COURTS AND THEIR POWERS

1. This Ordinance may be cited as the Courts Ordinance.

2. The following words and expressions in this Ordinance shall have the meaning hereby assigned to them, unless there be something in the subject or context repugnant thereto:

“action” is a proceeding for the prevention or redress of a wrong;

” Attorney-General” shall include the Solicitor-General and any Crown Counsel specially authorized by the Attorney-General to represent the Attorney-General;

” cause of action ” is the wrong for the prevention or redress of which an action may be brought, and includes the denial of a right, the refusal to fulfil an obligation, the neglect to perform duty, and the infliction of an affirmative injury;

“Court” shall denote a Judge empowered by law to act Judicially alone, or a body of Judges empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially;

“Her Majesty” and “the Queen” shall mean the Sovereign for the time being of Ceylon;

” Judge” shall include Judges of the Supreme Court, District Judges, Commissioners of Requests, and Magistrates;

” original court ” shall include the Supreme Court sitting in its original jurisdiction, District Courts, Courts of Requests, and Magistrates’ Courts;

” the Governor-General” shall include the Officer for the time being Administering the Government of Ceylon and, to the extent to which a Deputy for the Governor-General is authorized to act, that Deputy;

” the Island “, ” this Island ” and ” Ceylon ” shall mean the Island of Ceylon and its dependencies.

3. The courts for the ordinary administration of justice, civil and criminal, within Ceylon, shall continue as heretofore to be as follows: –

Provided that nothing herein contained shall be held to affect the jurisdiction vested in, and exercised by, any court or courts under or by virtue of the of any statute of the United Kingdom or of any enactment or enactments now in force, except in so far as any such provisions shall be by this Ordinance expressly repealed or modified; or the jurisdiction of any court which may be holden within Ceylon under or in pursuance of any statute in that case made and provided for the trial of offences committed on the seas, or within the jurisdiction of the Admiralty, or under any Commission issued or to be issued by the Lord High Admiral of England or the Commissioners for executing, his office; or the jurisdiction of Rural Courts, or of any Municipal Magistrate, or of any special officer or tribunal legally constituted for any special purpose or to try any special case or class of cases.

4. For the purposes of the administration of justice in Ceylon the Island shall be divided into five circuits, called respectively the Western Circuit, the Circuit, the Northern Circuit, the Southern circuit, and the Eastern Circuit; and each circuit comprise and be divided into the following districts: –

The Western Circuit shall comprise and be divided nine districts, as follows: Avissawella, Chilaw, Colombo, Gampaha, Kalutara, Negombo, Panadure, Puttalam, and Ratnapura.

The Midland Circuit shall comprise and be divided into six districts, as follows: Anuradhapura, Badulla, Kandy, Kegalla, Kurunegala, and Nuwara Eliya.

The Northern Circuit shall comprise and be divided into four districts, as follows: Jaffna, Mannar, Point Pedro, and Vavuniya.

The Southern Circuit shall comprise and be divided into four districts, as follows: Balapitiya, Galle, Matara, and Tangalla.

The Eastern Circuit shall comprise and be divided into two districts, as follows: Batticaloa and Trincomalee.

The several circuits shall be further divided into divisions as follows: –

The Western Circuit into nine divisions, namely: – Avissawella, Chilaw, Colombo, Gampaha, Kalutara, Negombo, Panadure, Puttalam, and Ratnapura.

The Midland Circuit into nine divisions, namely: – Anuradhapura, Badulla, Dumbara, Gampola, Kandy, Kegalla, Kurunegala, Matale, and Nuwara Eliya.

The Northern Circuit into five divisions, namely: – Jaffna, Kayts, Mannar, Point Pedro, and Vavuniya.

The Southern Circuit into five divisions, namely: – Balapitiya, Galle, Hambantota, Matara, and Tangalla.

The Eastern Circuit into two divisions, namely: – Batticaloa and Trincomalee.

5. The limits of each district and division shall be as the same are respectively set out and defined in the First Schedule:

Provided that it shall be lawful for the Minister of Justice,’ with the concurrence of the Judges of the Supreme Court, or a major part of them by Order,’ from time to time to revoke, alter, or amend the division of Ceylon into circuits; or after consultation with the Judges of the Supreme Court, by Order,1 from time to time to revoke, alter, or amend the division of any circuit into districts and divisions, and to alter the limits of any such district or division.

6. There shall continue to be within Ceylon one Supreme Court, which shall be called ” The Supreme Court of the Island of Ceylon”.

7. The Supreme Court shall continue to be the only superior court of record, and shall consist of and be holden by and before nine Judges, namely, one Chief Justice, who shall be called ” The Chief Justice of the Island of Ceylon ” and eight Puisne Justices. But upon the death, resignation, sickness, or incapacity of any Judge, or in the case of his absence from Ceylon, or of his being granted leave from his duties, or his suspension from office, the Supreme Court shall consist of and be holden by and before the remaining Judges until such vacancy shall be duly supplied.

8. The Chief Justice and Puisne Justices shall from time to time be nominated and appointed to their offices by Letters Patent to be issued under the Public Seal of the Island by the Governor-General.”

9. Upon the death, resignation, sickness, or incapacity of the Chief Justice, or any of the Puisne Justices, or in the case of the absence of any of them from Ceylon, or of any of them being granted leave from his duties, or in the case of his suspension from office,[1] the Governor-General [3] may, by Letters Patent to be by him for that purpose made and issued under the Public Seal of the Island, nominate and appoint some fit and proper person to act as and in the place of any such Chief Justice or Puisne Justice so dying, or resigning, or laboring under such sickness or incapacity, or being so absent from Ceylon, or being granted leave from his duties, or being so suspended, until the vacancy so created shall be supplied by a new appointment, or until the Chief Justice or Puisne Justice so becoming sick or incapable, or being absent or being on leave from his duties, or suspended,’ shall resume his office and enter into the discharge of the duties thereof.

11. * [*Section 10 omitted . – Gazette Extraordinary No. 9,773 of September 24, 1947.] The Supreme Court shall continue to have and use, as occasion may require, the seal bearing a device and impression of the Royal Arms, with an exergue or label surrounding the same, with this inscription: ” The Seal of the Supreme Court of the Island of Ceylon”; and the said seal shall be kept in the custody of the Chief Justice, with full liberty to deliver the same to any Puisne Justice of the said court, or to the Registrar hereinafter mentioned, for any temporary purpose; and in case of the vacancy of or suspension from the office of Chief Justice, the same shall be delivered over to, and kept in the custody of, such person as shall be appointed by the Governor-General[3] to act as and in the place and stead of the Chief Justice.

12. No Chief Justice or Puisne Justice shall accept or perform any other office or place of profit or emolument not authorized by law without the consent of the Governor-General: [3]

Provided that this section shall not apply to any person appointed by the Governor-General [3] under section 9 to act as Chief Justice or Puisne Justice.

13. There shall be attached and belong to the said court an officer to be styled the Registrar and Keeper of Records of the court, and such and so many other officers as shall, to the Chief Justice for the time being, from time to time appear to be necessary for the administration of justice and the due execution of the powers and authorities which are granted and committed to the said court:

Provided that no office shall be created in the said court without the concurrence of the Minister of Justice.[1]

14. The Private Secretary to the Chief Justice and all the subordinate officers of the Supreme Court shall be appointed to their offices in accordance with the rules or regulations for the time being in force governing appointments to the public service: [1]

Provided that all persons who shall be attached to or hold any office in the said court as clerk or as private secretary to any of the Puisne Justices thereof shall be appointed to such office by the Puisne Justice for the time being whom such person may so serve in any such capacity; but no person so holding the office of Private Secretary to the Chief Justice or the office of either clerk or private secretary to any Puisne Justice shall be allowed to plead or practise as an advocate or proctor in the Supreme Court.

15. The aforesaid several officers of the Supreme Court shall hold their respective offices during pleasure, and shall perform their respective duties under and subject to the direction and control of the Supreme Court, and shall be subject to be suspended from their offices by the said court for misconduct or other sufficient cause until proceedings against them in accordance with the Public Service Commission Rules governing discipline in the public service have been taken and completed.[1].

16. Subject to the rules hereinafter set out in the Second Schedule the Supreme Court is authorized and empowered to admit and enroll as advocates or proctors to the said court persons of good repute and of competent knowledge and ability.

17. Whenever the Supreme Court shall refuse to so admit and enrolled any person applying to be so admitted and enrolled as such advocate or proctor aforesaid, the Judges of the said court shall, if required so to do by the applicant, assign and declare in open court the reasons of refusal. No person whatsoever not so admitted and enrolled as aforesaid shall be allowed to appear, plead, or act in the Supreme Court or any District Court for or on behalf of any other person, being a suitor in such court. Every person so admitted and enrolled as such advocate or proctor as aforesaid, who shall be guilty of any deceit, malpractice, crime, or offence, may be suspended from practice or removed from office by any three Judges of the Supreme Court sitting together:

Provided, however, that every such advocate or proctor shall be subject to be suspended by any Judge the Supreme Court upon such cause as aforesaid; ‘ that before any such advocate or proctor shall be suspended or removed as herein provided a notice containing a copy of the charge or charges against him, and calling upon him to show cause within a reasonable time why he should not be removed or suspended, as the case may be, shall be personally served on him. If, however, personal service cannot be effected, the supreme Court may order such substituted service as it may seem fit; And provided further that nothing herein contained shall affect the provisions of the Legal Practitioners Ordinance, which said provisions, so far as they are not repugnant to or inconsistent with this Ordinance, shall remain in full force and operation.

17A.

18. It shall be lawful for the Supreme Court to appoint for any district under the seal of the said court, and such appointment at its discretion to cancel, one or more persons to administer oaths for the purpose mentioned in section 183 of the Civil Procedure Code, and such persons shall be styled ” Commissioners to administer Oaths “.

19. The Supreme Court shall have and exercise –

20. The Supreme Court, or any Judge thereof, shall be, and is hereby authorized, to grant and issue injunctions to prevent any irremediable mischief which might ensue before the party making application for such injunction could prevent the same by bringing an action in any original court:

Provided that it shall not be lawful for the Supreme Court, or for any Judge thereof, in any case to grant an injunction to prevent a party to any action in any court from appealing or prosecuting an appeal to any court of appeal, or to prevent any party to any action in any original court, or in any court of appeal, from insisting upon any ground of action, defence, or appeal, or to prevent any person from suing or prosecuting an action in any court, except where such person has instituted two separate actions in different courts for and in respect of the same cause of action, in which case the Supreme Court shall have power by injunction to restrain him from prosecuting one or the other of such actions as to it may seem fit.

21. Subject to the limitations in that behalf in this or any other enactment for the time being in force Prescribed, the several jurisdictions and all powers and functions by any such enactment conferred upon the Supreme Court may be exercised in different matters at the same time by the several Judges of the said court sitting apart.

22. Whenever the Chief Justice shall represent to the Governor-General[3] that it is expedient that any criminal session of the Supreme Court should be held in any circuit otherwise than by one of the Judges of the Supreme Court, the Governor-General[3] may in accordance with the provisions of section 52 of the Ceylon (Constitution) Order in Council, 1946,[1] if he thinks it expedient, by commission under the Public Seal of the Island, from time to time appoint a judicial officer, to be called ” Commissioner of Assize”, who shall hold office for such period, and for such criminal session or part of a criminal session of the Supreme Court, as shall be specified in the said commission.

23. It shall be lawful for every such Commissioner to hold any criminal session or part thereof of the Supreme Court appointed to be holden under the provisions of this Ordinance for which he may be appointed to act, and such Commissioner during the continuance of such session or part thereof shall be invested with all the rights, powers, privileges, and immunities of a Judge of the Supreme Court, and shall have and take rank and precedence immediately after the Puisne Justices of the said court.

24. Every criminal session or part thereof of the Supreme Court to be holden before a Commissioner under the authority of the foregoing provisions shall be deemed and taken to be a criminal session of the court within the meaning of this Ordinance and of the Criminal Procedure Code, in the same and in the like manner as if the same’ were holden by one of the Judges of the said court; and all the provisions of this Ordinance and of the said Code or any other enactment applying, relating, or referring to criminal sessions of the said court, or to any act, matter, or thing done or required to be done by any person with reference to, or in connection with, such criminal sessions of the Supreme Court, shall apply, relate, and refer to every criminal session or part thereof to be holden by such Commissioner, and to every act, matter, or thing dona or to be done by any person with reference to, or in Connection with, such last-mentioned session or part in the same manner and to the same extent as if such last-mentioned session or part thereof were criminal session of the Supreme Court holden by a Judge thereof.

25. The original criminal jurisdiction of the Supreme Court shall be exercised at criminal sessions of the Supreme Court holden in the manner in the Criminal procedure Code and in section 29 of this Ordinance prescribed.

