Every Registrar of the Supreme Court shall keep in his office a Roll on which shall be inscribed the name of every person who shall be admitted as a Barrister of the Court and no person shall act as a Barrister of the Court unless at the time of his so acting his name shall be upon such Roll.

No person shall be entitled to be admitted and enrolled as a Barrister

Unless at the time of the passing of this Act he shall have been duly admitted according to the Law for the time being in force and shall be on the Rolls of the Court as a Barrister or Solicitor thereof in which case he shall be entitled to be enrolled at any time without examition or fee or

Unless he shall have been admitted a Solicitor of the Court after the passing of this Act and no such rule as hereinafter provided shall be in force directing that Barristers shall not practise as Solicitors nor Solicitors as Barristers and in such case he shall be entitled to be admitted without examination or

Unless he shall have been admitted a Barrister or Advocate in Great Britain or Ireland or in one of the Australian Colonies or in Tasmania and shall have passed such an examination as is hereinafter required in such case or

Unless he shall have been bonâ fide exclusively engaged in the study of the Law as a pupil of some Barrister on the Roll of the Court as such for three years at least before he shall apply to be admitted and shall have passed such an examination as is hereinafter in such case required.

Provided always that no person shall be entitled to be admitted or enrolled as a Barrister unless he be of the age of twenty-one years at least.

The Court or any Judge thereof before admitting any Candidate shall examine and enquire or cause to be examined and enquired by such ways and means as he or it shall think proper touching

The admission of the Candidate if previously admitted as a Barrister or Advocate as aforesaid

The due employment in the study of the Law of the Candidate if not previously so admitted

The character of the Candidate

And the fitness and capacity of the Candidate to act as a Barrister of the Court

and if the Court or the said Judge shall be satisfied by examination and enquiry or by certificate of Examiners as hereinafter provided that such Candidate is fit duly qualified and competent to act as a Barrister the Court or the said Judge shall make an order directing the name of such Candidate to be placed upon the Roll of the Court as a Barrister and the same shall be so placed by the Registrar accordingly.

For the purpose of facilitating the examination and enquiry respecting the several matters hereinbefore specified the Judges of the Court shall have power from time to time to appoint either themselves or some or one of them alone or in conjunction with some other persons or person or to appoint some other persons only as they may think fit to be examiners for the purpose of examining Candidates and giving certificates that such Candidates have satisfactorily passed an examination for the purposes hereinbefore mentioned.

The Judges of the Court shall from time to time make such General Rules and Regulations touching such qualification and examination of Candidates and touching the evidence of previous admission and of character and touching any other matters whatever relating to the admission of Barristers of the Court as they may think fit.

Provided always that such Rules and Regulations shall contain provisions to the following effect viz.:—

That Candidates who have been admitted as Barristers or Advocates in Great Britain or Ireland or in one of the Australian Colonies or in Tasmania shall be examined only as to their knowledge of the Law of New Zealand so far as it differs from the Law of England.

That Candidates who shall have taken a degree in Arts or Law from some University or other Body in Great Britain or Ireland Australia Tasmania or New Zealand which has or hereafter may have power by law to grant such a degree shall be examined only in Law.

That all other Candidates shall be examined in Law and general knowledge.

In New Zealand Barristers of the Supreme Court shall have all the powers privileges duties and responsibilities that Barristers have in England.

Any Barrister shall be removeable from the Rolls of the Court for reasonable cause whensoever and wheresoever the same may have arisen.

No person shall act as a Barrister in any Court in New Zealand who is not at the time of his so acting a Barrister on the Roll according to this Act and every person who shall so act not being on such Roll as aforesaid shall be deemed to be guilty of a contempt of the Court in which he shall so act and may be punished accordingly and shall also be liable to forfeit and pay any sum not exceeding Fifty Pounds for every such offence.

Every Barrister according to this Act so long as he shall continue on the Roll of the Court as such may practise as an Advocate.

Every Registrar of the Supreme Court shall keep in his Office a Roll on which shall be inscribed the name of every person who shall be admitted as a Solicitor of the Court.

No person shall act as a Solicitor of the Court unless at the time of his so acting his name shall be upon such Roll.

