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" (viz., the Society of Advocates in Aberdeen, the Faculty of Procurators of Glasgow, the Society of Solicitors-at-Law in Edinburgh, the Society of Writers in Paisley, the Faculty of Procurators and Solicitors of Dundee, the Society of Solicitors of Banffshire, and the Society of Procurators and Solicitors of Perthshire), "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 Registrar shall enrol as a Law Agent every such person on his applying to be enrolled, and grant to him a certificate of his enrolment.

"4. The Sheriff-Clerk of each county shall, on or before the 1st day of February 1874, prepare and deliver to the Registrar certified lists containing the names and designations of all persons admitted as Procurators in the SheriffCourt of the county previous to that date and not included in any of the lists delivered under the preceding section, and the Registrar shall enrol as a Law Agent every such person on his applying to be enrolled, and grant to him a certificate of his enrolment."

2 and 3. Sheriff Court Practitioners admitted to practise in the Court of Session, and all exclusive privileges abolished.—This is the effect of the following important clause, which is the second part of section 2:

"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."

The provisions of the Act with respect to stamp duty are the following:

"17. An enrolled Law Agent who has paid the stamp duty exigible by law on admission to practise as an agent in a Sheriff Court shall be qualified to sign the roll of agents practising in the Court of Session on paying the difference between such duty and the duty chargeable on admission to practise in the Court of Session."

The difference between the two duties is £30, as set forth in the schedule to the Stamp Act of 1870, under "Admission in Scotland," etc. As to the mode in which the duty is to be paid, see secs. 29 & 30 of the Stamp Act (33 & 34 Vict. c. 97). It need scarcely be said that a procurator is not bound to pay any duty in addition to what he has already paid on his admission to the Sheriff Court, unless he is going to practise in the Court of Session; and that he is entitled to practise in all the Sheriff Courts in Scotland without paying any additional duty. See the schedule to the Stamp Act of 1870, under "Admission in Scotland," etc., exemption 2.

The provisions of the Act, referred to in section 2, with respect to "subscribing the roll of Law Agents appointed to be kept for the Court of Session, and the several Sheriff Courts respectively," are the following:

"12. A roll of the Law Agents practising before the Court of Session shall be kept by the clerk of the Lord President in such form as the Lord President may direct, and every enrolled Law Agent who has paid the stamp duty exigible by law on admission to practise as an Agent before the Court of Session shall be entitled to subscribe the said roll, and the said clerk shall be paid five shillings for each subscription, and every Agent shall, on subscribing the said roll, deliver to the said clerk a note specifying his place of business, and shall deliver a similar note so often as he shall change the same.

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"13. A roll of Agents practising in any Sheriff Court shall be kept by the Sheriff Clerk in such form as the Lord President of the Court of Session may direct, and every enrolled Law Agent who has paid the stamp duty exigible by law on admission to practise as an Agent before a Sheriff Court shall be entitled to subscribe the said roll, and the Sheriff Clerk shall be paid a fee of five shillings for each subscription, and every Agent shall, on subscribing the said roll, deliver to the Sheriff Clerk a note specifying his place of business, and shall deliver a similar note so often as he shall change the same.

"14. It shall be lawful for the Lord President of the Court of Session, from time to time, to issue rules and directions with respect to the keeping and subscription of the rolls directed to be kept by the two preceding sections, and such rules and directions shall be observed and obeyed by the several keepers of the said rolls.

"The name of any person shall be struck off the said rolls,

"1. In obedience to the order of the Court, upon application duly made, and after hearing parties, or giving them an opportunity of being heard ;

"2. Upon his own written application.

"16. From and after the first day of February eighteen hundred and seventyfour no person shall be allowed to practise as an Agent in the Court of Session or any Sheriff Court until he shall have subscribed the roll of Agents practising before such Court, or after his name shall have been struck off such roll, unless the same shall have been subsequently restored thereto."

Privileges of Writers to the Signet.—It is only the exclusive privileges of practising in particular courts that is abolished by sec. 2 of the Act. The Writers to the Signet, therefore, still retain the exclusive privilege of signing the last page of summonses in the Court of Session (31 & 32 Vict. c. 100, sec. 13), of signing the signet writs, etc., to which their signature has hitherto been necessary, and of preparing and signing the documents required in order to obtain charters or writs from the Crown. They are also eligible for some offices to which other law agents cannot aspire; and they are entitled to the privileges, now purely nominal, of being members of the College of Justice.

4 and 5. Membership of Societies.-It is not now necessary for any law agent to become a member of any Society or Faculty of law agents, and apprentices to members of such societies cannot be admitted as law agents except under the regulations and in accordance with the provisions of the Law Agents Act. It is farther declared to be lawful for any Society of Law Agents to accept of an apprenticeship for five years, served under the provisions of the Act, with an enrolled law agent, although not a member of such society, as a qualification for admission to such society; and any society may, notwithstanding any law, statute, or usage hitherto in force, admit any enrolled law agent to be a member of it on such terms as it may see

fit. These provisions do not prevent any society from requiring any qualifications as to education or apprenticeship, in addition to those prescribed by the Law Agents Act; but probably the only condition of admission that will be insisted in will be a money payment. If, however, any one desires to be admitted as a member of any particular society, he ought, before entering upon his apprenticeship, to communicate with the secretary of the society, in order to ascertain the terms of admission.