26. Criminal sessions of the Supreme Court shall he holden by one of the Judges thereof, or by a Commissioner of Assize duly appointed under the provisions of this Ordinance, for each of the circuits, for the hearing, trying, and determining all prosecutions which shall be commenced against any person for or in respect of any crime or offence, or alleged crime or offence-

Provided that, should any of the aforementioned days fall on a Saturday or a Sunday or on any public holiday, the sessions shall commence on the next working day;

Provided further, that it shall be competent for the Chief Justice,[1] for sufficient reasons to him appearing, to order, after previous consultation with the Puisne Justices, other sessions to be holden at the places above mentioned, or at any other place in any of the said circuits either in substitution for or in addition to any of the places above mentioned or to fix any other place for the commencement of any sessions, or to alter the dates above mentioned, and to fix. any other date for the commencement of the sessions at any place;

Provided further that in the event of it proving impracticable or inconvenient for any Judge to arrive at any circuit town in time to commence any sessions on the date appointed, such Judge may, on giving such public or other notice as he may deem necessary for the purpose of informing all persons concerned, postpone such sessions until such other date as he may deem convenient;

Provided further that in the event of there not being in any of the aforesaid circuits, within a reasonable time before the date fixed for such sessions, any cases committed for trial or sufficient cases, or cases of sufficient importance to justify the holding of a sessions, the Chief Justice [1] may, after previous consultation with the Puisne Justices, by notification in the Gazette, cancel such sessions and direct that the cases, if any, ready for trial at such sessions, shall be tried at such times and places as may be specified by the Chief Justice [1] in the said notification.

27. The Chief Justice shall first choose the circuit on which he will proceed, and the Puisne Justices shall then make their choice according to the priority of their appointment.

28. Every Judge of the Supreme Court before or on holding any criminal sessions of the Supreme Court shall and may issue his mandate directed to all and every of the Fiscals or other keepers of prisons within the limits of the circuit for which the sessions are held, to certify to the said Judge the several persona then and there in the custody of any of them committed for and charged with any crimes or offences whatsoever; and the said Fiscals or other keepers of prisons shall and are hereby required to make, certify, and transmit due returns to such mandate, by specifying in a calendar or list to be annexed to such mandate the time or times when all and every of the said persons so in their custody were committed, and by whose authority, and on what charge or crime respectively, in writing; and if need be, according to the tenor and exigency of such mandate, such Fiscals or other keepers of prisons shall bring the said persons so in their custody, or any of them, before the said Judge where soever the said Judge shall then be holding the criminal sessions of the Supreme Court, together with the witnesses for the prosecution and defence whose attendance before such court is certified by the Magistrate as necessary on the back of the respective commitments by virtue of which such prisoners were delivered into their custody respectively, in order that such prisoners may be dealt with according to law:

Provided always that whenever any person shall, after the making out of any such calendar or list, and while such Judge shall be holding the criminal sessions of the Supreme Court in the town or place wherein such calendar or list was delivered, be apprehended or committed on any criminal charge, it shall and may be lawful for the Attorney-General to move the insertion of the name of such person in the said calendar or list.

29. Criminal sessions of the Supreme Court shall be holden before a Judge of the Supreme Court and a jury in the manner in the Criminal Procedure Code or any enactment amending the same prescribed, and the said court shall at all such sessions inquire of all such crimes and offences, and hear, try, and determine all such prosecutions as by this Ordinance, or by the said Criminal Procedure Code, or Penal Code, or any enactment empowering or requiring it in that behalf, it is empowered and required to inquire of and hear, try, and determine:

Provided always that in the case of any accused party committed for trial before the Supreme Court, the Chief Justice may in his discretion order and direct that the crime or offence or alleged crime or offence with which such person is charged may; be inquired of, and the prosecution instituted against him in respect thereof heard, tried, and determined, before three Judges at Colombo with a jury; and such crime or offence shall be inquired of and such prosecution shall be heard, tried and determined accordingly.

30. Whenever any prisoner or accused party shall have pleaded to any indictment or information exhibited against him at any session of the Supreme Court, and it appears in evidence that the crime or offence with which such person is charged was committed without the limits of the circuit for which such session is being held, the Supreme Court shall, nevertheless, at such session proceed to try such crime or offence in such and the same manner as if such crime or offence had been committed within the limits of such circuit.

31. If any prisoner committed for trial before the Supreme Court for any offence shall not be brought to trial at the first criminal sessions after the date of his commitment’ at which such prisoner might properly be tried (provided that twenty-one days have elapsed between the date of the commitment and the first day of such criminal sessions), the said court or any Judge thereof shall admit him to bail, unless good cause be shown to the contrary, or unless the trial shall have been postponed on the application of such prisoner; and if such prisoner be not brought to trial at the second criminal sessions of the Supreme Court holden after the date of his commitment at which such prisoner might properly be tried, unless by reason of the insanity or sickness of such prisoner, or by reason of his application for the postponement of such trial (provided that six weeks at least shall have elapsed since the close of the first criminal sessions after the date of such commitment before the commencement of such second criminal sessions, and provided also that six months at least shall have elapsed between the date of the commitment and the commencement of such second criminal sessions), the Judge of the said court presiding at such last-mentioned sessions shall, unless good cause be shown to the contrary, issue his order to the Fiscal for the discharge of such prisoner from his imprisonment for the offence for which he has been so committed for trial.

32. No person who has been discharged from jail in consequence of not being brought to trial within the proper time, as in the last section provided, shall be subject to be recommitted to jail for the same offence, except in the case hereinafter mentioned; and no person who has been admitted to bail to appear and take his trial, and who has not been duly brought to trial, shall, unless the bail bond or the money deposited instead of bail has been forfeited, be obliged to find further bail, or be subject to be recommitted to jail, except as hereinafter excepted, for the same offence in respect of which he was originally admitted to bail:

Provided always that neither any such discharge from imprisonment, nor the expiration of the bail bond, shall be any bar to any person being brought to trial in competent court for any offence for which he was originally committed for trial.

33. Whenever after the expiration of the period aforesaid the Attorney-General shall desire to put any person upon his trial for any offence for which he was originally committed for trial, he shall make application to the court competent to try such offence for a summons to the person alleged to have committed the same to appear before such court at the time and place mentioned in such summons, then and there to take his trial; and such summons shall be served personally upon such person, or left at his usual place of abode. And if after due service of such summons such person shall nevertheless fail to appear as therein directed, he may be arrested without a warrant by any officer of the law or private person and recommitted to jail for trial; and until he shall be so recommitted his property shall be liable to attachment in manner provided by law in respect of persons who have absconded or fled from justice.

34. If the accused person shall commit any breach of his bail bond, and the court thereupon directs the fact to be entered on the minutes, the bail bond, or the money deposited instead of bail, as the case may be, shall become forfeited, and such proceedings may be taken for recovering payment of the amount of the bond as the law directs:

Provided that in any case in which the accused shall have become bound to appear at any session of the Supreme Court, if at any time before the close of such session he shall appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the bail or deposit to be discharged upon such terms as are just.

35. When any person charged with any crime or offence shall have entered into a bond to appear and take his trial for the same, or when any person shall have entered into a bond with or without sureties to appear and give evidence at the trial of any person so charged as aforesaid, and the court before which such person shall have thereby become bound to appear and take his trial, or to appear and give evidence, as the case may be, shall see fit to postpone the trial, in each of such cases it shall be lawful for such court to order the bond of any person so bound and the obligation of his sureties to be respited and enlarged till such time as the said court shall appoint; and thereupon the condition of such bond and the obligation of the said sureties shall be extended to such time and place as shall be appointed in such order; and the parties, whether principal or sureties, bound by such bond shall continue liable thereunder as fully as if such extended time and place had been originally inserted in the condition thereof.

36. The appellate jurisdiction of the Supreme Court shall be ordinarily exercised only at Colombo. Subject to the provisions in that behalf in the Criminal Procedure Code or any enactment amending the same contained, such jurisdiction shall extend to the correction of all errors in fact or in law which shall be committed by any Judge of the Supreme Court sitting alone as hereinafter provided; to the correction of all errors in fact or in law which shall be committed by any District Court; to the correction of all errors in fact or in law which shall be committed by any Court of Requests in any final judgment or any order having the effect of a final judgment; and to the correction of all errors in fact or in law committed by any Magistrate’s Court or by the Court of any Municipal Magistrate. But no judgment, sentence, or order pronounced by any court shall on appeal or revision be reversed, altered, or amended on account of any error, defect, or irregularity which shall not have prejudiced the substantial rights of either party.

37. On the hearing of any case in appeal, or on revision from any of the original courts, it shall be competent to the Supreme Court, subject to the provisions in the preceding section and in the Criminal Procedure Code contained, to affirm, reverse, correct, or modify any judgment, sentence, decree, or order according to law, or to pass such judgment, sentence, decree, or order therein between and as regards the parties, or to give such direction to the court below, or to order a new trial or a further hearing upon such terms as the Supreme Court shall think fit; or if need be to receive and admit new evidence additional to, or supplementary of, the evidence already taken in the court of first instance touching the matters at issue in any original cause, suit, prosecution, or action, as justice may require:

Provided that if the Supreme Court in Colombo shall see fit to order such new evidence to be taken on circuit, it shall be competent to a single Judge on circuit to take, receive, and admit such new evidence, and to hear and determine the matter under appeal or revision; and his decision upon such matter shall be deemed and taken to be the judgment of the Supreme Court thereon;

Provided further, that in any case in which the provisions of this Ordinance require the presence of two or more Judges for the final determination of any such matter, cause, suit, or action, the decision of such Judge sitting alone on circuit shall not be final, but an appeal shall lie therefrom to the Supreme Court, and the procedure on such appeal shall be in all respects the same as the procedure in the Civil Procedure Code provided for appeals for the hearing of which the presence of two or more Judges is by this Ordinance made necessary.

38. All appeals in civil cases from the decision of a single Judge sitting as in the last preceding section provided, and from judgments and orders of the several District Courts of Ceylon, shall be heard before two at least of the Judges of the Supreme Court. Appeals from judgments in criminal cases pronounced and made by District Courts shall be heard, and all powers given to the Supreme Court in respect of such appeals shall be exercised by two at least of the Judges of the Supreme Court. All appeals from Courts of Requests and Magistrates’ Courts, may be heard, and all powers given to the Supreme Court in respect of such appeals may be exercised by any one Judge of the Supreme Court. In the event of any difference of opinion between such two Judges, the decision of the said court shall be suspended until three Judges shall be present, and the decision of such two Judges when unanimous, or of the majority of such three Judges in case of any difference of opinion, shall in all cases be deemed and taken to be the judgment of the Supreme Court. All appeals from the decision of one Judge of the Supreme Court sitting as in the last preceding section provided shall be heard by two other’ Judges of the said court, and the decision of such two Judges when unanimous shall in all cases be deemed and taken to be the judgment of the Supreme Court therein; but in case of any difference of opinion the original judgment shall stand affirmed.

Nothing in this section contained shall preclude any Judge of the Supreme Court sitting alone in appeal from reserving any appeal for the decision of more than one Judge of that Court.

39. In all cases of appeal allowed by the Supreme Court or by Her Majesty, Her heirs, and successors, such court shall, on the application and at the costs of the party or parties appellant, certify and transmit to Her said Majesty, Her heirs, and successors, in Her or their Privy Council, a true and exact copy of all proceedings, evidence, judgments, decrees, and orders had or made in such causes so appealed, so far as the same have relation to the matter of appeal; such copies to be certified under the seal of the said court.

40. In all cases of appeal to Her Majesty, the Supreme Court and the original court from which any such appeal was first taken shall conform to, execute, and carry into immediate effect such judgments and orders as Her Majesty in Council shall make thereupon, in such manner as any original judgment or decree of such court can or may be executed.

41. The Supreme Court shall have and enjoy all powers, privileges, and jurisdictions not hereinbefore specifically mentioned, which were conferred upon it by or by virtue of the Royal Charter of 1833 and by any Royal Charter of subsequent date, and which are not inconsistent with the enactments of this Ordinance or of the Civil Procedure Code, or any enactment amending the same.

42. The Supreme Court or any Judge thereof, at Colombo or elsewhere, shall have full power and authority to inspect and examine the records of any court, and to grant and issue, according to law, mandates in the nature of writs of mandamus, quo warranto, certiorari procedendo, and prohibition, against any District Judge, Commissioner, Magistrate, or other person or tribunal.