No person shall be entitled to be admitted and enrolled as a Solicitor—

Unless at the time of the passing of this Act he shall have been duly admitted according to the Law for the time being in force and shall be on the Rolls of the Court as a Barrister or Solicitor thereof in which case he shall be entitled to be enrolled at any time without examination or fee or

Unless he shall have been admitted a Barrister of the Court after the passing of this Act and no such Rule as hereinafter provided shall be in force directing that Barristers shall not practice as Solicitors nor Solicitors as Barristers in which case he shall be admitted without examination or

Unless he shall have been admitted as a Solicitor Attorney or Writer in one 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 Australia or in the Supreme Court of Tasmania and shall have been admitted or actually have practised in such capacity within a period of three years before his application to be admitted as a Solicitor in New Zealand and shall have passed an examination as to his knowledge of the Law of New Zealand so far as it differs from the Law of England or

Unless he shall have been bound by a contract in writing to serve as Clerk and shall have duly served under such contract as Clerk to a practising Solicitor in New Zealand or to a practising Attorney Solicitor Writer or Proctor in England or Wales Ireland Scotland Australia or Tasmania for and during the term of five years and shall also within three years after the expiration of such term of five years have passed such examination in Law and general knowledge as hereinafter mentioned or

Unless he shall have served some portion of the term of Clerkship required by law to qualify him to practise as a Solicitor Attorney Writer or Proctor as aforesaid in England or Wales Scotland Ireland Australia or Tasmania and shall within two years after the expiration of such portion of such term have been bound by contract in writing to serve and shall actually have served as Clerk to a practising Solicitor in New Zealand for and during such a term as taken along with such portions of a term as hereinbefore mentioned shall amount in the whole to five years at least and shall within one year after expiration of such last mentioned term have passed such examination in Law and General Knowledge as hereinafter mentioned or

Unless he shall within four years before having entered into such contract as hereinafter next mentioned have taken a degree in Arts or Law from some University or other body in Great Britain or Ireland Australia Tasmania or New Zealand which has or hereafter may have power by Law to grant such degrees and shall have been bound by a contract in writing to serve and shall have duly served as Clerk under such contract to a practising Solicitor Attorney Writer or Proctor in England or Wales Ireland Scotland Australia or Tasmania or New Zealand for and during the term of three years and shall also within three years after the expiration of such term of three years have passed such an examination in Law as hereinafter mentioned or

Unless he shall have been bound by a contract in writing to serve and shall have duly served under such contract as Clerk to a Solicitor in New Zealand for and during a term which when taken along with any portion which he may previously have served of the term of Clerkship required by Law to qualify him to practise as a Solicitor Attorney Writer or Proctor in England or Wales Ireland Scotland Australia or Tasmania shall amount in the whole to three years at the least he having taken such degree as aforesaid within four years of the commencement of the former term of service and having entered into the second contract and the service thereunder within two years of the expiration of such portion of such previous service and shall within two years of the completion of such term of service of three years have passed such examination in Law as hereinafter mentioned or

Unless he shall be at least twenty-four years of age and shall have been bound and actually have served as aforesaid for three years at least and shall within three years after the expiration of such term of service have passed such examination in Law and general knowledge as shall for the time being be prescribed for Barristers of the Court or

Unless he shall have been admitted to practise in a Sheriff Court in Scotland and have acquired such qualification not more than two years before his application to be admitted in New Zealand and shall make such application before the first day of January 1862 and shall have passed such examination in Law and General Knowledge as hereinafter mentioned or unless he shall have been admitted to practise in any of the Sheriff Courts of Scotland and after being so admitted shall have been bound by contract in writing to serve and shall have duly served as Clerk to a Solicitor in New Zealand for the term of two years at least and shall within two years from the completion of such term of service have passed such examination in Law and general knowledge as hereinafter required or

Unless he shall have been duly appointed as Registrar or as Clerk to any Registrar of the Supreme Court of New Zealand prior to the passing of this Act and shall have duly served as such Registrar or Clerk for and during the term of five years at least and shall within one year after having ceased to serve as such Registrar or Clerk have passed such examination in Law and general knowledge as hereinafter mentioned:

Provided always that no person shall be entitled to be admitted and enrolled as a Solicitor unless he be of the age of twenty-one years at the least Provided also that notwithstanding anything herein contained an examination in Law only previous to admission shall be required of persons who shall have been bound as aforesaid in New Zealand before the first day of January, 1859.

