the-ordinances-of-the-legislative-counci-1890 — Page 470

434 ORDINANCE No. 12 of 1858 .


Practitioners in Law.


31d. Attornies 3rd. Any attorney of the said Court duly retained by and representing any of
retained.
the said parties in that behalf :
4th. Other per 4th. Any other person having the special leave of the Court to appear pro re
sons by leave
of the Court.
natú in the stead of any of the said parties as his or their representative
in the premises.

Special privileges 6. Nothing herein contained shall affect the privileges of exclusive audience and
ofthe Attorney
Generalreserved.
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.
Order of prece
dence. 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.
When to be de 8. Without prejudice to the said order of precedence, every legal practitioner shall
scribed as barris
ter, and when as at every step in any proceeding describe himself, and be described on the record and
attorney.
otherwise, as barrister or as attorney, according to the truth of the case, and the capa
city in which he may be then acting.
Barristers and 9. No barrister acting in his capacity of attorney shall instruct or authorize any
attornies incapa
citated toinstruct
as barristers in other legal practitioner to appear for him as barrister, and no attorney acting as such
certain cases.
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.
Unqualified prac 10. The penalties contained in Ordinance No. 13 of 1856 , section 13, are hereby
titioners.
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.
Damages for neg 11. Any legal practitioner shall be liable to damages in respect of his crassa negli
ligence.
gentia, misconduct, or fraud, at the suit of his client or any other person who may have
sustained damage thereby.
Deceit or collu 12. Any legal practitioner who is guilty of deceit or collusion , or consents thereto,
sion.
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.

Definitions : 13. In the construction of this Ordinance, and of all Ordinances relating to legal
" Barrister."
" Attorney." 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. ]