And whenever it shall appear to the Supreme Court or to any Judge thereof, at Colombo or elsewhere-

the said court or such Judge thereof as aforesaid may make order upon such terms as to payment of costs or otherwise as such court or Judge may deem fit, for the transfer of any prosecution, matter, or thing depending before the Supreme Court in its original jurisdiction from any circuit to any other circuit, or to any other place in the same circuit, or to any other court, or for the transfer of any cause, suit, action, prosecution, matter, or thing depending in any court other than the Supreme Court to any other such court, anything in Chapter XIV of the said Criminal Procedure Code or any other enactment to the contrary notwithstanding; and in every such case the court to which any such cause, suit, action, prosecution, matter, or thing shall be so transferred shall take cognizance thereof, and have power and jurisdiction for the hearing, trial, and decision of the same as fully and effectually to all intents and purposes as if such court had originally such power and jurisdiction. Every transfer of any such cause, suit, action, prosecution, matter, or thing as in this section mentioned shall be made after application by motion, which shall be supported by affidavit setting out the grounds on which it is based:

Provided that the Supreme Court, in making an order for transfer under this section, may, if it thinks fit, direct that the court to which such cause, suit, action, prosecution, matter, or thing is transferred shall call all or any of the witnesses who have been examined before the court from which the transfer is made, and take their evidence afresh.

43. In any case in which it shall appear to the Attorney-General that it is expedient that any inquiry into or trial of any criminal offence shall be transferred from any court or place to any other court or place, whether within the same or any other circuit, it shall be lawful for the Attorney-General in his discretion by his fiat in writing to designate such last-mentioned court or place, and such inquiry or trial shall be held accordingly on the authority of such fiat, which shall be filed of record with the proceedings in every case so transferred as aforesaid; and in every case of such transfer the provisions of the Criminal Procedure Code shall be taken to apply:

Provided always that any party considering himself aggrieved by any transfer made on any such fiat of the Attorney-General may apply to the Supreme Court or any Judge thereof, by motion supported by affidavit setting out the grounds of such application, for a retransfer or for a transfer to any other court or place of such inquiry or trial, and the Supreme Court may, after notice to the Attorney-General, who shall, if he thinks fit, be heard to show cause against such motion, if it considers that good cause has been shown why the application should be granted, make order accordingly.

44. Every accused person making any application for a transfer under section 42, and every person making any application under section 43 for a retransfer or for a transfer to some other court or place than the court or place to which the Attorney-General shall have ordered the transfer of any inquiry into or trial of a criminal offence, shall give to the Attorney-General, and also to the complainant, notice in writing of such application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless and until at least forty-eight hours have elapsed between the receipt of such notice and the hearing of the application. And every accused person making any application under the provisions of section 42 or 43 may be required by the Supreme Court in its discretion to execute a bond with or without sureties, conditioned that he will, if convicted, pay the cost of the prosecution.

45. The Supreme Court or any Judge thereof, Whether at Colombo or elsewhere, shall be and is hereby authorized to grant and issue mandates in the nature of writs of habeas corpus to bring up before such court or Judge –

and to discharge or remand any person so brought up, or otherwise deal with such person according to law:

Provided that it shall be lawful for such court or Judge, to require the body of such person to be brought up in the nearest District Court, Court of Requests, or Magistrate’s Court, and to direct the District Judge, Commissioner, or Magistrate of such court to inquire into and report upon the cause of the alleged imprisonment or detention to such court or Judge, and to make such provision for the interim custody of the body produced as to such court or Judge shall seem right; and such court or Judge shall, upon the receipt of such report, make order to discharge or remand the person so alleged to be imprisoned or detained, or otherwise deal with such person according to law; and the said District Court, Court of Requests, or Magistrate’s Court shall conform to, and carry into immediate effect, the order so pronounced or made by such court or Judge in the premises.

46. The Supreme Court or any Judge thereof, whether at Colombo or elsewhere, may direct-

Unless and until rules in that behalf shall be. framed under the provisions of section 49, the practice of the court as to the obtaining and issuing of writs of habeas corpus, and as to the return thereto, shall apply to cases under this and the last preceding section.

47. The Supreme Court or any Judge thereof, whether at Colombo or elsewhere, shall have full power and authority to take cognizance of and to try in a summary manner any offence of contempt committed against or in disrespect of the authority of itself or offence of contempt committed against or in disrespect of the authority of any other court, and which such court has not jurisdiction under section 57 to take cognizance of and punish, and on conviction to commit the offender to jail until he shall have purged his contempt or for such period as to the court or Judge shall seem meet; and such imprisonment shall be simple or rigorous as such court or Judge shall direct, and the offender may in addition thereto or in lieu thereof, in the discretion of such court or Judge, be sentenced to pay a fine not exceeding five thousand rupees.

48. Whenever any question shall arise for adjudication in any case coming before a single Judge of the Supreme Court, which shall appear to such Judge to be a question of doubt or difficulty, it shall be lawful for such Judge to reserve such question for the decision of more than one Judge of that Court:

Provided, however, that nothing in this section contained shall be taken to affect the provisions of Chapter XXXI of the Criminal Procedure Code.

48A. Any appeal or question which is, under section 38 or section 48, reserved for the decision of more than one Judge of the Supreme Court, shall be decided by a Bench, constituted in accordance with an order made by the Chief Justice in that behalf, of two or more Judges of that Court.

49.

50. From and after the commencement of this Ordinance the Judges of the Supreme Court, or any five of them, of whom the Chief Justice shall be one, may in like manner as in the last preceding section provided with reference to rules, orders, and forms to be framed and established under such section, revoke, annul, amend, alter, or renew any rules, orders, or forms heretofore for any of the purposes in such section contemplated, or for any other purpose framed and established by such Judges under the provisions of any Previous enactment and for the time being in force.

51.

51A. All costs awarded by the Supreme Court in any proceedings under this Chapter shall, except where the Court orders otherwise, be taxed in accordance with the rates specified in Part IV of the Second Schedule to the Civil Procedure Code.

52. It shall be lawful for the Minister of Justice,[1] by any Order[1] to be by him for that purpose issued, to establish within each and every district of Ceylon one court to be called ” the District Court ” of such district, and within each and every division one court to be called ” the Court of Requests ” and another court to be called ” the Magistrate’s Court”; and each District Court, Court of Requests, and Magistrate’s Court shall be holden by and before one person to be called “the District Judge”, “Commissioner of Requests”, and “Magistrate” respectively, and at such convenient place or places within such district or division as the Minister of Justice[1] shall from time to time appoint:

Provided always that until the publication of any such Order[1] the District Courts, Courts of Requests, and Magistrates’ Courts already respectively established within and for the several districts and divisions mentioned in the first column of the First Schedule shall respectively be and continue to be holden at the several places mentioned in the second column thereof;

And provided further that nothing in this section contained shall be taken in any way to restrict or curtail any power possessed by a Magistrate under the provisions of any law for the time being in force to hold court at any convenient spot within the limits of the division for which he may be appointed.

53. Each and every Magistrate’s Court which has heretofore been or which may hereafter be lawfully established in any division shall be holden, by and before the Magistrate, appointed thereto, at any convenient spot within the limits of such division, anything in any enactment, order,[1] or proclamation to the contrary notwithstanding.

54. It shall be lawful, 4 as occasion may require, to appoint more than one District Judge, Commissioner of Requests, or Magistrate to the same District Court, Court of Requests, or Magistrate’s Court respectively, or to appoint any District Judge, Commissioner of Requests, or Magistrate to have concurrent jurisdiction with any other such Judge, Commissioner, or Magistrate over any district or districts, division or divisions, any part thereof, respectively.

And provided further, that the District Courts, Courts Requests, and Magistrates’ Courts already established shall have and exercise the jurisdiction and powers by this Ordinance and by the Criminal Procedure Code and any other enactment for the time being in force vested in and declared to belong to such courts, and no other jurisdiction or power.

55. Whenever any Additional Judge, Commissioner Requests, or Magistrate shall be so appointed as in the last preceding section provided, then every such Additional Judge, Commissioner, or Magistrate shall have power, and is hereby authorized, to sit apart; and every the powers and jurisdiction vested in any District Court, Court of Requests, or Magistrate’s Court when holden before one Judge, Commissioner, or Magistrate, or in the single Judge, Commissioner, or Magistrate thereof, shall be respectively exercised by every such Additional Judge, Commissioner, or Magistrate so sitting apart as aforesaid.

57.* Every District Court, Court of Requests, and Magistrate’s Court shall, for the purpose of maintaining its proper authority and efficiency, have a special jurisdiction to take cognizance of, and to punish by the procedure and with the penalties in that behalf by law provided, every offence of contempt of court committed in the presence of the court itself, and all offences which are committed in the course of any act or proceeding in the said courts respectively, and which are declared by any law for the time being in force to be punishable as contempt’s of court.

* Section 56 omitted. -Gazette Extraordinary No. 9,828 of 5th February, 1948.

58.

59. All advocates and proctors entitled to practise in the Supreme Court shall be entitled to practise in any District Court, Court of Requests, or Magistrate’s Court; all persons admitted to practise as proctors in any District Court shall be admitted to practise in such District Court and in any Court of Requests or Magistrate’s Court held within the district over which such District Court shall have jurisdiction.

60. Whenever any District Court shall be abolished, the proctors of such court shall be enrolled in the District Court of any one of the districts to or among which the jurisdiction of such abolished District Court shall be allotted or distributed, which they may elect; and whenever any new district shall be created, it shall be competent for any proctor of any District Court from which any part of such new district is taken to take his name from the roll on which it stands and to have his name enrolled in the District Court of such new district.

61. Whenever any District Court, Court of Requests, or Magistrate’s Court shall be abolished, or its jurisdiction altered, by any Order to be issued by the Minister of Justice[1] for that purpose, every cause, suit, action, prosecution, matter, or thing which shall be then depending before such court shall be proceeded upon in the court in which it ought to have been instituted after any such Order[1] shall have been issued. And all proceedings which shall thereafter be had in such cause, suit, action, prosecution, matter, or thing respectively, shall be conducted in like manner as if such cause, suit, action, prosecution, matter, or thing had been instituted in such last-mentioned court; and all the records, muniments, and proceedings whatsoever belonging or appertaining to any such cause, suit, action, prosecution, matter, or thing shall, after any such Order[1] shall have been issued, be delivered over by the court in which such cause, suit, action, prosecution, matter, or thing, shall be then depending, to the court in which such cause, suit, action, prosecution, matter, or thing ought to have been instituted, if it had been instituted after the time when any such Order[1] shall have been issued.

62. Every District Court shall be a court of record and shall have original jurisdiction in all civil, criminal, revenue, matrimonial, insolvency, and testamentary matters, save and except such of the aforesaid matters as are herein, or by virtue of the provisions of the said Criminal Procedure Code or any other enactment for the time being in force, exclusively assigned by way of original jurisdiction to the Supreme Court, and shall also have jurisdiction over the persons and estates of persons of unsound mind, minors, and wards, over the estates of cestuis que trust, and over guardians and trustees, and in any other matter in which jurisdiction has heretofore been, is now, or may hereafter be given to District Courts by law.

63. Every District Court shall have cognizance of and full power to hear and determine all pleas, suits, and actions in which a party defendant shall be resident within the district in which any such suit or action shall be brought, or in which the cause of action shall have arisen within such district, or where the land in respect of which the action is brought lies, or is situate wholly or partly, within such district.

64. Every District Court shall have full power and authority and is hereby required to hear, try, and determine in manner in the Criminal Procedure Code or any enactment amending the same provided, all prosecutions and charges instituted and preferred before it against any person for or in respect of any crime or offence committed wholly or in part within the district in and for which it is held, and which crime or offence is by the said code or by any law in force in Ceylon made cognizable by District Courts; and on conviction by such court upon any prosecution or charge of any such crime or offence, shall have power and authority to award and impose upon the convicted person such punishment or punishments as by the Penal Code or by any other law for the time being in force such crime or offence is made punishable with, and as by the said Criminal Procedure Code or any enactment amending the same such court is made competent to impose.

65. In every case of continuing offence wherein a District Court may legally exercise jurisdiction in respect of the punishment to be inflicted for any crime or offence, such court shall also have authority and jurisdiction to remove or abate the act, matter, or thing complained of.

66. Every District Court shall have full power and authority to entertain causes affecting the revenue, and to inquire of all offences whatsoever against the revenue laws of Ceylon, committed wholly or in part within the district over which such court has jurisdiction, and to hear, try, and determine all suits and prosecutions which shall be commenced by the Attorney-General against any person for or in respect of any such offences, and to impose the fines, penalties and forfeitures appertaining to such offences, although the same may exceed the sum which such court is authorized to impose in the exercise of its ordinary criminal jurisdiction.

67. Every District Court shall have full power and authority –

68.

69.

70. It shall be lawful for the District Judge in his discretion at his own instance, or upon the application of any party in any cause or proceeding in the District Court, to have three assessors associated with him at Court, to have three assessors hearing and decision of such cause or other proceeding and such assessors shall be selected and summoned, and shall be otherwise subject to such rules as may be made by the Judges of the Supreme Court as herein-provided, but in case of any difference of opinion between such Judge and assessors, the judgment of the Judge shall prevail.