No Solicitor shall have more than two Clerks at one and the same time bound by such contract in writing as aforesaid to serve him as Clerks and no Solicitor shall have or retain any Clerk bound by contract in writing as aforesaid after such Solicitor shall have discontinued or left off practising as or carrying on the business of a Solicitor nor whilst such Solicitor shall be retained or employed as a Clerk by any other Solicitor and service by any Clerk under articles to a Solicitor during any part of the time that such Solicitor shall be so employed as Clerk by any other Solicitor shall not be deemed or accounted good service under such articles.

In the calculation of the time of actual service of a Clerk to an Attorney or Solicitor in England or Wales any period of time during which the Clerk may have been employed as Pupil of a Barrister or certificated Special Pleader in England or Wales or as Clerk to the London Agent of such Attorney or Solicitor and which by the law of England would be allowed as good service for a part of the term contracted for shall be taken into consideration and allowed for the purposes of this Act.

If any Solicitor to or with whom any such Clerk shall be so bound shall die before the expiration of the term for which such Clerk shall be bound or shall discontinue or leave off practice as a Solicitor or if such contract shall by mutual consent of the parties be cancelled or in case such Clerk shall be legally discharged before the expiration of such term by any Rule or Order of the Court such Clerk may in any of the said cases by another contract in writing be bound to serve as Clerk to any other practising Solicitor during the residue of the said term and service under such second or other contract shall be deemed and taken to be good and effectual.

In calculating the whole or any portion of the time of service of any Clerk in England or Wales Ireland Scotland Australia or Tasmania for the purpose of this Act any time which such Clerk may have served under a second or other subsequent contract of service to any Attorney Solicitor Writer or Proctor and which might have been allowed by the law of such country as good service for the purpose of the Clerk being admitted as an Attorney Solicitor Writer or Proctor in such country shall be taken into consideration and allowed.

Every contract for serving as a Clerk to a Solicitor in New Zealand or a copy thereof shall within six months after its execution be filed with the Registrar of the Supreme Court in the district in which the Solicitor resides and at the same time an affidavit shall be filed of the execution and date of execution of the contract by the Solicitor and the Clerk and such contract or copy and affidavit shall be produced or transmitted by such Registrar on reasonable notice from the Clerk to the Judge or one of the Judges to whom such Clerk shall apply for admission at the time of such application Provided always in case such affidavit be not filed within such six months the service of such Clerk shall be reckoned to commence and be computed from the day of filing such affidavit unless the Court shall otherwise order Provided also in respect of any contract for serving as a Clerk to a Solicitor in New Zealand entered into before the passing of this Act that such contract or copy and affidavit it not then already filed may be filed within six months after the passing hereof.

A book shall be kept by the Registrar of each district containing the names and addresses of all Solicitors and Clerks and the date of the execution of the contract of service which book shall be open to the inspection of the public on payment of a fee of one shilling for each inspection,

Every service under any contract by any Clerk for the purposes of this Act shall be a bonâ fide actual and continuing employment of such Clerk by such Attorney Solicitor Writer or Proctor in the business of such Attorney Solicitor Writer or Proctor except as to such time as such Clerk may have been lawfully employed as pupil with such Barrister Special Pleader or London Agent as aforesaid.

In case any Solicitor to whom any Clerk shall be bound by contract in writing as aforesaid shall before the end or determination of such contract become bankrupt or take the benefit of any Act for the relief of Insolvent Debtors or be imprisoned for debt or remain in prison for the space of twenty- one days or if it should appear to the satisfaction of the Court or one of the Judges thereof that there is reasonable cause for discharging such contract it shall be lawful for the Court or such Judge upon the application of such Clerk to order the said contract to be discharged or assigned to such person upon such terms or in such manner as the Court or the said Judge shall think fit.

The Supreme Court or any Judge thereof before admitting any person to be a Solicitor of the Court shall examine and enquire or cause to be examined and enquired by such ways and means as it or he shall think proper—

Touching the admission of any candidate for admission who shall have previously been admitted as an Attorney Solicitor Writer or Proctor in Great Britain or Ireland Australia or Tasmania and the time when he ceased to act in such capacity:

Touching the contract of service and the service of any Clerk as hereinbefore mentioned

And touching the character of any such person so having been admitted or so having served and his fitness and capacity to act as a Solicitor of the said Supreme Court.

