( ) are unnecessary.

Indemnity clause for all Solicitors admitted before Act.

Qualifications for admission as Solicitor, after Act.

1. Persons admitted elsewhere. Supreme Court Ordiuance, 1544, sec. 16. Scotch Law Practitioners, 1856.

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