71. Whenever any defendant or accused party shall have pleaded in any cause, suit, or action, or in any prosecution brought in any District Court, without pleading to the jurisdiction of such District Court, neither party shall be afterwards entitled to object to the jurisdiction of such court, but such court shall be taken and held to have jurisdiction over such cause, suit, action, or prosecution:

Provided that where it shall appear in the course of the proceedings that the cause, suit, action, or prosecution was brought in a court having no jurisdiction intentionally and with previous knowledge of the want of jurisdiction of such court, the Judge shall be entitled at his discretion to refuse to proceed further with the same, and to declare the proceedings null and void.

72. If any action or suit shall be commenced in any District Court for any debt or demand which might have been recovered in some Court of Requests, the plaintiff or plaintiffs in any such action or suit shall by reason of any judgment for him or them, or otherwise, have or be entitled to any costs whatever, but it shall be competent for the judge to make such order as to costs as justice may require.

73. Subject to the provisions in that behalf in the Criminal Procedure Code or any enactment amending the same provided, any party who shall be dissatisfied with any judgment, decree, or order pronounced by a District Court may (excepting where such right is expressly disallowed) appeal to the Supreme Court against any such judgment, decree, or order from any error in law or in fact committed by such court, but no such appeal shall have the effect of staying the execution of such judgment, decree, or order unless the District Judge shall see fit to make an order to that effect, in which case the party appellant shall enter into a bond, with or without sureties as the District Judge shall consider necessary, to appear when required and abide the judgment of the Supreme Court upon the appeal.

74. The District Courts respectively shall in all cases of appeal to the Supreme Court conform to and execute all such judgments, orders, and decrees of the Supreme Court as shall be made and pronounced in appeal, in like manner as any original judgment, order, or decree pronounced by the said District Courts could or might have been executed.

75. Every Court of Requests shall be a court of record and shall have original jurisdiction, and shall have cognizance of and full power to hear and determine all actions in which the debt, damage, or demand shall not exceed three hundred rupees, and in which the party or parties defendant shall be resident within the jurisdiction of such court, or in which the cause of action shall have arisen within such jurisdiction, and all hypothecary actions in which the amount claimed shall not exceed three hundred rupees, and the land hypothecated or any part thereof is situated within the jurisdiction of such court, and also all actions in which the title to, interest in, or right to the possession of any land shall be in dispute, and all actions for the partition or sale of land, provided that the value of the land or the particular share, right, or interest in dispute or to be partitioned or sold shall not exceed three hundred rupees, and the same or any part thereof is situate within the jurisdiction of such court:

Provided always that such court shall not have cognizance of any action for criminal conversation, or for seduction, or for breach of promise of marriage, or for separation a mensâ et thoro, or for divorce a vinculo matrimonii, or for declaration of nullity of marriage.

76. All claims for any sums due to any person for wages or for piecework, or for work as a servant, artificer, or labourers, whatever shall be the amount claimed, may be prosecuted and recovered before a Court of Requests having in other respects jurisdiction in that behalf; and any such claim may be prosecuted and recovered in such court by a person not of full age, in the same manner as if he were of full age, or by a married woman in the same manner as if she were a feme-sole.

77. It shall be lawful for the Commissioner of every such court, in pronouncing his judgment or order in any case, to make such order respecting the payment of costs and expenses as to him shall appear just and reasonable, subject to such rules as may be framed by the Judges of the Supreme Court by virtue of the powers in them in that behalf hereinbefore vested.

78. Any party who shall be dissatisfied with any final judgment, or any order having the effect of a final judgment pronounced by the Commissioner of any Court of Requests may (excepting where such right is expressly disallowed) appeal to the Supreme Court against any such judgment or order for any error in law or in fact committed by such Commissioner.

79. Where in any proceeding before any Court of Requests any defence or claim in reconvention of the defendant involves matter beyond the jurisdiction of the court, such defence or claim in reconvention shall not affect the competence or duty of the court to dispose of the matter in controversy so far as relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which the court has jurisdiction to administer shall be given to the defendant upon any such claim in reconvention:

Provided always that in such case it shall be lawful for the Supreme Court, or any Judge thereof, if it shall be thought fit, on the application of any party to the Proceeding, to order that the whole proceeding be transferred from the court in which it shall have been instituted to some court having jurisdiction over the whole matter in controversy; and in such case the record in such proceeding shall be transmitted by the clerk of the court to the court to which by such order the proceeding shall be so transferred; and the same shall thenceforth be continued and prosecuted in such court as if it had been originally commenced therein.

80. The Commissioner of every Court of Requests shall conform to and execute all such judgments, orders, and decrees of the Supreme Court as shall be made and pronounced in any appeal, in like manner as any original judgment or order pronounced by the said Commissioner could or might have been executed.

81. Every Magistrate’s Court shall have and exercise all powers and authorities and perform all duties which Magistrates’ Courts are empowered and required to have, exercise, and perform by virtue of the provisions of the Penal Code or of the Criminal Procedure Code, or of any other enactment for the time being in force in any way empowering or requiring them in that behalf.

82. The Governor-General and the officers (whether holding office permanently or temporarily) enumerated in the Third Schedule shall be ex-officio Justices of the Peace for Ceylon or for such portion thereof respectively as is shown by the statements in the said Schedule severally set opposite to their respective denominations. It shall be further lawful for the Governor-General, * [3] from time to time by notice in the Gazette, to appoint such persons as shall be named in such notice to act as Justices of the Peace for Ceylon, or within such districts or portions thereof as to the said Governor-General * [3] shall seem expedient. Every Justice of the Peace shall take and subscribe the oaths of allegiance and office, in the form by the Promissory Oaths Ordinance prescribed, before some District Judge, Commissioner of Requests, or Magistrate, and every such Judge, Commissioner, or Magistrate is hereby empowered and required, upon application in that behalf, to administer the same, and to enter in the records of his court that the said oaths were duly and taken before him, and forthwith to transmit a copy of every such entry to the Registrar of the Supreme Court to be entered in the records of that court. And the Governor-General* [3] may at any time remove any person so appointed to act as such Justice of the Peace from his said office.

* Delegated to the Minister of Justice in respect of utility. appointments only. -Gazette No. 9,845 of 24th March, 1948.

83. It shall be lawful for the Governor-General*[8 from time to time, by notice in the Gazette, to appoint any Justice of the Peace to be an Unofficial Magistrate for my district or districts, and any Justice of the Peace all appointed shall thereupon have all the powers and authority by the Criminal Procedure Code, vested in Magistrates’ Courts, save and except the power and authority to take proceedings with regard to, or hear, try, or determine, any offence which by that Code or by any law of Ceylon is summarily triable before a Magistrate’s Court.

83A. Every officer (whether holding office permanently or temporarily) mentioned in the Fourth Schedule shall be an Unofficial Magistrate for the area specified in respect of him and shall have and exercise all the powers and authority of a Justice of the Peace appointed to be an Unofficial Magistrate under section 83.

83B. [1] The Governor-General may delegate* to the Minister of Justice-[3]

* Delegated to the Minister of Justice in respect of utility appointments only. -Gazette No. 9,845 of 24th March, 1948.

84. Every Justice of the Peace shall have power, and is hereby required, to administer any oath which any person may be legally entitled to make before a Justice of the Peace.

84A.

85. The sittings of every court within Ceylon shall be public, and all persons may freely attend the same, except that in all proceedings and trials in cases for divorce on account of adultery, or for seduction, abortion, rape, assault with intent to commit rape, criminal conversation, unnatural offences, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting advocates, proctors, jurors, assessors, witnesses, and officers of the court.

86. In any action instituted in any District Court or Court of Requests-

it shall be lawful for such court, on its appearing by the affidavit of the plaintiff or any other person that sufficient grounds exist therefor, to grant an injunction restraining any such defendant from-

For the purposes of this section, any defendant who shall have by his answer set up any claim in reconvention, and shall thereupon demand an affirmative judgment against the plaintiff, shall be deemed a plaintiff, and shall have the same right to an injunction as he would have in an action brought by him against the plaintiff for the cause of action stated in the claim in reconvention, and the plaintiff shall be deemed the defendant and the claim in reconvention the plaint.

87. Such injunction may be granted to accompany the summons, or at any time after the commencement the action and before final judgment, and with or without notice in the discretion of the court, unless the defendant has answered, in which case it shall be granted only upon notice or an order to show cause; and where an application for an injunction is made upon notice or an order to show cause, either before or after answer, the court may grant an injunction restraining the defendant until the hearing and decision of the application.

88. In case of the death, sickness, resignation, removal from office, absence from Ceylon, or other disability of any Judge before whom any cause, suit, action, prosecution, or matter, whether on an inquiry preliminary to committal for trial or otherwise, has been instituted or is pending, such cause, suit, action, prosecution, or matter may be continued before the successor of such Judge, who shall have power to act on the evidence already recorded by such first-named Judge or partly recorded by such first-named Judge and partly recorded by himself or, if he think fit, to re-summon the witnesses and commence afresh:

Provided that in any such case, except on an inquiry preliminary to committal for trial, either party may demand that the witnesses shall be re-summoned and re-heard, in which case the trial shall be commenced afresh.

89. Except with the consent of both parties thereto, no Judge shall be competent, and in no case shall any Judge be compellable, to exercise jurisdiction in. or to| hear, try, or determine any cause, suit, action, or prosecution, or to hold any inquiry into, or commit any person for trial upon, any charge to or in which he’ is a party or personally interested; and no Judge shall hear an appeal from or review any judgment, sentence, or order passed by himself. When any Judge so a party or personally interested is a Judge of the Supreme Court, the cause, suit, action, or prosecution to or in which he is so a party or interested, or in which an appeal from his judgment shall be preferred, shall be heard, tried, and determined by some other Judge or Judges of the said court; in every other case the District Court, Court of Requests, or Magistrate’s Court of any adjoining district or division shall have jurisdiction to hear, try, and determine any such cause, suit, action, or prosecution, or to inquire into and commit for trial upon any such charge.

The question whether a Judge is personally interested in a case shall be decided by the principles of the law of England applicable to the same question in England.

90. It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in a Court of Requests; but any plaintiff having cause of action for an amount exceeding the amount in respect of which a Court of Requests is herein declared to have jurisdiction, may abandon the excess, and shall thereupon, on proving his case in such Court of Requests, recover to an amount not exceeding the amount in respect of which such court shall so have jurisdiction; and the judgment of the court shall be in full discharge of all demands in respect of such cause of action, and entry shall be made in the judgment accordingly.

91. Neither the alleged commission of a crime or offence, nor the conviction nor the acquittal of any person of a crime or offence, shall be a bar to a civil action for damages against such person at the instance of any person who may have suffered any injury, or who may allege that he has suffered any injury, from or by reason of the commission of any such crime or offence.

92. Where any crime or offence is declared by any enactment to be punishable by such punishment as the court before which a conviction therefor shall be obtained shall award, or by such fine or imprisonment as the court before which such conviction shall be obtained shall award, such crime or offence may be tried in any court having criminal jurisdiction which the Attorney-General may elect for the prosecution of such crime or offence, jurisdiction for such purpose being hereby given to such court; but the accused person shall, in case of conviction, receive no larger amount of fine or longer term of imprisonment than the court by which he is tried shall be empowered to award in the exercise of its ordinary jurisdiction. Such right of electing the court may be exercised by the Attorney-General, though the maximum punishment, if the same be Prescribed, shall exceed that which a District Court or Magistrate’s Court is empowered to award.

1. There shall be a Council of Legal Education, which shall consist of the Judges of the Supreme Court, the Attorney-General, the Solicitor-General, and of such other persons of standing in the legal profession as the said Judges may appoint. Members so appointed shall go out of office on the last day of December of the third year from their appointment, and be succeeded by other members, who shall be appointed once in every three years. Any outgoing member shall be eligible for reappointment. It shall be the duty of the Council to supervise and control the legal education of students desiring to qualify themselves as Advocates or Proctors subject to the provisions herein contained.

2. The Council shall appoint a Principal of the Law College and a Treasurer or Treasurers, and may appoint a Registrar and such other officers and clerks as may be necessary to assist in carrying on the work of the Council. The Principal of the Law College shall act as Registrar to the Council unless a separate Registrar be appointed and the word Registrar in these rules shall, if there be no separate Registrar, mean the Principal. The duties of every officer appointed by the Council shall, where not expressly stated in these rules, be defined by resolution of the Council from time to time.

3. All officers appointed by the Council shall receive such salary and on retirement such pension or gratuity as the Council shall from time to time by resolution prescribe.

4. The common seal of the Council shall not be affixed to any instrument except in pursuance of a resolution passed by the Council and in the presence of two members, who shall attest the document sealed.

5. The common seal shall be kept in a, box with two different locks. The key of one of such locks shall be kept m the possession of the Registrar, and the key of the other in the possession of one of the members to be selected annually, or, as occasion arises, by the Council.

6.