If the Court or the said Judge thereof shall be satisfied by such examination and enquiry or by a Certificate of Examiners such as hereinafter mentioned that such person is duly qualified and competent to act as a Solicitor of the Court the Court or Judge shall administer or cause to be administered to such person the Oaths herein prescribed and after such Oaths shall have been taken shall cause such person to be admitted and his name to be enrolled as a Solicitor of such Court which admission shall be in writing signed by the Judges or a Judge of the said Court.

Every person before he shall be admitted and enrolled as a Solicitor shall take the Oath of allegiance and the Oath following —

For the purpose of facilitating the examination and enquiry respecting the previous admission or the service as Clerk of any person and of his fitness and competency to act as a Solicitor the Judges of the Court shall have power from time to time to appoint either themselves or some one of them either alone or in conjunction with some other persons or person or to appoint some other persons only such as they may think fit to be Examiners and to give the Certificates that any person applying for admission as a Solicitor has satisfactorily passed an examination for the purposes hereinbefore mentioned.

The Judges shall also have power from time to time to make such General Rules and Regulations touching such examination and touching the evidence of previous admission and of service as a Clerk and of character and touching any other matters relating to the admission and enrolment of Solicitors as the Judges may think fit which Rules and Regulations shall prescribe examinations in Law and general knowledge including a competent knowledge of the Latin tongue Provided always that no examination shall be required in general knowledge until the Rules prescribing the same shall have been made and published for six months previously to such examination.

The final examination (if more than one be prescribed) to be passed in Law shall as nearly as may be having reference to the Laws in force in New Zealand be of the same character and description as that which for the time being shall be prescribed in England for Attorneys and Solicitors of the Superior Courts at Westminster.

No person shall be prevented or disqualified from being admitted and enrolled as a Solicitor nor be liable to be struck off the Roll if admitted by reason or in consequence of the Solicitor to whom he may have been bound under articles having after such service been struck off the Rolls provided that such person be otherwise entitled to be admitted and enrolled under this Act.

No person who has been admitted and enrolled shall be liable to be struck off the Roll for or on account of any defect in the articles of Clerkship or in his service under such articles or in his admission and enrolment unless the application for striking him off the Rolls be made within twelve months from the time of his admission and enrolment or within twelve months after the passing of this Act provided that such articles service admission or enrolment be without fraud and such person shall have been qualified to be admitted according to the Law for the time being in force.

No Solicitor who shall be a prisoner in any gaol or prison or within the limits rules or liberties of any gaol or prison may during his confinement in any gaol or prison or within the limits rules or liberties thereof as a Solicitor in his own name or in the name of any Solicitor sue out any writ or proofs or commence or prosecute or defend any action or suit in the Court and any Solicitor so commencing prosecuting or defending any action or suit as aforesaid or any Solicitor permitting or empowering any such Solicitor as aforesaid to commence prosecute or defend any action or suit in his name shall be deemed to be guilty of a contempt of the Court and punishable accordingly upon the application of any person complaining thereof and such Solicitor so commencing prosecuting or defending any action or suit as aforesaid shall be incapable of maintaining any action or suit in any Court whatever for the recovery of any fee reward or disbursement for or in respect of any business matter or thing done by him whilst such prisoner as aforesaid in his own name or in the name of any other Solicitor.

If any Solicitor shall wilfully and knowingly act as agent in any action suit or matter in the Supreme Court for any person not duly qualified to act as a Solicitor or permit or suffer his name to be anyways made use of in any action or suit upon the account or for the profit of any unqualified person or send any process to such unqualified person or do any other act thereby to enable such unqualified person to appear act or practise in any respect as a Solicitor in any action suit or matter in the Supreme Court knowing such person not to be duly qualified as aforesaid or shall without the sanction of the Court or of a Judge thereof knowingly employ or permit to act as a clerk writer or otherwise in or about his business of a Solicitor any person who being or having been a Barrister or a Solicitor shall be under suspension from practise or shall have been struck off the Rolls of Barrister or Solicitor and complaint thereof shall be made in a summary way to the Supreme Court or any Judge thereof and proof made thereof upon Oath to the satisfaction of the Court or Judge that such Solicitor hath wilfully and knowingly offended therein as aforesaid then and in such case every such Solicitor so offending shall and may be struck off the Roll and for ever after disabled from practising as a Solicitor or suspended from practise for such period as to the Court or Judge may seem meet and in that case and upon such complaint and proof made as aforesaid it shall and may be lawful to and for the Court and the said Judge to commit such unqualified person so acting or practising as aforesaid to any gaol or prison it or he may think fit without bail or mainprise for any term not exceeding one year.

