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CHAPTER 58

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Consolidate
the Acts Relating to the
Cape Breton Barristers Society

Short title

1 This Act may be cited as the Cape Breton Barristers Society Act. R.S., c. 58, s. 1.

Cape Breton Barristers Society

2 C. M. Rosenblum, Q.C., S. J. Khattar, Q.C., F. L. Elman, Q.C., G. S. Khattar, Q.C., and T. J. K. Gillis, Q.C., J. B. Boudreau, Barrister-at-law, all of Sydney, in the County of Cape Breton, Clarence MacLennan, Barrister-at-law, of North Sydney, in the County of Cape Breton, and such other barristers and solicitors as they may associate with them and their successors are hereby constituted a body corporate under the name The Cape Breton Barristers Society, hereinafter called the "Society". R.S., c. 58, s. 2.

Officers

3 (1) The officers of the Society shall be a President, a Vice-president and a Secretary-treasurer.

Executive council

(2) The executive council of the Society shall consist of the officers named in subsection (1) and four other members of the Society elected annually by the Society. R.S., c. 58, s. 3.

Membership

4 (1) All barristers and solicitors of the Supreme Court of Nova Scotia, residing and practising in the County of Cape Breton shall, and barristers and solicitors residing elsewhere may, be members of the Society.

Member subject to Act and by-laws

(2) A member of the Society is subject to this Act and the by-laws of the Society.

Annual fees

(3) Every member shall pay such annual fees as the Society from time to time prescribes by by-law. R.S., c. 58, s. 4.

By-laws

5 The Society may make by-laws, not inconsistent with this Act or any other enactment, to carry out the provisions of this Act and, without restricting the generality of the foregoing, may make by-laws

(a) regulating the conduct of the Society and the members of the Society;

(b) respecting the amount and payment of fees and dues by the members of the Society to the Society;

(c) defining the powers and duties of the officers and the executive council of the Society;

(d) respecting the use and management of the law library of the Society;

(e) respecting the management and expenditure of moneys and assets of the Society;

(f) respecting the method of calling meetings of the Society and the executive council, the conduct of business at those meetings and the order and proceedings at those meetings;

(g) defining the manner and procedure for making, repealing, amending or re-enacting by laws of the Society. R.S., c. 58, s. 5.

Law library

6 (1) The Society may provide for and maintain a law library at Sydney for the use of its members, and for the use of such other persons as the Society may determine.

Property of Society

(2) All books, papers, fixtures and furniture forming part of or appertaining to the library are the property of the Society and may at any time be sold or otherwise disposed of as the Society may determine. R.S., c. 58, s. 6.

Fee on issue of certain court documents

7 (1) Notwithstanding the Barristers and Solicitors Act, a person who causes to be issued out of the Supreme Court at Sydney or out of the County Court for District Number Seven at Sydney

(a) an originating notice (action) in a proceeding in which there is claimed an amount of eighty dollars or more;

(b) any other originating notice, other than a concurrent originating notice or renewal of an originating notice; or

(c) a petition,

shall pay to the Society towards the support of the library of the Society the sum of three dollars.

Fee for other proceedings

(2) In any other proceeding brought in the Supreme Court, the county court or any other court of record in the County of Cape Breton, the plaintiff or his solicitor shall pay to the Society the sum of one dollar.

Law stamps

(3) Sums payable under this Section shall be paid by stamps.

Design and sale of law stamps

(4) The Society shall provide adhesive stamps with a motto or engraving thereon as may be desired for the payment of such fees, and the stamps shall be kept for sale by the Secretary of the Society and by the prothonotary and clerk of the county court and other courts of record in the County of Cape Breton.

Stamp price included in taxable costs

(5) In every cause the price of the stamp is an item in taxable costs.

Further stamp not required

(6) Notwithstanding the Barristers and Solicitors Act, where a payment is made by stamp in accordance with this Section, no payment by stamp is required by the Barristers and Solicitors Act. R.S., c. 58, s. 7.

Payment of annual fees

8 All annual fees and dues payable under the provisions of this Act shall become due and payable in advance on the first day of January in each year and the same may be recovered by the Society by action in any court of competent jurisdiction as in the case of ordinary debts.  R.S., c. 58, s. 8.

Right of action removed

9 (1) Notwithstanding the Barristers and Solicitors Act, no barrister or solicitor residing and practising in the County of Cape Breton or any member of the Society is capable of maintaining any action for the recovery of any charge, fee, costs or disbursements for or in respect of any matter or thing done by him as a barrister or solicitor nor shall he, or any person represented by him, in any cause or matter be capable of taxing or having allowed to him, or to any such person, by any taxing authority solicitors costs or disbursements in any action, cause, matter or proceeding or of entering judgment for any such charge, fee, costs or disbursements in any court of law, unless and until such solicitors annual fees and dues to the Society are fully paid and not in arrears.

List of persons in arrears

(2) The Secretary of the Society may from time to time furnish the prothonotary of the Supreme Court and the clerk of the county court at Sydney with a list of barristers and solicitors in arrears for such fees and dues.  R.S., c. 58, s. 9.

Certificate required

10 (1) Notwithstanding the Barristers and Solicitors Act, no barrister or solicitor residing and practising in the County of Cape Breton or any member of the Society shall practise as such in the County of Cape Breton without holding an annual certificate to practise, which is in force.

Form of certificate

(2) The form of the certificate shall be determined by the executive council and the certificate shall be issued by and be under the hand of the Secretary and the seal of the Society and shall state that the holder thereof is entitled to practise as a barrister and solicitor under the provisions of this Act.

Fee for certificate

(3) The fee for a certificate shall be the amount of the annual fees and dues prescribed by the by-laws of the Society.

Expiry of certificate

(4) Every certificate expires on the thirty-first day of December in each year.

Certificate on admission

(5) Upon admission to the Nova Scotia Barristers Society, a barrister shall be granted a certificate effective until the thirty-first day of the second month of December following the date of his admission to the Nova Scotia Barristers Society, without payment of any fee. R.S., c. 58, s. 10.

Transfer of property

11 (1) Any rights, title and interest in property of any nature or kind vested in the Cape Breton Barristers Society, incorporated by Chapter 62 of the Acts of 1943, is hereby vested in the Society, provided, however, that no officer or member of the Society shall be personally liable for any debt or obligation contracted or incurred by the Cape Breton Barristers Society.

Transfer of liabilities

(2) All the obligations and liabilities of the Cape Breton Barristers Society, incorporated by said Chapter 62, existing immediately before the first day of June, 1983, are the obligations and liabilities of the Society. R.S., c. 58, s. 11.

Borrowing

12 (1) The Society may, by resolution passed either at the annual meeting or at any special meeting called for that purpose, borrow money for the general purposes of the Society.

Security for money borrowed

(2) The Society may make and give promissory notes, bills of exchange and other negotiable instruments in respect of any amount borrowed by it, may issue bonds, debentures or other securities on the credit of the Society at such prices and at such rates of interest as the executive council deems best and may mortgage, hypothecate or pledge the property of the Society to secure sums so borrowed. R.S., c. 58, s. 12.

Annual meeting

13 (1) The annual meeting of the Society for the appointment of officers and transaction of general business shall be held on a date to be fixed in each year by the executive council.

Special meetings

(2) Special meetings may be called by the executive council at any time on reasonable notice. R.S., c. 58, s. 13.

Quorum of Society

14 (1) Eight members is a quorum of the Society.

Quorum of executive council

(2) Three members of the executive council is a quorum of the executive council. R.S., c. 58, s. 14.

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