7. An auditor shall be appointed by the Council annually to audit the accounts. The auditor shall examine the accounts, having before him all the books, papers, and vouchers necessary for that purpose; and if these be found to be in order he shall attest the correctness of the same. Such accounts shall include not only the receipts and disbursements of the preceding year but also the existing funds and property of the Council, and debts and credits thereof. The accounts shall be printed and issued to the members with the notice convening any meeting; and after they have been read at the meeting and approved, they shall be signed by the chairman and filed.

8. The meetings of the Council shall be held at the Judges’ library or elsewhere, as the Council shall resolve.

9. A meeting of the Council may be called at any time by the Registrar with the permission or on the direction of the Chief Justice or any two members; and a meeting may be called at shorter notice than that prescribed for meetings generally if so directed by the Chief Justice.

10. If on the day appointed for holding any meeting there shall not be five members present at the time appointed or within a quarter of an hour afterwards, no business shall be transacted, and the Registrar shall declare the meeting adjourned to a day of which he shall give notice.

11. The academic year for the Ceylon Law College shall commence on the Monday of the week in which the first day of October falls every year, and shall consist of three terms each of which shall be of such duration. (not exceeding twelve weeks) as will permit of the delivery in accordance with the prescribed time-table approved by the Board of Studies of the number of lectures required to be delivered during the year; and during the month of June in each year there shall be notified in such manner as may seem desirable the dates on which the terms of the next academic year shall commence.

12.

13.

14. The lecturers may from time to time and shall at least once annually examine the students in the subject-matter of the lectures delivered, and ascertain the progress made by each student.

15. Each lecturer shall in accordance with the approved time-table deliver the lectures and hold the classes hereinafter prescribed for the subjects in respect of which he holds office.

16. One lecturer shall be appointed in respect of and be responsible for each of the following subjects or group of subjects, and he shall during each academic year deliver the lectures herein indicated:

Provided that’ on the report of the Board of Studies the Council may from time to time by resolution alter the number of lectures allotted to each subject and divide or regroup the subjects in such manner as may seem desirable: –

(a) Jurisprudence (40 lectures) , (b) Roman Law (75 lectures): (c) Constitutional Law (75 lectures); (d) Local Government Law (20 lectures), Legal Systems (15 lectures); (e) International Law (45 lectures); (f) Trust Accounts and Book-keeping (30 lectures); (g) Digest (15 lectures), Voet (15 lectures); (h) Law of Persons (40 lectures) , (i) Law of Contracts (75 lectures); (j) Law of Torts (60 lectures); (k) Trusts (30 lectures) Partnership (15 lectures), Company Law (15 lectures); (I) Mercantile Law (50 lectures); (m) Criminal Law (65 lectures), Criminal Procedure (55 lectures); (n) Law of Property (80 lectures); (o) Conveyancing, Notarial and Court Practice Office Routine and Management (60 lectures); (p) Civil Procedure (30 lectures), Pleadings (20 lectures); (q) Law of Evidence (60 lectures); (r) Law of Insolvency (10 lectures), Executors and Administrators (20 lectures); (s) Conflict of Laws (30 lectures), Interpretation of Statutes and Documents (15 lectures); (t) Kandyan Law (20 lectures); (u) Muslim Law (20. lectures); (v) Thesawalamai (10 lectures).

17. A prospectus of the lectures and classes for each year shall be submitted to the Board of Studies before the commencement of the annual course. Such prospectus if wholly approved by the Board or as modified or altered by it, shall be deemed to be the prospectus during the academic year next ensuing, and shall be strictly adhered to.

18. Each lecturer shall submit to the Board of Studies for approval a synopsis of each course of lectures that he has to deliver, with a list of the relevant enactments and cases. Such synopsis, when wholly approved or as amended by the Board, shall be strictly adhered to.

19. The Principal shall supply each lecturer with an attendance book, in order that he may note the attendance of students at each day’s lectures. In case of non-attendance at a lecture by a student, he shall state the reason to the Principal. Continued irregularity in attendance on the part of any student shall be reported by the lecturer to the Principal.

20. Misbehavior on the part of any student within, or in the precincts of the College shall render him liable to punishment by the Council by being interdicted from entering the College during such time as the Council may appoint, or being prohibited from entering for any examination for which he would otherwise be entitled to present himself, or in such other manner as the Council may deem meet.

21. Each student shall attend at least 75 per cent, of the lectures in each course and satisfy the lecturers in the test examination in order to entitle him to a certificate under rules 30, 31 and 32, unless he is prevented from doing so by ill health or other cause deemed sufficient by the Principal:

Provided that for the purposes of the certificates under rules 31 and 32 such attendance shall have commenced after the student passed the Preliminary Examination and the Intermediate Examination respectively.

22. The Council shall in the month of September every year or so soon thereafter as may be convenient appoint a Board of Examiners” for each of the examinations to be held during the current academic year and may during such Year appoint to such Boards an additional examiner or examiners. No person shall be eligible for appointment as an examiner unless he is qualified to be appointed as a lecturer”, _ and the Council may at pleasure remove any examiner so appointed, and when an examiner is so removed or for any Other cause ceases to act, appoint another in his place. In the case of the examinations for the admission of Advocates, each Board shall consist of two Advocates one of whom shall be a lecturer; and in the case of the examinations for the admission of Proctors, each Board shall consist of a lecturer, an Advocate and a Proctor if there is a Proctor qualified as aforesaid among the applicants. The chairman of every Board so composed shall be the lecturer, and the Board shall in accordance with these rules conduct and report upon the examination in respect of which it has been appointed. The Council shall from time to time by resolution prescribe the duties of examiners and the remuneration to be paid to them.

23. Except as hereinafter provided, no person shall be admitted to qualify himself as Proctor or Advocate of the Supreme Court unless he shall have (i) completed his seventeenth year, (ii) produced a satisfactory certificate of good character, and (iii) furnished proof (in the case of a proctor student) of his being a Graduate in Arts or Science or Law in any University in the British Commonwealth, or of his having passed the Matriculation Examination of the University of London, or the Intermediate Examination in Arts or Science of any Indian University or the Senior Local Examination of the University of Cambridge, or the Cambridge Senior School Certificate Examination or the Ceylon Senior School Certificate (English) Examination with credit standard in English and Latin, and (in the case of an advocate student) of his being a Graduate in Arts or Science or Law of any University in the British Common- wealth or of his having passed the Intermediate Examination in Arts or Science of the University of London; or of having passed the First Examination in Arts or the First Examination in Science or the Higher School Certificate Examination of the University of Ceylon:

Provided always that the candidate shall adduce proof that he has passed an examination in English and Latin, such examination being either the examination on which he relies for his qualification, or some one or other of the aforesaid examinations;

Provided further that a candidate who relies for admission as an advocate student on his having passed the Intermediate Examination in Arts or Science of the University of London, or the First Examination in Arts or the First Examination in Science or the Higher School Certificate Examination of the University of Ceylon, shall adduce proof that he has passed in English, at the Intermediate Examination in Arts of the University of London or the First Examination in Arts or the First Examination in Science or the Higher School Certificate Examination of the University of Ceylon.

23A.

24. Such admission shall be in the month of August each year; and every candidate who fulfils the requirements of rule 23 may be registered as a student on paying to the Council the admission fee of Rs. 150:

Provided that the Principal may pending the publication of the results of any examination referred to in rule 23 which has already been held, provisionally admit any person who, being a candidate who sat for such examination, satisfies the other requirements of the said rule and pays the terminal fees.

25. Any student duly admitted as aforesaid may register to attend the various lectures provided for the appropriate Preliminary Examination by applying to the Principal in the month of September for admission to such lectures next due to commence:

Provided that where the admission is not provisional he shall have paid to the Council the lecture fee for the course, namely, Rs. 400 in the case of a proctor student and Rs. 500 in the case of an advocate student.

26. Any student who has passed the Preliminary Examination may register to attend the various lectures provided for the corresponding Intermediate Examination by applying to the Principal in the month of September for admission to such lectures next due to commence:

Provided that he shall have paid to the Council the lecture fee for the course, namely, Rs. 400 in the case of a proctor student and Rs. 500 in the case of an advocate student;

Provided further, that a student who has obtained at least 30 per cent. of the maximum marks in each subject and 40 per cent. of the aggregate of the maximum marks on all the subjects in a Preliminary Examination may, on similarly applying and paying Rs. 133 in the case of a proctor student and Rs. 166 in the case of an advocate student, be provisionally registered to attend such lectures; but he may continue such attendance beyond the first term, only if he passes such Preliminary Examination in the meantime and pays the remaining portion of the lecture fee, viz., Rs. 267 and Rs. 334 respectively.

27. Any student who has passed the Intermediate Examination may register to attend the various lectures provided for the corresponding Final Examination by applying to the Principal in the month of September for admission to such lectures next due to commence:

Provided that he shall have paid to the Council the lecture fee for the course, namely, Rs. 400 in the case of a proctor student and Rs. 500 in the case of an advocate student;

Provided further, that a student who has obtained at least 30 per cent, of the maximum marks in each subject and 40 per cent. of the aggregate of the maximum marks on all the subjects in an Intermediate Examination may, on similarly applying and paying Rs. 133 in the case of a proctor student and Rs. 166 in the case of an advocate student, be provisionally registered to attend such lectures; but he may continue such attendance beyond the first term, only if he passes such Intermediate Examination in the meantime and pays the remaining portion of the lecture fee, viz., Rs. 267 and Rs, 334 respectively.

28.* There shall be three examinations for the admission of Advocates and three examinations for the admission of proctors; and the subjects for examination in each case shall be as follows: –

* The Board of Studies has ordered under Rule 87 that for students admitted before 1st August, 1955. the examinations will be held for the last time under old Rule 28 as follows: -The Preliminary Examinations in August, 1956; the Intermediate Examinations in August, 1957; and the Final Examinations in August, 1958.

28. There shall be three examinations for the admission of Proctors and three examinations for the admission of Advocates; and the subjects for examination in each case shall be as follows: –

29. The Board of Studies shall from time to time indicate the scope of each of the subjects for examination, prescribe the syllabus and recommend books for the purpose of study; but until so altered the scope of the subjects, syllabus and books shall be as indicated in Schedule I. No alteration after 1937 shall have effect, unless not later than twelve months before the date on which it is to come into force, it is notified in such manner as may seem desirable.

30. No student shall be admitted to the Preliminary Examination until three terms have elapsed after his admission as a student, and unless he has paid all fees due to the Council and produces a certificate or certificates that he has attended a course of lectures on each of the prescribed subjects: Provided that the Council may, for sufficient cause, dispense with the certificate or certificates aforesaid.

31.

31A. Anything in rules 30 and 31 to the contrary notwithstanding, a graduate of the Faculty of Law of the University of Ceylon may at any time after his admission as a student of the Law College, upon payment of all fees due to the Council, be admitted-

32. No student shall be admitted to the Final Examination unless he has passed his Intermediate Examination and until nine terms shall have elapsed from the first day of the month in which he was admitted as a student, and unless he produces a certificate or certificates that he has attended a course of lectures on each of the subjects prescribed:

Provided that the Council may, for sufficient cause, dispense with such certificate or certificates. And in the case of proctor students unless he produces also a certificate or certificates Proving that he has served as a clerk in the manner required by rule 36.

32A. No graduate of the Faculty of Law of the University of Ceylon who has been admitted as a student of the Law College shall be admitted to the Final Examination-

33. There shall be two papers on each of the following subjects, viz: (i) The Law of Property including the Law of Trusts, and (ii) Civil Procedure and Pleadings, and one paper on each of the other subjects or group of subjects unless otherwise directed by the Council or by the Board of Studies. Candidates failing to obtain at least 40 per cent, of the maximum marks in each subject and 50 per cent. of the aggregate of the maximum marks on all the subjects shall not be entitled to a pass in any examination, unless the Council sees reason to direct otherwise. Each paper shall consist of not less than ten questions, and shall bear a full value of 100 marks.

34. On report to the Council by the examiners upon the examination, the Council shall resolve that certificates in the appropriate form A, B or C in Schedule II, signed by the Principal, shall be delivered to such candidates as the Council may deem to have passed the Preliminary Examination, the Intermediate Examination and the Final Examination respectively.

35. The examination shall be by written questions, the answers to which shall also be in writing.

36. After passing the Intermediate Examination for the admission of Proctors, a proctor student shall in accordance with the regulations in Schedule III serve for a period of two years as a clerk under a Proctor of the Supreme Court of ten years’ standing approved by the Council, and prepare and submit to the lecturer in Conveyancing during the first of such years at least two different deeds a week; and an advocate student shall after passing the Final Examination for the admission of Advocates attend for a period of six months the chambers of an Advocate of ten years’ standing practicing in Colombo and familiarize himself with the ordinary business of an Advocate in chambers, and shall also attend the District Court of Colombo and Supreme Court and report at least two cases every week in accordance with the regulations in Schedule IV appended hereto and submit them for revision by the lecturer on the Law of Evidence:

Provided that where, in the case of an advocate student, the Council is satisfied that the student has in a judicial capacity acquired sufficient practical acquaintance with the principles of legal procedure, it may dispense with the requirements of the rule.

