Unlawful practicing and other offences

(1) Subject to this Act, if a person whose name is not entered on the Roll– (a) (b) wilfully pretends to be an attorney-at-law; or (c) makes use of any name, title or description implying that he is entitled to be recognised or to act as an attorney-at-law, commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for 15 a term not exceeding one year, or to both fine and term of imprisonment. (2) A person who, not being entitled to act as an attorney-at- law, acts in any respect as an attorney-at-law in any action or matter or in any court in the name or through the agency of an attorney-at-law entitled to act, commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars or to a term of imprisonment not exceeding one year, or to both fine and term of imprisonment. (3) No fee in respect of anything done by a person whose name is not entered on the Roll or to whom sub-section (1), relates, acting as an attorney-at-law, shall be recoverable in any action, suit or matter by any person. (4) Section 10(2) and sub-sections (1) and (2), shall not extend to– (a) a public officer or person appointed under any law to act for another for the purposes of– (i) drawing or preparing instruments; or (ii) appearing for the complainant or plaintiff in a summary jurisdiction court or district court, if authorised by law to do so in the course of his duty; (b) a person employed merely to engross any instrument or proceeding; or (c) a person drawing or preparing– (i) a will or other testamentary instrument; (ii) an instrument for his own use; 16 (iii) an agreement other than for his own use for which the consideration does not exceed five thousand dollars; or (iv) a letter, notice or power of attorney. (5) Notwithstanding section 21 of the Summary Jurisdiction (Procedure) Act, a complaint for an offence under this section may be laid at any time within two years next after the commission of the offence or within six months next after the first discovery by the complainant, whichever period is the shorter.