HL Deb 11 July 1873 vol 217 cc203-5

(The Lord Chancellor.)

(NO. 163.) COMMITTEE.

House in Committee (according to Order)

Clauses 1 to 4 agreed to.

LORD COLONSAY

moved to insert a clause to the effect that every member of the Society of Writers to the Signet should be enrolled as a law agent on producing his certificate from the Society. He objected that the Writers to the Signet should be called upon to apply for admission and submit to a fresh examination. They were a body of professional men who had already passed a most searching examination, and whose right to practise in the Supreme Courts in virtue of their, commissions as Writers to the Signet had been recognized by statute since the first half of the 16th century.

Moved, after Clause 4, to insert the following clause— Every person who shall hereafter be admitted a Member of the Society of Writers to the Signet shall be enrolled as a law agent by the registrar on producing a certificate of his admission by an officer authorised by the Society to grant such certificate.

THE LORD CHANCELLOR

said, he admitted the high position and great legal attainments of the Writers to the Signet; but he could not see any sufficient reason for exempting them from the examination required for admission as law agents. To do so would be to infringe the principle upon which the Bill was based—namely, to throw open the profession of law agents to all persons who passed the necessary examination, and it could surely be no hardship upon a Writer to the Signet, who had successfully passed a very strict examination, to ask him also to submit to the less trying ordeal through which law agents might be required to pass.

THE DUKE OF RICHMOND

regretted the refusal of the noble and learned Lord to accept the Amendment. The main object of the Bill was to raise the standard of legal education in Scotland, and he could see no reason why the Writers to the Signet should not obtain the exemption proposed in the clause now proposed.

LORD COLONSAY

said, that to pass the Bill in its present shape would defeat one of the main objects of the Bill—namely, to raise the standard of legal education in Scotland. The Writers to the Signet had now to pass a series of very severe examinations, and they could scarcely be expected to submit to double examination; so that if the Bill passed in its present form, it would possibly lower the standard to the level of that which intending law agents were to be called upon to undergo.

After a few remarks from Lord CAIRNS,

On Question? Their Lordships divided: Contents 39; Not-Contents 46: Majority 7.

Resolved in the Negative.

Clauses 5 to 9 agreed to.

Clause 10 (Exceptions to rule that applicants shall undergo examination as to fitness to practise).

On the Motion of the LORD CHANCELLOR, Amendment made that no person who was under indenture at the time of the passing of the Procurators Act, or should have completed his apprenticeship prior to that date, shall be required to undergo an examination in general knowledge.

Clause, as amended, agreed to.

Clauses 11 to 24 agreed to.

Clause 25 (Repealing Clause).

LORD COLONSAY

said, that by this clause the Procurators (Scotland) Act, 1865, was repealed; but it was provided that the repeal of that Act should not prevent Societies formed under the Act continuing to exist as "unincorporated bodies." He proposed to amend the clause by substituting the word "incorporated" for "unincorporated."

Amendment agreed to.

Clause, as amended, agreed to.

LORD COLONSAY

moved to insert the following new clause at the end of the Bill— Except in so far as relates to striking the name of any person off the roll of law agents, nothing in this Act shall be held to affect the existing powers of inferior Courts, or the Judges thereof, over Procurators practising before such Courts, so far as these powers may be necessary for supporting the jurisdiction, and maintaining the authority of several Courts.

Clause agreed to, and added to the Bill.

The Report of the Amendments to be received on Tuesday next, and Bill to be printed as amended. (No. 207.)