37. Every person who intends to apply for admission as a Proctor or Advocate of the Supreme Court shall, six weeks at least before he shall so apply give notice of such his intention to the Registrar of the Supreme Court and the Registrar to the Council, and shall cause his name and place of abode written in legible characters to be posted up at the Registry of the Supreme Court and also on one of the outside doors of the court-house, and shall also cause notice of his intended application to be published once at least in the Gazette and in some English newspaper published in Colombo.

38. Every such application shall be in the form of a petition the Supreme Court, to which shall be annexed (i) the certificates A, B and C referred to in rule 34, (ii) an affidavit that the applicant is the identical person mentioned in the certificates and that he has attained the age of 21 years, and (iii) in the case of a proctor student, a certificate from the Proctor of the Supreme Court under whom he has served as provided in rule 36, that he has done his work as clerk with diligence, or, in the case of an advocate student, a certificate from the lecturer on the Law of Evidence that the reports of cases prepared by him under rule 36 were satisfactory, and also a certificate from, the Advocate whose chambers he has attended that he attended regularly and that he practically understands the details of the chamber practice of an Advocate.

39. The Supreme Court shall thereupon direct the Registrar of the Supreme Court to inquire and report whether the applicant is of good repute, and whether there exists any impediment or objection to his enrolment as a Proctor or Advocate, as the case may be. Upon such report the Supreme Court shall either direct the applicant to be sworn, admitted and enrolled or make such order as it may deem proper.

40. After the coming into operation of these rules there shall be admitted only one class of Proctors, namely, Proctors of the Supreme Court. But any person who has been admitted as a Proctor of the District Court may be enrolled as a Proctor of the Supreme Court under the rules next following.

41. Any person who has been admitted as a Proctor of any District Court may be enrolled a Proctor of the Supreme Court on application to the Supreme Court to be so enrolled, provided that he gives such notice of his application as is provided for in rule 37, and also furnishes a certificate under the hand of the District Judge of the district in which he has been enrolled that his name still remains on the roll of the District Court.

42. Except in the case of a Proctor of any District Court who since his admission as such has practiced as a duly admitted Notary Public, or has practiced his profession as a Proctor during a period of at least ten years, every such application shall be referred by the Supreme Court to the Council of Legal Education who shall cause the applicant, on Payment by him to the Council of a fee of Rs. 50, to be examined in Conveyancing. He shall not be entitled to a Pass in such examination if he fails to obtain at least 50 per cent of the maximum marks, unless the Council direct otherwise. Upon the Council reporting the result of the examination, and in the case of a Proctor of any District court who has practiced as a Notary aforesaid, or has practiced his profession as a Proctor during a period of at least ten years as aforesaid, upon being satisfied that he has so practiced, the Supreme Court shall either direct the applicant to be sworn, admitted and enrolled a Proctor of the Supreme Court, or make such other order as to it may seem meet.

43. Any student who has passed the examinations for the admission of Advocates, if he is desirous of being admitted as a Proctor of the Supreme Court instead of as an Advocate, may be so admitted on his application to the Supreme Court, provided that he passes a satisfactory examination in Conveyancing and in Trust Accounts and Book-keeping. For such examination he shall pay to the Council a fee of Rs. 50 and he shall not be entitled to a pass if he fails to obtain at least 50 per cent, of the maximum marks, unless the Council direct otherwise.

44. Whenever any person who has been enrolled a Proctor of the Supreme Court, in virtue of having practiced his profession for at least ten years and without having passed the examination in Conveyancing prescribed by rule 42, desires to qualify in Conveyancing, for the purpose of obtaining a warrant to practise as a Notary, he may apply to the Principal to be examined in that subject. Thereupon, and on payment to the Council of a fee of Rs. 50, the Council shall cause him to be examined in Conveyancing in the manner provided by that rule.

45. A Solicitor, Attorney, Writer to the Signet, or Proctor in any of the Superior Courts of Record in Great Britain or Ireland, or a Law Agent admitted to practise in Scotland, may be admitted a Proctor of the Supreme Court without the examination herein prescribed; provided that he apply to the Supreme Court for admission as such Proctor fulfilling the requirements as to notice prescribed by rule 37, and produce documentary proof of his previous admission as a Solicitor, Attorney, Writer to the Signet, Proctor or Law Agent, together with an affidavit that he is the person named in such document, that he has not done or committed any act or thing which would cause his name to be struck off the roll of the court in which he has been admitted, and that to the best of his knowledge and belief his name still remains on the said roll. Upon such application, if the Registrar of the Supreme Court report that the applicant is of good repute and that there exists no impediment or objection to his admission, the Supreme Court shall direct that the applicant be sworn and admitted a Proctor of the said court.

46.

47. The application for admission shall be made as provided by rule 37. The applicant shall annex to his application the certificates A, B, C, and the affidavit required by rule 38. The provision of rule 39 shall apply to the application.

48. Any person who, after his admission as an Advocate of the Supreme Court, has had his name removed from the full of Advocates with the view of becoming a Proctor of the Supreme Court, may be admitted as such Proctor on application to the Supreme Court to be so admitted, provided he gives such notice of his application as is required by rule 37 and furnishes satisfactory evidence of good character and passes an examination in Conveyancing as hereinafter provided.

49. On the receipt of such application the Supreme Court may refer the same to the Council of Legal Education, who shall cause the applicant, on payment by him to the Council of a fee of Rs. 50 to be examined in Conveyancing. He shall not be entitled to pass in such examination if he fail to obtain at least 50 per cent, of the maximum marks, unless the Council otherwise direct. Upon the Council reporting the result of the examination the Supreme Court may direct the applicant to be sworn, admitted and enrolled a Proctor of such court.

50. A Solicitor, Attorney, Writer to the Signet, or Proctor, in any of the Superior Courts of Record in Great Britain or Ireland, or a Law Agent admitted to practise in Scotland, at any time after the expiration of a period of five years since his admission as such, may be enrolled an Advocate of the Supreme Court upon payment of a fee of Rs. 100 to the Council and upon passing the examinations for the admission of Advocates.

51. * Any person who has been duly called to the Bar in England, Scotland or Ireland may be admitted and enrolled an Advocate of the Supreme Court without the examinations hereinbefore prescribed, provided that he apply to the Supreme Court for admission as Advocate and fulfil the requirements prescribed by rule 37 and produce documentary proof of his previous call to the Bar, together with an affidavit that he is the person named in the said documents, and that he has not done or committed any act or thing rendering him liable to be disbarred. Upon such application, if the Registrar of the Supreme Court report that the applicant is of good repute and that there exists no impediment or objection to his admission and enrolment, the Supreme Court shall direct the applicant to be sworn, admitted, and enrolled an Advocate of the said court, or make such other order as it may deem proper.

* On 1st January, 1959, the following shall be substituted for Rule 51: –

51. Any person who has been duly called to the Bar in England, Scotland, or Ireland, may be admitted and enrolled an Advocate of the Supreme Court without the examinations hereinbefore prescribed, provided that-

51A. Where any person has been duly called to the Bar in England, Scotland, or Ireland, and three years have not elapsed since the date of his call to the Bar of any of those countries, he may be admitted and enrolled as an Advocate of the Supreme Court-

51B. Upon every application for enrolment made to the Supreme Court it may make such order as it may deem proper.

52. Scholarships and prizes shall be awarded by the Council from moneys vested in the Council for such value, and subject to such conditions, as the Council may by resolution determine.

53.

54. The examinations shall be held twice annually commencing ordinarily in the months of December and August on such dates as the Council may appoint; but until so altered the Preliminary Examinations shall commence in December on the Monday falling in the eleventh week of the academic year, and in August on the Monday following the end of the third term. The Intermediate Examinations and the Final Examinations shall not commence later than one week and two weeks respectively after the Preliminary Examinations, on dates to be notified in such manner as may seem desirable.

55.

56. If through change of name, migration, or otherwise, the identity of a candidate offering himself for any examination shall not be prima facie evident, the Principal may Require such further evidence of identity as he may deem necessary.

57. At every examination, the papers of each candidate shall be distinguished not by name, but by the examination number assigned to him by the Principal.

58. No student who is more than 15 minutes late alter an examination shall have commenced shall be allowed to enter the examination room except with the consent of and subject to such terms and conditions as may be imposed by the Principal or supervisor or supervisors, and no student who has once entered the room shall leave the same until the expiration of at least three-fourths of the time allowed for the examination, except with the express permission of the supervisor or supervisors.

60.* Candidates on entering the examination room shall give up to the supervisor or supervisors all books and papers in their immediate possession at the time. After the commencement of the examination any candidate found talking to another, or copying from or using notes or books or having the same in his possession shall be instantly expelled from the room by the supervisor or supervisors, and his case reported to the Principal who shall bring it to the notice of the Council.

62.* No person shall be appointed as an examiner for the same examination in two successive years, and no lecturer shall examine in the subjects in which he lectures:

Provided that this rule shall not apply in the case of persons appointed to examine in subjects in which the number of competent examiners is so small as to make it undesirable in the opinion of the Council that the rule should be enforced strictly.

*Rules 59 and 61 repealed

63. The papers set in every subject shall be such as a candidate of decided ability well prepared in the subject can reasonably be expected to answer during the time allotted.

64. The papers proposed for every examination in writing shall be previously submitted to all the members of the Board of Examiners conducting that examination, and the Board shall meet and revise them, and may alter such papers and consult and frame a uniform system for allotting of the marks.

65. The Board of Studies or any member thereof may call for any paper of questions prepared to be set for any examination and revise the same, or make such alterations to it as to such committee or member may seem desirable, and the paper shall be set as so revised, altered or added to by the Board, or with the approval of the Board by the member who had called for the same.

66. All questions arising among examiners as to the framing of questions or any other matter shall be determined by a majority of votes, the chairman having a second or casting vote when the votes are equally divided.

67. If the Board conducting any examination is divided in opinion as to the merit of any candidate, his case shall be decided by the votes of the majority; and if in voting the members are equally divided, the Principal shall at the request of the Board nominate a member of a board appointed to conduct one of the other examinations, to assist in the examination; and in such event the assisting examiner shall be remunerated for such assistance at the same rate as the other examiners.

68. A candidate at any examination who takes all the subjects prescribed therefor on one and the same occasion and obtains in the written examination 50 per cent, of the aggregate of the maximum marks in all the subjects though he fails to reach the minimum standard in one subject only, may if he obtains not less than 30 per cent, of the maximum marks in that subject be referred in that subject, i.e., he may be permitted on the recommendation of the examiners to present himself in that subject alone on one occasion only at either of the next two examinations. Referred candidates who do not obtain 50 per cent. of the maximum number of marks in their referred subject within the above stated limit, will be required when re-entering to offer all the subjects for examination again. Candidates for examination under this rule shall if advocate students pay a fee of Rs. 25 and if proctor students pay a fee of Rs. 20.

69. A candidate who has completed any examination after having been referred in one subject will be deemed for all purposes to have passed the examination in question on the date of such completion.

70.

71. The Board conducting every examination shall be responsible for the verbal accuracy of the papers as issued to the candidates.

72. In the course of examinations held un these rules the supervisor or supervisors shall, as far as practicable, be present in the examination room throughout each examination and watch the candidates and otherwise supervise the Proceedings thereat.

73. No person, except a member of the Council or the Principal or a member of the Board of Examiners, or a supervisor or supervisors, shall be allowed to enter the examination room during the progress of an examination, or be allowed to loiter in the precincts thereof.

74. Subject to any direction that may be given by the Council, the Board of Studies may from time to time issue such instructions as it may consider necessary for regulating the manner in which the questions to be answered at any examination shall be communicated to the candidates.

75.

76. All cases of misconduct or irregularity on the part of the students not specially provided for herein shall be dealt with and disposed of by the Council in such manner as to the Council may seem meet.

77. All persons of good repute not admitted as students as hereinbefore provided may attend the lectures provided for by these rules on payment to the Council of Rs. 75 for each subject.

78. The Council may arrange for lectures to be delivered occasionally under the auspices of the Council and in the presence of as many members thereof as may be able conveniently to attend on special subjects outside the ordinary curriculum, by persons unconnected with the regular staff of lecturers; and, if necessary, remunerate such persons in such manner as the Council may deem meet.

79. Any student who during the period in which he is qualifying for admission as Advocate or Proctor shall be engaged in any other occupation than the study of the law or the business proper to an Advocate or Proctor shall not be entitled to be admitted as an Advocate or Proctor:

Provided that in any particular case the Council may for sufficient cause, direct otherwise.

80. The Council may from time to time purchase legal and other books and papers, and book-cases and necessary articles of furniture for the use of students in their law library.