Nothing herein contained shall affect the summary jurisdiction of the Supreme Court over Solicitors thereof but the Supreme Court or a Judge thereof shall have full power to remove from the Roll suspend from practice or attach any Solicitor of such Court or to make any such order as it or he may think fit respecting the practise of such Solicitor upon reasonable cause shewn whensoever and wheresoever the same may have arisen.

No Solicitor nor any Executor Administrator or Assignee of any Solicitor shall commence or maintain any action or suit for the recovery of any fees charges or disbursements for any business done by such Solicitor until the expiration of one month after such Solicitor or Executor Administrator or Assignee of such Solicitor shall have delivered to the party to be charged therewith or left for him at his counting house office of business dwelling-house or last known place of abode a bill of such fees charges and disbursements and which bill shall either be subscribed with the proper hand of such Solicitor (or in the case of a partnership by any of the partners either with his own name or with the name or style of such partnership) or of the Executors Administrators or Assignees of such Solicitor or being enclosed in or accompanied by a letter subscribed in like manner referring to such Bill.

Upon the application of the party chargeable by such bill within such month it shall be lawful whether the business contained in such bill or any part thereof shall have been transacted in any Court or no part thereof shall have been transacted in any Court for any Judge of the Supreme Court to refer on such terms as he shall think fit such bill and the demand of such Solicitor Executor Administrator or Assignee thereupon to be taxed and settled by the Registrar.

In case no such application as aforesaid shall be made within such month as aforesaid then it shall be lawful for such reference to be made as aforesaid either upon the application of the Solicitor or the Executor Administrator or Assignee of the Solicitor whose bill may have been so as aforesaid delivered or left or upon the application of the party chargeable by such bill with such directions and subject to such conditions as the Judge making such reference shall think proper and such Judge may restrain such Solicitor or the Executor Administrator or Assignee of such Solicitor from commencing or prosecuting any action touching such demand pending such reference upon such terms as shall be thought proper.

No such reference as aforesaid shall be directed upon an application made by the party chargeable with such bill after a verdict shall have been obtained or a writ of inquiry executed in any action for the recovery of the demand of such Solicitor or the Executor Administrator or Assignee of such Solicitor or after the expiration of twelve months after such bills shall have been delivered or left as aforesaid except under special circumstances to be proved to the satisfaction of the Judge to whom the application for such reference shall be made and upon every such reference if either the Solicitor or Executor Administrator or Assignee of the Solicitor whose bill shall have been delivered or left or the party chargeable with such bill having due notice shall refuse or neglect to attend such taxation the officer to whom such reference shall be made may proceed to tax and settle such bill and demand ex parte.

In case any such reference as aforesaid shall be made upon the application of the party chargeable with such bill or upon the application of such Solicitor or the Executor Administrator or Assignee of such Solicitor and the party chargeable with such bill shall attend upon such taxation the cost of such reference shall except as hereinafter provided for be paid according to the event of such taxation that is to say if such bill when taxed be less by a sixth part than the bill delivered or left then such Solicitor or Executor Administrator or Assignee of such Solicitor shall pay such costs and if such bill when taxed shall not be less by a sixth part than the bill delivered or left then the party chargeable with such bill making such application or so attending shall pay such costs and every order to be made for such reference as aforesaid shall direct the officer to whom such reference shall be made to tax such costs of such reference to be so paid as aforesaid and to certify what upon such reference shall be found to be due to or from such Solicitor or Executor or Assignee of such Solicitor in respect of such bill and demand and of the costs of such reference if payable Provided that such officer shall in all cases be at liberty to certify specially any circumstances relating to such bill or taxation and the Judge shall be at liberty to make thereupon any such order as he may think right respecting the payment of the costs of such taxation Provided also that where such reference as aforesaid shall be made when the same is not authorised to be made except under special circumstances as hereinbefore provided then the said Judge shall be at liberty if he shall think fit to give any special directions relative to the costs of such reference.

