Law Agents (Scotland) Act 1873
| Jurisdiction | UK Non-devolved |
| Citation | 1873 c. 63 |
Law Agents (Scotland) Act, 1873
(36 & 37 Vict.) CHAPTER 63.
An Act to amend the Law relating to Law Agents practising in Scotland.
[5th August 1873]
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:
1 Interpretation of terms.
1. The following words and expressions when used in this Act shall have the meanings hereby assigned to them; that is to say,
‘The Court’ shall mean the Court of Session:
‘Law Agent’ shall include Writers to the Signet, Solicitors in the Supreme Courts, Procurators in any Sheriff Court, and every person entitled to practise as an agent in a court of law in Scotland:
‘Enrolled Law Agent’ shall mean any Law Agent enrolled pursuant to the provisions of this Act:
‘The Registrar’ shall mean the Registrar of Law Agents under this Act.
2 Admission, enrolment, and powers of Law Agents.
2. From and after the passing of this Act no person shall be admitted as a Law Agent in Scotland except in accordance with the provisions of this Act.
Every enrolled Law Agent shall be deemed to be admitted, and, subject to the provisions of this Act with respect to stamp duty and subscribing the roll of Law Agents appointed to be kept for the Court of Session and the several Sheriff Courts respectively, shall be entitled to practise in any court of law in Scotland.
3 Lists to be certified of members of certain Societies.
3. On or before the first day of February eighteen hundred and seventy-four the Deputy Keeper of the Signet, or other person to be appointed for the purpose by the Society of Writers to the Signet, the President of the Incorporated Society of Solicitors in the Supreme Courts, or other person to be appointed for the purpose by that Society, and the President or Dean of each Society of Law Agents which before the passing of ‘The Procurators (Scotland) Act, 1865,’ was incorporated by Act of Parliament or Royal Charter, or other person to be appointed for the purpose by each such Society, shall respectively prepare and deliver to the Registrar certified lists containing the names and designations of all persons who then are members of such Societies respectively, and the Registrarshall enrol as a Law Agent every such person on his applying to be enrolled and grant to him a certificate of his enrolment.
4 Lists of Procurators to be certified.
4. The Sheriff Clerk of each county shall, on or before the first day of February eighteen hundred and seventy-four, prepare and deliver to the Registrar certified lists containing the names and designations of all persons admitted as Procurators in the Sheriff Court of the county previous to that date and not included in any of the lists delivered under the preceding section, and the Registrarshall enrol as a Law Agent every such person on his applying to be enrolled and grant to him a certificate of his enrolment.
5 Provisions as to the qualification of applicants for admission as Law Agents in future.
5. With respect to the qualifications for admission as Law Agents under this Act the following provisions shall have effect:
(1) (1.) An applicant for admission must be twenty-one years of age, and must, except in the cases after mentioned, have served an apprenticeship of five years with a practising Law Agent, or with a Sheriff Clerk in office at the passing of this Act.
(2) (2.) An apprenticeship entered upon after the passing of this Act must be served under indenture, and the indenture shall be recorded in the register of probative writs of the county in which the same is entered into and intimated to the Registrar within six months from the date fixed for the commencement of the apprenticeship, and any assignation of such indenture shall be intimated to the Registrar within six months of its date.
(3) (3.) Any person who before the passing of this Act has entered upon an apprenticeship, with or without indenture, for a shorter term than five years, with a master qualified according to the law then existing, may serve, without indenture, with the same or another master the additional period necessary to make up five years.
(4) (4.) When from necessary or reasonable cause the whole period of apprenticeship under an indenture cannot be completed with the master therein named, the remainder of the period may be completed with another qualified master.
(5) (5.) A master may permit his apprentice to serve any part of his term, not exceeding two years, with another qualified master.
(6)Cases in which service for the term of three years will suffice. (6.) Any of the following persons shall be qualified to apply for admission if he shall have served an apprenticeship as aforesaid for three years; that is to say,
(a. ) A person who, either before or after the passing of this Act, shall for five years have been a clerk to, and engaged under the superintendence of a practising Law Agent, in such business as is usually transacted by Law Agents;
(b. ) A person holding a degree in law or in arts of an University in Great Britain or Ireland granted after examination;
(c. ) A member of the Faculty of Advocates;
(d. ) A person who has been called to the degree of Utter Barrister in England;
(e. ) A person who has been admitted and enrolled as an attorney or solicitor in England.
6 Apprentices before admission to make affidavit of having served.
6. Every person shall, before he be admitted a Law Agent according to this Act, make affidavit that he has actually served an apprenticeship to a qualified master or masters during the whole time required by this Act.
7 Admission and enrolment of applicants as Law Agents.
7. Any person qualified as herein-before provided may resent to the Court a petition praying to be admitted as a Law Agent, and the Court shall examine and inquire, by such ways and means as they shall think proper, touching the indenture and service and the fitness and capacity of such person to act as a Law Agent; and if the Court shall be satisfied by such examination, or by the certificate of examiners as herein-after mentioned, that such person is duly qualified and fit and competent to act as a Law Agent, then and not otherwise the Court shall cause him to be admitted a Law Agent and his name to be enrolled as such, which admission shall be in writing and signed by a judge of the Court, and shall be stamped with the stamps required by law to be impressed on the admission of Law Agents.
The petition may be presented to any judge of the Court officiating as a Lord Ordinary, and the proceedings under the same may take place and be conducted before the same or any other judge according to the judicial arrangements in the Court for the time being, and a single judge shall be entitled to act as the Court with reference to all petitions for admission as a Law Agent under this Act.
8 The Court empowered to appoint Examiners.
8. For the purpose of facilitating the inquiry touching the due service under indenture as aforesaid, and the fitness and capacity of any...
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