81. The Principal may from time to time prescribe the time of opening and closing the library and other parts of the buildings of the Council.

82. A book, called the Roll of Students, shall be kept by the principal, in which shall be entered the name and address in full of each student, and the date of his admission as a student, and the name and address of his parent or guardian. Any change of address by a student or his parent or guardian shall be promptly notified by the student to the Principal.

83. There shall be three vacations in each year to be called the Christmas vacation, the Easter vacation, and the Midsummer vacation. The Christmas vacation shall commence at the end of the first term and be of two weeks’ duration, the Easter vacation shall commence at the end of the second term and be of three months’ duration, and the Midsummer vacation shall commence at the end of the third term and be of one month’s duration.

84. Any student desirous of communicating with the Council should address the Principal.

85. A student who presents himself for any examination under these rules, and whose papers show that he had no reasonable expectation of passing, may, on the fact being reported by the examiners to the Council, be precluded from entering for the examination again for such time as the Council may determine.

86. No motion for the repeal or alteration of any rule or by-law or for the introduction of any new rule or by-law, shall be made by any member at any meeting of the Council unless notice of such motion shall have been given at some previous meeting, or unless notice in writing of at least fourteen days, specifying the substance of the motion, shall have been given to the Registrar and the Registrar (whose duty it shall be to do so) shall, as soon as conveniently may be after the receipt of such notice, have circulated the same among the members.

87. These rules shall apply to students admitted after 1st August, 1955, and, as far as practicable, to students admitted before that date: Provided that if, in the case of students admitted before that date, a strict adherence to any rule be in the opinion of the Board of Studies likely to work hardship, the Board may make such order as it may deem meet; and provided also that these rules shall not apply to students who have before that date passed the Final Examinations for the admission of Proctors and Advocates under the rules heretofore in force, but who have not yet been so admitted, and that such students do continue to be governed by the rules heretofore in force.

88. All students shall be bound by such variations as may from time to time be made to these rules.

DETAILS AND SCOPE OF SUBJECTS FOR EXAMINATIONS, AND BOOKS RECOMMENDED

The subjects may be studied by candidates for the examinations for the admission of Proctors in the books suggested for the use. Candidates for the examinations for the admission of Advocates are advised to study in addition the other books suggested for their reading. The books are recommended in both instances with a view to indicating the general scope of each subject, but questions will not be confined to the books. Where the subject for study is an enactment candidates will be expected to be familiar also with the standard commentaries thereon. All candidates will be expected to be acquainted with the Ceylon enactments and cases corresponding to the statute law and case law mentioned in the books recommended.

Nature and scope of Jurisprudence-The methods of approach to the study of Jurisprudence. Theories relating to State Sovereignty; Evolution of Law; Definition of Law; Law of Nature; Relationship between Law and the State; The Sources of Law, with particular reference to Roman’ Roman-Dutch and English Law. The analysis of the following juristic conceptions: Rights and Duties; Legal Personality; Status; Property; Possession; Ownership; Contracts, and Quasi-contracts; Delict.

Divisions of the Law and its classifications Criminal Law with particular reference to theories of punishment and criminal liability.

Examination for Admission of Proctors: Keeton-The Elementary Principles of Jurisprudence (2nd edition).

Examination for Admission of Advocates: Paton-Jurisprudence (2nd edition); Salmond-Jurisprudence (10th edition by Glanville William); Hughes-Jurisprudence.

For Reference: Allen, C. K.-Legal Duties-Law in the Making; John Austin-Lectures on Jurisprudence (5th edition by R. Campbell); Jethro Brown-Austinian Theory of Law; Buckland, W. W. and McNair, A. D.-Roman Law and Common Law (2nd edition by Lawson); Friedmann, W.- Legal Theory; Goodhart, A. L.-Essays in Jurisprudence and Common Law; Gray, J. C.-Nature and Sources of Law; Guttedge, H. C.-Comparative Law (2nd edition); Hohfeld, W. N.-Fundamental Legal Conceptions; Jones, J. W.- Historical Introduction to the Theory of Law; Maine, H. S.- Ancient Law (Pollock’s edition); Jennings-Modern Theories of Law; Pollock, F.-Essays in the Law-A First Book of Jurisprudence (6th edition, 1929); Pound, R.-An Introduction to the Philosophy of Law; Stone, J.-The Province and Function of Law.

This subject will include

(a) The history of the courses of the Roman Law together with an account of the administration and judicial organization of the Empire under Constantine, and a sketch of the subsequent history and influence of Roman Law.

(b) The Law of Persons; the Law of Property; the Law of Testamentary and Intestate Succession (excluding the Law of Succession to Freedmen and the changes in the Law of Intestate Succession made after Senatus Consultum Orfitianum and before Justinian’s Novels); the Law of Obligations; and the Law of Actions.

Advocate students will be expected to have studied the subject historically and to be familiar with the text of the Institutes of Justinian, from the following parts of which passages may be set for translation and comment, viz., Book I, Titles 1 and 2: Book II, Titles 1 to 9; Book III, Titles 13 to 29; Book IV, Titles 1 to 9 and 13 to 15.

Examinations for Admission of Proctors: Hunter-Introduction to Roman Law League-Roman Private Law; Lee -Elements of Roman Law.

Examination for Admission of Advocates: Moyle-Institutes of Justinian; Jolowicz-Historical Introduction to the Study of Roman Law; Allcroft and Mason-Tutorial History of Rome..

For Reference: Buckland-Manual of Roman Private Law; Buckland & McNair-Roman Law and Common Law.

The outlines of the constitution of the United Kingdom of the present day, with such reference to those features of the constitution which are essential for a proper understanding of the relations between the United Kingdom and the Dominions the Colonies, India and the Dependencies. A special study of the Constitution of Ceylon. The evolution of representative Government in Ceylon. The legal and constitutional powers of the Queen in Council, the Governor-General. The organization of public authorities in Ceylon. The relation between central and local government. The powers of the Crown in relation to the armed forces. The powers of the Crown in time of emergency. The Police. The position of the Judges. Appeals to the Privy Council. Nationality. Aliens, etc. The outlines of the constitutions of the other members of the Commonwealth to the extent to which they throw light on the Constitution and the Government of Ceylon.

Examination for the Admission of Proctors: The Ceylon (Parliamentary Elections) Order in Council, 1946, the Ceylon Independence Act, 1947 (11. Geo. 6 Ch. 7), the Ceylon Independence (Commencement) Order in Council, 1947, the Ceylon (Constitution and Independence) Orders in Council, 1946 and 1947: (i) the Ceylon (Independence) Order in Council, 1947, (ii) the Ceylon (Constitution) Order in Council, 1946, (iii) the Ceylon (Constitution) (Amendment No. 3) Order in Council, 1947, the Ceylon (Office of Governor-General) Letters Patent, 1947, the Royal Instructions dated 19th December, 1947. Standing Orders of the House of Representatives of Ceylon, Standing Orders of the Senate of Ceylon; Mills-Ceylon under British Rule; Jenks- the Government of the British Empire; Keith-An Introduction to British Constitutional Law; Salant Constitutional Laws of the British Empire.

Examination for Admission of Advocates: Keith-the Government of the British Empire; Wade and Phillips- Constitutional Law; Keith-Dominions as Sovereign States.

For Reference: Anson-The Law and Custom of the Constitution; Keith-Constitutional Law of England; Keith- responsible Government in the Dominions; Keith-The Constitutional Law of the British Dominions; Brady- Democracy in the Dominions; Keir and Lawson-Cases in Constitutional Law; Jennings and Young-Constitutional Law of the British Empire; Garner-Political Science and Government.

The principles of Local Government Law. The constitution and powers of Local Government bodies in Ceylon. The relation between the Central Government and the Local Government authorities.

Examination for Admission of Proctors: Statute Law relating to Municipal Councils, Town Councils, Urban Councils, and Village Committees.

Examination for Admission of Advocates: Jennings- Principles of Local Government Law.

The history in outline of the different systems of law in force in Ceylon and the relation between them. The Roman Law in Holland. The sources and authorities in Roman-Dutch Law and their relative value. The introduction of Roman-Dutch Law into Ceylon, and the extent of its present prevalence. The applicability of English Law, Kandyan Law, the Thesawalamai, and Muslim Law. The existing legal system of Ceylon, its history, organization and the jurisdiction of the different courts (including the Privy Council).

Examination for Admission of Proctors: Pereira-Laws of Ceylon (Parts I and II); Lee-An Introduction to Roman-Dutch Law-(General Introduction); Jennings and Thambiah -The Dominion of Ceylon.

Examination for Admission of Advocates: Wessels-History of the Roman-Dutch Law; Vinogradoff-Roman Law in Mediaeval Europe.

For Reference: A General Survey of Events, Sources, Persons and Movements in Continental Legal History; Potter -Historical Introduction to English Law; Denning-Freedom under the Law.

The scope of this subject is determined by the following books: Hughes-Onslow-Lawyers’ Manual of Book-keeping; Wait-Text Book of Practical Book-keeping (Chapters I- XI); D. Cousins-Teach Yourself Book-keeping; J. L. Price -Solicitor’s Book-keeping; L. C. Cropper-Elementary Book-keeping.

For Reference: Fieldhouse-The Students’ Advanced Commercial Book-keeping.

The Law of Peace including the Law relating to International Institutions. The Law of War. The Law of Neutrality.

Brierly-Law of Nations (An Introduction to the International Laws of Peace) (Latest Edition); Starke- Introduction to International Law (3rd edition).

For Reference: British Year Book of International Law; Year Book of World Affairs; American Journal of International Law; Oppenheim-International Law (7th edition, Lauterpacht).

The examination in this subject will have reference to a prescribed portion of Justinian’s Digest to be studied in connection with the corresponding branch of the law in force in Ceylon. For 1938 and until altered-Title IX. 2. Ad Legem Aquiliam. Grueber-The Lex Aquilia.

For Reference: Monro-Lex Aquilia IX. 2. 1898; Van den Heever-Aquilian Damages in South African Law; Lawson -Negligence in the Civil Law.

This course of lectures is drawn up on the basis of the Roman-Dutch Law of Contracts as set out in the standard books on the subject with special reference to the leading South African cases and the case law of Ceylon. The English Law of Contract is drawn on wherever necessary to a proper understanding of the Roman-Dutch Law and wherever it coincides with the Roman-Dutch Law. The general principles of the English Law of Contract are also dealt with in so far as is necessary for a proper understanding of Mercantile and Commercial Contracts.

Examination for Admission of Proctors: Lee-Introduction to Roman-Dutch Law; Walter Pereira-Laws of Ceylon, pp. 549 to 704; Anson-Law of Contract.

Examination for Admission of Advocates: Wessels- Roman-Dutch Law of Contract; Maasdorp-Institutes of South African Law, Vol. III; Nathan-Common Law of South Africa, Vol. II; Wille-Principles of South African Law (3rd edition), pp. 282 to 464; Lee and Honore-South African Law of Obligations; Cheshire and Fifoot-Law of Contract.

For Reference: Norman-Purchase and Sale in South Africa; Caney-Law of Suretyship in South Africa; Caney- Law of Novation in South Africa; De Villiers and McIntosh- Law of Agency in South Africa; Nathan and Scholsberg- Law of Damages in South Africa; Diemont-Law of Hire-Purchase in South Africa; Chitty-Contracts; Leake on Contracts; Morice-English and Roman-Dutch Law, Part III.

Relevant articles in the South African Law Journal and the Law Quarterly Review.

Reference is also made to all statutes which have a bearing on the Law of Contract.

The scope of the subject will be in accordance with its treatment in the standard text-books, and will comprise a knowledge of the law in force in Ceylon with respect to Torts.

Examination for Admission of Proctors: Underhill- Summary of the Law of Torts; Lee-An Introduction to Roman-Dutch Law (Book III, Part III); Pereira-Laws of Ceylon (Book II, Sec. III and IV); E. B. Wikramanayake- Delict in Ceylon.

Examination for Admission of Advocates: Maasdorp- Institutes of South African Law (Vol. IV); McKerron-The Law of Delict in South Africa; Morice-English and Roman-Dutch Law (Part IV); E. B. Wikramanayake-Delict in Ceylon.

For Reference: Salmond-Law of Torts; Pollock-Law of Torts; Nathan-Common Law of South Africa (Vol. IV, Part VII); Radcliff and Miles-Cases Illustrating Principles of the Law of Torts; Macintosh and Scoble-Negligence in Delict; T. B. Barlon-The South African Law of Vicarious Liability; Clerk and Lindsell-The Law of Torts; F. H. Lawson- Negligence in the Civil Law; G. L. Williams-Joint Torts and Contributory Negligence; Winfield-A Text Book on the Law of Torts; M. de Villiers-The Roman and Roman-Dutch Law of Injuries , Richard O’Sullivan, Q.C.,-Gatteg on Libel and Slander (4th Edition).