It shall be lawful for the said Court or Judge in the same cases in which they are respectively authorised to refer a bill which has been so as aforesaid delivered or left to make such order for delivery by the Solicitor or the Executor Administrator or Assignee of any Solicitor of such bill as aforesaid and for the delivery up of deeds documents or papers in his possession custody or power or otherwise touching the same in the same manner as has heretofore been made as regards Solicitors by such Court or Judge respectively where any such business had been transacted in the Court.

It shall not in any case be necessary in the first instance for any Solicitor or Executor Administrator or Assignee of such Solicitor in proving a compliance with this Act to prove the contents of the bill he may have delivered or left but it shall be sufficient to prove that a bill of fees charges or disbursements subscribed in the manner aforesaid or enclosed in or accompanied by such letter as aforesaid was delivered or left in manner aforesaid but nevertheless it shall be competent for the other party to show that the bill so delivered or left was not such a bill as constituted a bonâ fide compliance with this Act.

It shall be lawful for any Judge of the Supreme Court to authorise a Solicitor to commence an Action for the recovery of his fees charges or disbursements against the party chargeable therewith although one month shall not have expired from the delivery of a bill as aforesaid on proof to the satisfaction of the said Judge that there is probable cause for believing that such party is about to quit the Colony.

When any person not the party chargeable with any such bill within the meaning of the provisions hereinbefore contained shall be liable to pay or shall have paid such bill either to the Solicitor his Executor Administrator or Assignee or to the party chargeable with such bill as aforesaid it shall be lawful for such person his Executor Administrator or Assignee to make such appeal for a reference for the taxation and settlement of such bill as the party chargeable therewith might himself make and the same reference and order shall be made thereupon and the same course pursued in all respects as if such application was made by the party so chargeable with such bill as aforesaid Provided always that in case such application is made when under the provisions herein contained a reference is not authorised to be made except under special circumstances it shall be lawful for the Court or Judge to whom such application shall be made to take into consideration any additional special circumstances applicable to the person making such application although such circumstances might not be applicable to the party so chargeable with the said bill as aforesaid if he was the party making the application.

It shall be lawful in any case in which a Trustee Executor or Administrator has become chargeable with any such bill as aforesaid for any Judge of the Court if in his discretion he shall think fit upon the application of a party interested in the property out of which such Trustee Executor or Administrator may have paid or be entitled to pay such bill to refer the same and such Solicitor’s or Executor’s Administrator’s or Assignee’s demand thereupon to be taxed and settled by the Registrar with such directions and subject to such conditions as such Judge shall think fit and to make such order as such Judge shall think fit for the payment of what may be found due and of the costs of such reference to or by such Solicitor or the Executors Administrators or Assignees of such Solicitor by or to the party making such application having regard to the provisions herein contained relative to applications for the like purpose by the party chargeable with such bill so far as the same shall be applicable to such cases and in exercising such discretion as aforesaid the said Judge may take into consideration the extent and nature of the interest of the party making the application Provided always that where any money shall be so directed to be paid by such Solicitor or the Executors Administrators or Assigns of such Solicitor it shall be lawful for such Judge if he shall think fit to order the same or any part thereof to be paid to such Trustee Executor or Administrator so chargeable with such bill instead of being paid to the party making such application and where the party making such application shall pay any money to such Solicitor or Executor Administrator or Assignee of such Solicitor in respect of such bill he shall have the same right to be paid by such Trustee Executor or Administrator so chargeable with such bill as such Solicitor or Executor Administrator or Assignee of such Solicitor had.

For the purpose of any such reference upon the application of the person not being the party chargeable within the meaning of the provisions of this Act as aforesaid or of a party interested as aforesaid it shall be lawful for the Court or a Judge to order any such Solicitor or the Executors Administrators or Assigns of any such Solicitor to deliver to the party making such application a copy of such bill upon payment of the costs of such copy.

No bill which shall have been previously taxed and settled shall be again referred unless under special circumstances the Court or Judge to whom such application is made shall think fit to direct a re-taxation thereof.

The payment of any such bill as aforesaid shall in no case preclude the Court or Judge to whom application shall be made from referring such bill for taxation if the special circumstances of the case shall in the opinion of such Court or Judge appear to require the same upon such terms and conditions and subject to such directions as to such Court or Judge shall seem right provided the application for such reference be made within twelve calendar months after payment.

