Law Practitioners' Examination Rules




95

shall be sufficiently comprehensive to enable candidate to show a much more extensive and precise acquaint- ance with the various subjects, or some of them, than will be deemed indispensable merely to ensure admis- sion.

N.B.—A much greater amount of proficiency will be expected of Candidates for admission as Barristers than from those who apply for admission as Solicitors.

The age of Candidates for admission must appear on affidavit.

Rule 5. The examining Judge may make such en- quiries into and require such evidence of the character of Candidates as he may think fit.

Rule 6. The Judge of each District may make such rules respecting the mode of examination before him as he may think fit, the same not being inconsistent with these rules.

(d) Examinations before Rule 2 has come into forces

Rule 7. Any Candidate entitled to apply to be examined and shall be desirous of being examined and admitted before the expiration of Twelve months after the examining Judge has given notices under Rule 2 as above, may apply to such Judge for leave to be ex- amined, and such Judge may appoint such time and place for the examination of such candidate as he may think fit, and may conduct the examination of such candidate in the matters in respect of which he is liable to be examined in such manner as he may think fit.

II. Examination for Admission as a Barrister.

(a) Barrister or Advocate previously admitted elsewhere.

Rule 8. A Barrister or Advocate previously ad- mitted in Great Britain or Ireland, Australian Colonies or Tasmania, must produce to his examining Judge his admission or some certificate or other document duly verified proving his admission, and make an affidavit that he is the person named therein and was admitted as therein stated.

Rule 9. Every such Barrister or Advocate as last aforesaid shall be examined in the Law of New Zealand so far as the same differs from the Law of England, and such examination shall comprise the Imperial Acts affecting Colonies in general and New Zealand in particular, and the provisions of the Ordinances and Acts of the Legislature of the Colony, and their effect in modifying and altering the Law of England as applicable to the Colony.

(b) Candidates for Admission as Barristers not previously admitted elsewhere.

Rule 10. Every Candidate for admission as a Bar- rister who has taken a degree in Arts or Law from any University or other body in Great Britain or Ireland, Australia or Tasmania, having the power to grant such degree, shall produce his diploma, or some duly authenticated certificate, or other documentary evidence, of his having taken such degree, with an affidavit verifying the same, and proving his identity with the person mentioned in such document; and thereupon such candidate shall be examined only in Law, as provided in Rule 12, and not in general knowledge.

Rule 11. Every Candidate for admission as a Bar- rister who has not been admitted elsewhere, shall pro- duce to the examining Judge an affidavit made by a Barrister on the Roll of the Court as such (or who during the time hereinafter specified was on the Roll of the Court as such) or an affidavit by the candidate accounting for the absence of such affidavit, from which it shall appear that such Candidate was bona fide exclusively engaged in the study of the Law as a pupil of such Barrister for three years at least before his application to be admitted.

Rule 12. The Examination in Law of every such candidate shall comprise generally the theory and prac- tice of the Civil and Criminal Law of England, and of the Colony of New Zealand, the Law of Nations and the Conflict of Laws.

Rule 13. The examination in general knowledge of every such Candidate shall include Ancient and Modern History, the Feudal System, the British Constitution, the Latin Classics, and the Greek, French, or German Language, the Etymology of the English Language and English Composition, and some portion of Euclid’s Elements and of Algebra.

III. Examination for Admission as a Solicitor.

(a) Solicitors previously admitted elsewhere.

Rule 14. Every Candidate for admission as a Solici- tor, who has been admitted as a Solicitor, Attorney, or Writer in any of the Superior Courts of England, Ireland, or Scotland, or as a Proctor in any Court in England or Ireland, or as a Solicitor, Attorney, or Proctor, in any Supreme Court of any of Her Majesty’s Colonies, must produce documentary evidence of such admission purporting to emanate from proper authority, and an affidavit verifying the same, and proving his identity with the person named therein.

Rule 15. Every such last-mentioned Candidate shall be examined in Law generally and in the Law of New Zealand, so far as it differs from the Law of England “specially,” but in cases where the Law of England is in force generally in the place where the Candidate was previously admitted, the examination in General Law will not be so extensive or minute as in the case of Candidates not previously admitted elsewhere.

(b) Candidates previously admitted to practice in Sheriff’s Court in Scotland.

Rule 16. Every Candidate for admission as a Soli- citor, who has been previously admitted to practice in any of the Sheriff’s Courts of Scotland shall pass the same examination in Law and general knowledge as are hereinafter required for Candidates not previously admitted.

(c) Candidates not previously admitted elsewhere.

Rule 17. Every Candidate for admission as a Sol- icitor who has not previously been admitted elsewhere must produce to the examining Judge at his first and second Examinations, such Articles, Contracts, Assign- ments, or Appointments as he may rely upon, duly authen- ticated, or must give satisfactory secondary evidence of the same, if the originals cannot be produced, and the same and the contents thereof must be verified by affidavit, and where any such documents are required by Law to be filed, the filing thereof must be proved in like manner.

Rule 18. An affidavit must be made by the person or persons, under whom such Candidate has served, of the bona fide and exclusive service of such clerk under such articles, and of the conduct of such Candidate during such service, or the absence of such affidavit must be accounted for, and the service sworn to, by the affidavit of the Candidate.

Rule 19. Such Candidate as last mentioned shall produce at each examination evidence to the satisfac- tion of the examining Judge, from the place where the past service of such Candidate has taken place, of the good character and conduct of such Candidate, and in no case where the service, or part of the service relied on has taken place in any part of New Zealand not within the Judicial District of the examining Judge, will a Candidate be admitted till the examining Judge has communicated with the Judge of such other district.

Rule 20. There shall be two examinations of this class of Candidates, the first of which shall take place not less than twelve months before the time at which the service of the candidate under articles can expire. The second examination will take place after the expiration of the service upon which the Candidate relies for his admission.

At the first examination, an intimation will be given by the examining Judge to the Candidate of the matters, if any, in respect of which the Candidate seems to be deficient, and the Candidate will be expected to give evidence at the second examination of progress in respect of such matters.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1864, No 295





✨ LLM interpretation of page content

⚖️ Law Practitioners' Examination Rules (continued from previous page)

⚖️ Justice & Law Enforcement
9 February 1864
Barristers, Solicitors, Examination Rules