434
3rd. Attornies retained.
4th. Other persons by leave of the Court.
Special privileges of the Attorney General reserved.
Order of precedence.
When to be described as barrister, and when as attorney.
Barristers and attornies incapacitated to instruct as barristers in certain cases.
Unqualified practitioners.
Damages for negligence.
Deceit or collusion.
Definitions: "Barrister.” "Attorney.
33
ORDINANCE No. 12 of 1858.
Practitioners in Law.
3rd. Any attorney of the said Court duly retained by and representing any of the said parties in that behalf:
4th. Any other person having the special leave of the Court to appear pro re natâ in the stead of any of the said parties as his or their representative in the premises.
6. Nothing herein contained shall affect the privileges of exclusive audience and preaudience, which Her Majesty's Attorney General or other counsellor for the Crown hath or may have by virtue of his said office or of Her Majesty's warrant.
7. The order of precedence amongst practitioners in the law shall be in this wise: The barristers shall rank according to their respective seniorities next after the said Attorney General or junior counsellor for the Crown (if any), and the attornies according to their respective seniorities next after the junior barrister.
8. Without prejudice to the said order of precedence, every legal practitioner shall at every step in any proceeding describe himself, and be described on the record and otherwise, as barrister or as attorney, according to the truth of the case, and the capacity in which he may be then acting.
9. No barrister acting in his capacity of attorney shall instruct or authorize any other legal practitioner to appear for him as barrister, and no attorney acting as such shall instruct or authorize any other attorney to appear for him as barrister; and in all such cases the instructions and authority shall be absolutely null and void.
10. The penalties contained in Ordinance No. 13 of 1856, section 13, are hereby extended to every person not being a practitioner in the law, who shall act or practise as such, or who shall claim or receive any reward, compensation, or gratification whatsoever, from any other person, for or on pretence of introducing him to any such practitioner, or taking the advice or securing the services of any such practitioner, upon the said last mentioned person's behalf: and in all other respects the said section is hereby confirmed and made applicable to this Ordinance.
11. Any legal practitioner shall be liable to damages in respect of his crassa negligentia, misconduct, or fraud, at the suit of his client or any other person who may have sustained damage thereby.
12. Any legal practitioner who is guilty of deceit or collusion, or consents thereto, with intent to deceive a Court, Judge, or party to any such proceeding as aforesaid, is punishable for a misdemeanour; and the party (if any) injured thereby shall be entitled either upon his conviction of such misdemeanour, or else by action or suit, to recover from the offender treble damages for the same.
13. In the construction of this Ordinance, and of all Ordinances relating to legal practitioners, the word "Barrister" shall also mean "Serjeant-at-Law," "Advocate," "Counsellor-at-Law," "Certificated Conveyancer," and "Special Pleader," and the word "Attorney" shall also mean "Solicitor," "Writer," "Proctor," and "Notary.”
[Repealed by Ordinance No. 13 of 1862.]
434
3rd. Attornies
retained.
4th. Other per-
sons by leave of the Court.
Special privileges of the Attorney General reserved.
Order of prece- dence.
When to be de- scribed as barris- ter, and when as attorney.
Barristers and attornies incapa- citated to instruct
as barristers in certain cases.
· Unqualified prac- titionors.
Damages for neg. ligence.
Deceit or colln- sion.
Definitions: "Barrister.”
"Attorney.
33
ORDINANCE No. 12 or 1858.
Practitioners in Law.
3rd. Any attorney of the said Court duly retained by and representing any of
the said parties in that behalf:
4th. Any other person having the special leave of the Court to appear pro re natâ in the stead of any of the said parties as his or their representative in the premises.
6. Nothing herein contained shall affect the privileges of exclusive audience and preaudience, which Her Majesty's Attorney General or other counsellor for the Crown hath or may have by virtue of his said office or of Her Majesty's warrant.
7. The order of precedence amongst practitioners in the law shall be in this wise:: The barristers shall rank according to their respective seniorities next after the said Attorney General or junior counsellor for the Crown (if any), and the attornies accord- ing to their respective seniorities next after the junior barrister.
8. Without prejudice to the said order of precedence, every legal practitioner shall at every step in any proceeding describe himself, and be described on the record and otherwise, as barrister or as attorney, according to the truth of the case, and the capa- city in which he may be then acting.
9. No barrister acting in his capacity of attorney shall instruct or authorize any other legal practitioner to appear for him as barrister, and no attorney acting as such shall instruct or authorize any other attorney to appear for him as barrister; and in all such cases the instructions and authority shall be absolutely null and void.
10. The penalties contained in Ordinance No. 13 of 1856, section 13, are hereby extended to every person not being a practitioner in the law, who shall act or practise as such, or who shall claim or receive any reward, compensation, or gratification what- soever, from any other person, for or on pretence of introducing him to any such prac-- titioner, or taking the advice or securing the services of any such practitioner, upon the said last mentioned person's behalf: and in all other respects the said section is hereby confirmed and made applicable to this Ordinance.
11. Any legal practitioner shall be liable to damages in respect of his crassa negli- gentia, misconduct, or fraud, at the suit of his client or any other person who may have sustained damage thereby.
12. Any legal practitioner who is guilty of deceit or collusion, or consents thereto, with intent to deceive a Court, Judge, or party to any such proceeding as aforesaid, is punishable for a misdemeanour; and the party (if any) injured thereby shall be entitled either upon his conviction of such misdemeanour, or else by action or suit, to recover from the offender treble damages for the same.
13. In the construction of this Ordinance, and of all Ordinances relating to legal practitioners, the word "Barrister" shall also mean "Serjeant-at-Law," "Advocate," "Counsellor-at-Law," "Certificated Conveyancer," and "Special Pleader," and the word "Attorney" shall also mean "Solicitor," "Writer," "Proctor," and "Notary.”
[Repealed by Ordinance No. 13 of 1862.]
No comments yet.
Private notes are available after approval.