The sections on this subject are the following:

"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." "19. Any Society of Law Agents may, notwithstanding any law, statute, or usage hitherto in force, admit any enrolled Law Agent to be a member of it on such terms as it may see fit.

"20. It shall be lawful for any Society of Law Agents to accept of an apprenticeship for five years served under the provisions of this Act with an enrolled Law Agent, although not a member of such Society, as a qualification for admission to such Society.

"25. From and after the first day of February one thousand eight hundred and seventy-four, 'The Procurators (Scotland) Act, 1865,' shall be and the same is hereby repealed, but such repeal shall not prevent societies which, prior to the passing of this Act, were formed under the said Act from continuing to exist as incorporated societies, and electing such office-bearers as they please, and admitting members on such terms as they see fit; provided always that it shall not be necessary for any Agent admitted under this Act to become a member of any such society."

6. Although the date fixed for the repeal of the Procurators Act in the section last quoted is 1st February next, the 14th and 15th sections of that Act, affording facilities for procurators to form incorporated societies, are practically repealed from and after the passing of the Law Agents Act (5th August last), as it is only such societies as have been incorporated before that date that are to continue to exist as incorporated bodies. The last examination of procurators by the General Council will be held on 11th September. Those who on or before 5th August were remitted by the Sheriff for examination under section 11 of the Procurators Act, and successfully pass the examination, will be certified to be qualified by the General Council before 1st October, and, as after mentioned, will be admitted as Law Agents on application to the Court of Session, without any further examination.

Annual Certificates or Licenses to Practise.-The third section of the Procurators Act provides, that before issuing any certificate to a person who has not previously had a like certificate, the Commissioners of Stamps shall require evidence that such person is either a Writer to the Signet, a Solicitor in the Supreme Courts, or a Notary Public, or a Procurator duly admitted. This section is included in the general repeal of the Procurators Act; but it is declared by the Law Agents Act that

"23. Nothing in this Act contained shall interfere with the obligation of any Law Agent to obtain a stamped certificate."

It should be borne in mind by country agents who intend to practise in the Court of Session, that persons carrying on business in the city or county of Edinburgh pay a higher rate of duty on their certificates than those who practise in any other part of Scotland. See sec. 61 of the Stamp Act of 1870.

As to the summary jurisdiction of the Sheriff under the Procurators Act, see post, 14.

7. The following are the provisions establishing a uniform system in regard to the future qualifications for admission:

"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." "5. With respect to the qualifications for admission as Law Agents under this Act the following provisions shall have effect:

"(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.) 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.) 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 five years. "(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.

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"(5.) A master may permit his apprentice to serve any part of his term, not exceeding two years, with another qualified master.

"(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;

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(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."

The requirements of the Act under this head should be very carefully observed; for although the Court has occasionally, in exceptional circumstances, relaxed the rules laid down by itself in

Acts of Sederunt, it has not the same discretionary power in dealing with statutory enactments; and the English cases on this subject shew that, even after an applicant has been admitted, his name may be struck off the roll on the ground of want of regular and sufficient service, provided the objection is taken within a reasonable time. By sec. 24 of the Procurators Act it was provided that no person admitted a procurator in terms of that Act should be liable to have his admission challenged or set aside on any ground except fraud. It is now provided by 6 & 7 Vict. c. 73, sec. 29, extending to England, and 29 & 30 Vict. c. 84, sec. 40, extending to Ireland, that such challenge must be made within twelve months of the admission, except in cases of actual fraud. But no limit is fixed by the Law Agents Act to the time within which the objection may be taken, and the matter must therefore be regulated by the discretion of the Court.

In particular, the enactment "that an apprenticeship entered upon after the passing of this Act must be served under indenture" requires to be very carefully attended to. Hitherto it has not been unusual, when an intending apprentice has served some length of time before the execution of his indenture, to fix the commencement of his apprenticeship as at the commencement of his actual service; but it would scarcely be safe to do so now, as service prior to the execution of the indenture might not be regarded as service "under indenture." In any case, the provisions in regard to recording and intimation to the Registrar within six months from the date fixed for the commencement of the apprenticeship, render it impossible to antedate the commencement of the apprenticeship more than six months.

The indenture must be duly stamped, but a question of some difficulty arises under the provisions of the Law Agents Act, taken in connection with those of the Stamp Act of 1870, sec. 42, and the schedule under the head "Articles of Clerkship." The question is whether the amount must not now be in all cases £60, as indentures to practitioners in the Sheriff Courts, etc., now qualify for admission to the Court of Session, and as the only mode of admission in future is by that Court. Without expressing any opinion on the subject, we may say that, until the question has been judicially settled, the only perfectly safe course is to have indentures in all cases impressed with a stamp of £60. As the same total sum must be paid on indenture and admission, however it may be distributed between them, the only loss that can be sustained by following this course will be the interest on £59, 17s. 6d. for the few years between apprenticeship and admission. Articles of clerkship or indentures may, however, be stamped at any time. If brought to be stamped within six months from their date, no penalty is exigible; if brought after the expiration of the six months, there is no power given by the Stamp Act to withhold the