All applications made under this Act to refer any such bill as aforesaid to be taxed and settled and for the delivery of such bill and for the delivering up of Deeds Documents and Papers shall be made in the matter of such Solicitor and that upon the taxation and settlement of any such bill the certificate of the officer by whom such bill shall be taxed shall (unless set aside or altered by order or rule of Court) be final and conclusive as to the amount thereof and payment of the amount certified to be due and directed to be paid may be enforced according to the course of the Court and such Court or any Judge thereof may order judgment to be entered up for such amount with costs unless the retainer shall be disputed or make such other order thereon as such Court or Judge shall deem proper.

No person shall act as a Solicitor in any Court in New Zealand who is not at the time of his so acting a Solicitor enrolled according to the provisions of this Act and any person who shall offend against this provision shall be deemed to be guilty of a contempt of the Court in which he shall so act and may be punished accordingly and shall also be liable to a penalty not exceeding Fifty Pounds for every such offence.

Every Solicitor according to this Act may so long as he shall continue on the Rolls of the Court as such practise as a Proctor.

If any man not being a Barrister or Solicitor of the Court shall act as a Conveyancer he shall forfeit and pay for every such offence any sum not exceeding the sum of Fifty Pounds.

No Barrister shall act as such unless he shall have obtained from the Court a Certificate which shall then be in force to the effect that he is on the Roll of the Court as a Barrister thereof and any Barrister who shall offend against this provision shall be deemed guilty of a contempt of Court and shall forfeit and pay a penalty not exceeding Fifty Pounds.

No Solicitor shall act as such unless he shall have obtained from the Court a Certificate which shall then be in force to the effect that he is on the Roll of the Court as a Solicitor thereof and any Solicitor who shall offend against this provision shall be deemed guilty of a contempt of Court and shall forfeit and pay a penalty not exceeding Fifty Pounds.

On application made to him for that purpose by any Barrister or Solicitor whose name shall be on the Rolls of the Court as such respectively any Registrar of the Court shall issue a Certificate to him under the Seal of the Court accordingly and any such Certificate shall be in force from the tenth day of January next after the issue thereof till the tenth day of January following or if the person applying for the same shall so require until the tenth day of January only next ensuing the issue thereof.

The several sums of money mentioned in the second Schedule to this Act shall be taken and received as fees for the matters therein specified.

All fees payable and received under this Act shall be applied in such manner as the Supreme Court or a Judge thereof shall from time to time direct to the purchase and maintenance of a Law Library at the Capital Town of the Province in which they shall be respectively received for the use of the Supreme Court and the Barristers and Solicitors practising in such Province.

It shall be lawful for the Supreme Court or in default thereof for the Judge of the Judicial District in which any such Library shall be established and maintained from time to time to make Regulations for the management thereof and to impose penalties not exceeding Five Pounds for any breaches of the same.

It shall be lawful for the Judges of the Supreme Court whenever they may deem it expedient to do so from time to time to make rules of Court directing that no Barrister shall practise as a Solicitor of the Court and no Solicitor shall practise as a Barrister of the Court and any such rule may be made applicable to the whole or any part of the Colony and may be revoked by the said Judges Every such rule shall come into operation at the expiration of six months from the day the same shall have been published in the New Zealand Gazette but no such publication shall be made until the said Rules shall have been laid on the Tables of both Houses of the General Assembly for thirty days during a Session of the General Assembly.

During the said six months every person who shall have been admitted and enrolled both as a Barrister and Solicitor of the Court shall by writing under his hand to be filed with the Registrar of the Court for the district in which he usually practises signify his election to practise only either as a Barrister or as a Solicitor of the Court as he shall think fit and from and after the expiration of such six months such person shall be entitled to practise that branch of the profession only which he shall have selected and shall be struck off the Roll of the other branch accordingly Provided that if any such person shall have passed only the Examination to be prescribed under the authority of this Act for the admission of Solicitors he shall not be allowed to practise as a Barrister until he shall have passed the Examination to be prescribed under the authority hereof for the admission of Barristers Provided also that if any person shall fail to make his election within the said six months a Judge of the Court as soon as conveniently may be after the expiration thereof shall subject to the proviso last hereinbefore contained order the name of such person to be struck either off the Roll of Barristers or Solicitors of the Court as he shall think fit.

The whole of this Act except sections 53 & 54 shall come into operation on the first day of October 1861 and sections 53 and 54 shall come into operation on the tenth day of January 1862.