1214
THE NEW ZEALAND GAZETTE.
[No. 37

Local Bodies’ Loans Act, 1901,” to be taken in or towards the sanction of the ratepayers of the said borough to the proposal to raise a loan of £600 for the purpose of erecting a town hall within the borough have been duly taken, and that the resolution has been duly carried.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

JOHN DUNNE.

Declared at Balclutha, this sixteenth day of September, 1903.—J. Smyth Fleming, J.P.

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Despatch.—Order in Council applying “The Colonial Solicitors Act, 1900,” to the Colony of New Zealand.

Department of Justice,
Wellington, 3rd May, 1904.

THE following despatch and enclosure, received from His Majesty’s Principal Secretary of State for the Colonies, are published for general information.

JAS. McGOWAN.

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Downing Street, 16th March, 1904.

(New Zealand.—General.)

My LORD,—I have the honour to acknowledge the receipt of your despatch No. 120, of the 24th December last, forwarding copies of an Act of the Legislature of New Zealand amending the law relating to legal practitioners, and to transmit to you for the information of your Government copies of an Order in Council applying “The Colonial Solicitors Act, 1900,” to the Colony of New Zealand in respect of England.

I have caused copies of this Order in Council to be referred to the Scottish Office and to the Irish Law Society, conveying to them the desire of your Government for reciprocity with Scotland and Ireland, and inquiring whether the objections which have been raised cannot now be waived.

I have, &c.,

ALFRED LYTTELTON.

Governor the Earl of Ranfurly, G.C.M.G., &c.

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ORDER IN COUNCIL.

At the Court at Buckingham Palace, the 7th day of March 1904.

Present:

THE KING’S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, SIR WILLIAM WALROND,
EARL OF KINTORE, SIR DIGHTON PROBYN.
MR. CHARLES HARDINGE,

WHEREAS by the Colonial Solicitors Act, 1900, it is enacted that where as respects a Superior Court in a British Possession His Majesty the King in Council is satisfied on the report of a Secretary of State—

(a.) That the regulations respecting the admission of persons to be solicitors of that Superior Court are such as to secure that those solicitors possess proper qualifications and competency; and

(b.) That by the law of the British Possession the solicitors of the Supreme Court will be admitted to be solicitors of the Superior Court in the Possession on terms as favourable as those on which it is proposed to admit solicitors of that Superior Court in pursuance of the said Act to be solicitors of the Supreme Court—

His Majesty in Council may order that the said Act shall apply, and the same shall accordingly apply, to the said Superior Court and British Possession, subject to any exceptions, conditions, and modifications specified in the Order:

And whereas by the same Act it is further provided that His Majesty in Council by the same or any subsequent Order may as respects the Court and British Possession named in the Order provide for all matters authorised by the said Act to be prescribed, and for all matters appearing to His Majesty to be necessary or proper for giving effect to the Order and to the said Act and that an Order in Council applying the Act to a Court in a British Possession may provide that solicitors of that Court may be admitted by virtue of the said Act to be solicitors in any part of the United Kingdom, namely, England, Scotland, or Ireland, or in two or one of those parts only:

And whereas application has been made by the Governor of the Colony of New Zealand that the said Act may be applied to that Colony:

And whereas His Majesty in Council on the report of the Secretary of State for the Colonies is satisfied that the regulations respecting the admission of persons to be solicitors of the Supreme Court of the Colony of New Zealand are such as to secure that those solicitors possess proper qualifications and competency and that by the law of the Colony of New Zealand the Solicitors of the Supreme Court in England will be admitted to be solicitors of the Supreme Court of the Colony of New Zealand on terms as favourable as those on which it is proposed to admit solicitors of that Court in pursuance of the said Act to be solicitors of the Supreme Court:

Now, therefore, His Majesty in pursuance of the said recited Act, and in execution of the powers thereby in His Majesty vested is pleased by and with the advice of his Privy Council to order and it is hereby ordered that the Colonial Solicitors Act, 1900, shall apply to the Supreme Court of the Colony of New Zealand and to the Colony of New Zealand and that solicitors of the Supreme Court of the Colony of New Zealand may be admitted by virtue of the said Act to be solicitors in England subject to the conditions hereinafter specified:—

1. A solicitor of the said Supreme Court of the Colony of New Zealand (hereinafter called the applicant) who, having been in practice before such Court for not less than three years, is desirous of being admitted to be a solicitor of the Supreme Court in England, shall be a male British subject.

2. The applicant shall, four calendar months at least before the first day of the month in which he proposes to be admitted, leave with the Registrar of Solicitors his original certificate of admission in the said Supreme Court of the said colony, together with—

(a.) A certificate from the authority of the said colony in whose custody the roll of the solicitors of the said Court is kept stating that his name is still upon the roll and has never been removed therefrom, and that no order has ever been made directing him to be suspended from practising his profession:

(b.) One or more certificates of fitness and character signed by two resident practising solicitors of at least five years standing in the said Court and by at least one of the Judges or officers next in rank of such Court:

(c.) A statutory declaration in terms of or to the effect of that set out in the Schedule (A) hereunto annexed.

3. Where the applicant has not served under articles as clerk to a practising solicitor, he shall, in addition to the before-mentioned documents, leave with the Registrar of Solicitors a certificate from the solicitor or barrister in whose office he has been employed to the effect that for a period of not less than three years prior to admission to practise in New Zealand he has been engaged exclusively in acquiring a practical knowledge of law. Such certificate shall be attested by a Judge of the Supreme Court after personal inquiry into the facts and circumstances therein set forth.

4. The leaving of the documents hereinbefore required shall be equivalent to notice of intention to apply for admission within the meaning of the Acts regulating the admission of solicitors in England.

5. A certificate under the hand of the Registrar of Solicitors that the applicant has complied with the provisions of the Colonial Solicitors Act, 1900, and of this Order, shall be equivalent to the certificate of his having passed the final examination required in England.

6. The application for admission to be a solicitor in England shall be made to the Master of the Rolls.

7. The applicant shall not be required to pass any examination either before or after making such application.

8. The admission of the applicant as a solicitor shall be stamped with the stamps required to be impressed on the admission of solicitors in England, and shall be impressed with such further stamp as shall, together with the amount of stamps paid on articles of clerkship (if any), and admission in the Colony of New Zealand (such amount being certified by a Judge of the Supreme Court of the said colony in the form set out in the Schedule B hereunto annexed) be equal in amount to the sum payable on articles of clerkship in England.

9. The following fees shall be paid by the applicant to the Law Society:—

Before entering his name on the Roll of Solicitors, £5.

A. W. FITZROY.

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SCHEDULE A.

In the matter of the Colonial Solicitors Act, 1900; and in the matter of

I, __, in the Colony of New Zealand, do solemnly and sincerely declare as follows:—

1. I am a male British subject.

2. I was on the __ day of __ admitted a solicitor of the Supreme Court of the Colony of New Zealand, and I have been in practice before such Court for not less than three years. My name remains on the Roll of the said Court, and I have not at any time been suspended from practice by the Court or by any Judge thereof, nor are any pro-