This subject comprises the study of the Bills of Exchange Ordinance, the Sale of Goods Ordinance and the principles relating to the Law of Agency and Contracts of Insurance. The scope of this subject is determined by the following books: -Stevens-Elements of Mercantile Law (12th edition), Chapters 11, 14 to 18; Chalmers-Sale of Goods; Jacobs-Bills of Exchange, Cheques and Promissory Notes; Anson-Law of Contract (19th edition), Chapters 18 to 20.

For Reference: Chalmers-Bills of Exchange.

This subject will comprise an account of the law in force in Ceylon concerning Partnership and Company Law; and a knowledge of the texts of the relevant enactments and the case law thereon will be expected.

Examination for Admission of Proctors: Stevens- Mercantile Law (Chapters XI and XII); K. M. Ghosh-Partnership Law in India and Pakistan.

Examination for Admission of Advocates: Underhill-Law of Partnership; Topham-Principles of Company Law.

For Reference: Palmer-Company Law; Palmer-Company Precedents; Lindley-Law of Partnership; Pollock-The Law of Partnership.

This subject will comprise an account of the law as contained in the Ceylon Penal Code and such other enactments as may be prescribed from time to time.

Examination for Admission of Proctors: Ratanlal and Thakore-The Indian Penal Code; Kantawala-Ceylon Police Court Law (Parts I and II).

Examination for Admission of Advocates: W. C. Turner-Kenny’s Outlines of Criminal Law; Turner and Armitage- Cases on Criminal Law.

For Reference: Gour-Penal Law of India; Ratanlal and Thakore-The Law of Crimes.

The examination in this subject will have reference to a prescribed portion of Voet’s Pandects to be studied in connection with the corresponding branch of the law in force in Ceylon. For 1939 and until altered-Book XL, Title 10, De Injuria. De Villiers-The Roman and Roman-Dutch Law of Injuries; Wikramanayake-Voet’s Pandects, Book XLVII, Title 10, Text and Translation.

For Reference: Wikramanayake-Law of Delict in Ceylon; McKerron-The Law of Delict; Nathan-The Common Law of South Africa; Maasdorp-Institutes of South African Law.

This subject will comprise the law of persons in force in Ceylon other than the law of persons affecting political status, capacity to contract and liability in tort and under the criminal law; and will include the law affecting marriage, husband and wife, minority, guardian and ward, legitimacy, parentage, persons of unsound mind, prodigals.

Examination for Admission of Proctors: Pereira-Laws of Ceylon (Part III); Lee-Introduction to Roman-Dutch Law (Book I).

Examination for Admission of Advocates: Maasdorp- Institutes of South African Law (Vol. I); Morice-English and Roman-Dutch Law (Part I).

For Reference: Nathan-Common Law of South Africa (Vol. I, Part III); Burge-Commentaries on Colonial and Foreign Laws (Vol. I); Arunachalam-Digest of the Civil Law of Ceylon (Vol. I); Balasingham-Law of Persons (Vols. I and II).

This subject will comprise the classification of things, the meaning and incidents of ownership, the different forms of land tenure in Ceylon, including the statutes relating to land, the modes of acquisition of ownership, including Occupation, Prescription, Accession (which includes the Law relating to Compensation for Improvements), Tradition (including the Prevention of Frauds Ordinance and Registration), Donation and Partition, Possession, Jura in re Aliena (including servitudes, mortgage, leases and rent restriction), Succession (testate and intestate) and Fideicommissa.

Examination for Admission of Proctors: Lee-Introduction to Roman-Dutch Law (Books II and IV); Lee and Honore- South African Law of Property, Family Relations, and Succession (Books I and III); Coomaraswamy-Conveyancer and Property Lawyer (Vol. I, Parts I and II, Chapters II, III, VI to IX, X, XIII and XIV); Pereira-Laws of Ceylon (Part IV).

Examination for Admission of Advocates: In addition to the above books: -Maasdorp-Institutes of Cape Law (Vol. II); Morice-English and Roman-Dutch Law (Parts II, V and VI).

For Reference: Balasingham-Law of Things (Vol. III, Parts I, II, III and IV); Jayewardene-The Law of Registration of Deeds in Ceylon; Steyn-Law of Wills; Nadaraja -Fideicommissa; Wille-Principles of South African Law.

This subject will comprise an account of the law in force in Ceylon concerning Trusts; and a knowledge of the texts of the relevant enactments and the case law thereon will be expected.

Examination for Admission of Proctors: Aiyar-Commentaries on the Indian Trust Act; Keuneman-Notes on the Law of Trusts.

Examination for Admission of Advocates: Strahan-A Digest of Equity (Introduction and Book I, A First Division); H. G. Hanbury-Modern Equity (Books I, II and V); Aggara-wala-The Indian Trusts Act, 1882.

For Reference: Snell-Principles of Equity.

These subjects will comprise the customary and statute law affecting persons and property subject to each system.

Kandyan Law: Hayley-A Treatise on the Law and Customs of the Sinhalese; Modder-Kandyan Law.

Muslim Law: Mulla-Principles of Mohammedan Law; Ameer Ali-Mohammedan Law.

Thesawalamai: Tambiah-The Laws and Customs of the Tamils of Jaffna.

This subject will comprise an account of the procedure in criminal cases as contained in the Criminal Procedure Code.

For Reference: Dias-Commentary on the Criminal Procedure Code.

This subject will include (a) an account of the system of procedure in civil cases before the Court of Requests, District Court, Supreme Court and the Privy Council as contained in the Civil Procedure Code and Rules; and (b) the principles of pleadings.

Examination for Admission of Proctors: Civil Procedure Code; Wikramanayake-The Law of Civil Procedure; Odgers -Pleadings and Practice; Balasingham-Corpus Juris, Volume I.

Examination for Admission of Advocates: Mulla-The Code of Civil Procedure.

For Reference: The Annual Practice, The Indian Code of Civil Procedure Act, XIV of 1882, edited by O’Kinealy and revised by Rampini (1905); The Code of Civil Procedure (V of 1908) A.I.R. Commentaries by V. V. Chitaley and Annaji Rao.

This subject will comprise the principles of the Law of Evidence.

Examination for Admission of Proctors: Coomaraswamy- A Text Book of the Law of Evidence in Ceylon.

Examination for Admission of Advocates; Coomaraswamy- A Text Book of the Law of Evidence in Ceylon.

For Reference: Ratanlal and Thakore-Indian Evidence Act; Wills-Circumstantial Evidence; Monir-Indian Evidence Act; Phipson-Law of Evidence.

The law and practice in conveyancing in Ceylon with respect to movable and immovable property. Preparation of contracts and conveyances of land, leases, mortgages, trusts and settlements, examination of title, and preparation of abstracts of title. Inspection of registers and encumbrances. The general principles governing the registration of titles to land. Stamping. Kathiresu-Notary’s Manual.

This subject will comprise the principles and provisions with respect to jurisdiction and the selection of the appropriate law in cases involving a foreign element. Burgin and Fletcher -The Students’ Conflict of Laws; Graveson-Conflict of Laws.

For Reference: Cheshire-Private International Law; Dicey-Conflict of Laws; Hibbert-Cases in Conflict of Laws; Graveson-Cases on Conflict of Laws.

Maxwell-Interpretation of Statutes, edited by Sir Gilbert Jackson; Odgers-Construction of Deeds and Statutes; Burrows-Interpretation of Documents; Craies-Statute Law, edited by Odgers.

This subject will comprise an account of the law and practice in force in Ceylon. The Insolvency Ordinance, ” for regulating the due Collection, Administration and Distribution of Insolvent Estates “. Wikkramatileke-Law of Insolvency; Tambiah and Coomaraswamy-Law of Insolvency.

This subject will comprise an account of the law and practice in force in Ceylon. Civil Procedure Code, Part VII, Mustoe- Law of Executors and Administrators.

For Reference; Williams-Executors and Administrators.

FORMS OF CERTIFICATES A

Incorporated Council of Legal Education Ceylon Law College

This is to certify that passed the Preliminary Examination for the admission of Proctors (or Advocates) of the Supreme Court of Ceylon in 19 . 19-. Principal. Incorporated Council of Legal Education Ceylon Law College This is to certify that passed the Intermediate Examination for the admission of Proctors (or Advocates) of the Supreme Court of Ceylon in 19 . 19-. Principal. C Incorporated Council of Legal Education Ceylon Law College This is to certify that passed the Final Examination for the admission of Proctors (or Advocates) of the Supreme Court of Ceylon in 19 . 19-. Principal.

REGULATIONS CONCERNING APPRENTICESHIP

1. No person shall be admitted to the Final Examination for the admission of Proctors-

2. All articles shall be produced to the Principal who shall on being satisfied-

record the names and addresses of the parties thereto, the date thereof and the date of the making of the entry in his Register of Articles.

3. If the articles of any clerk are not produced to the Principal for registration within one month from the date thereof the services of the clerk shall be reckoned as commencing only upon the date of such production.

4. Services by an articled clerk whilst a Proctor has ceased to practise shall not be deemed to be good services by the clerk under his articles.

5. Every articled clerk shall during the entire term of his articles be actually employed by the Proctor to whom he is articled in the proper business practice and employment of a Proctor.

6. No person shall be refused admission to the Final Examination for the admission of Proctors by reason only of any Proctor whom he has served for any part of the terms of articled service, having neglected or omitted to take out his annual licence to practise, or by reason only of any Proctor whom he has served for any period having after the termination of that period been removed from or struck off the roll.

7. Where an articled clerk has not served under his articles in strict accordance with the provisions of these rules, but has after the execution of his articles bona fide served (either continuously or not) one or more Proctors as an articled clerk for a period equal in their aggregate to the full term for which he was originally articled and has complied with the other requirements of these regulations, the Council may if satisfied that the irregularity in the services was occasioned by accident, mistake, or sufficient cause, and that the services though irregular were substantially equivalent to services in accordance with the provisions of these regulations direct that the services of such clerk be treated as if they had been regular service.

8. Where before the expiration of the term for which a clerk is articled the Proctor to whom he is articled ceases to practise as a Proctor or dies, or where the articles are cancelled by mutual consent, the clerk may be bound by fresh articles to another practicing Proctor for the residue of the said term, and service under such fresh articles in accordance with the provisions of these rules shall be good service.

REGULATIONS CONCERNING REPORTING OF CASES

(1) Each report should contain the title of the court, the names of the Judge and the parties, the time and place of trial, and the matter of the charge, cause of action, &c. It should also contain inter alia, a full and methodical statement of the substance of the evidence given as elicited in examination-in-chief, cross-examination, or re-examination, the objections made to the evidence, oral or documentary, the points, if any, argued, the arguments of counsel, and the decisions of the Judge thereon, and ultimate result of the case.

(2) The candidate should underline in the body of his report such portions of the evidence as appear to him to be most material, giving his reasons in the margin in a short note.

(3) Each candidate should append to his reports a declaration that they have been obtained by his personal attendance in court and as bona fide his own composition, without revision or help by another person or from another report.

(4) Foolscap paper should be used, and written on one side only with allowance for a good margin.

(5) The reports should include civil and criminal cases (original and in appeal) in the proportion of 4 to 1.

JUSTICES OF THE PEACE FOR CEYLON

The Judges of the Supreme Court.

The Senators and Members of Parliament.

The Permanent Secretaries and Assistant Secretaries to the various Ministries.

The Attorney-General.

The Solicitor-General.

The Deputy Solicitors-General.

All Crown Counsel.

The Inspector-General of Police.

The Deputy Inspectors-General of Police.

All Superintendents of Police and Assistant Superintendents of Police other than Probationary Assistant Superintendents of Police.

The Clerk to the Senate.

The Clerk and Clerk-Assistant to the House of Representatives.

The Registrar and Deputy Registrars of the Supreme Court.

The Registrar-General.

The District Judges For the different districts and The Commissioners of divisions over which the courts of the Courts of which they are respectively Judges, Requests Commissioners, or Magistrates The Magistrates have jurisdiction.

The Quazis functioning in areas of jurisdiction of District Courts for the respective areas of jurisdiction of those Courts.

Members of the Board of Quazis residing in areas of jurisdiction of District Courts for the respective areas of jurisdiction of those Courts in which they reside.

The Presidents of Rural Courts for the respective areas of jurisdiction of those Courts.

The Secretaries of District Courts for the respective areas of jurisdiction of those Courts.

The Government Agents of the Administrative Districts for their respective Administrative Districts.

The Assistant Government Agents functioning in Administrative Districts for the respective Administrative Districts in which they function.

The Office Assistants to Government Agents of Administrative Districts for the respective Administrative Districts of those Government Agents.

The Divisional Revenue Officers for their respective Divisions.

PERSONS WHO ARE UNOFFICIAL MAGISTRATES BY VIRTUE OF OFFICE

The Presidents of Rural Courts for the respective areas of jurisdiction of those Courts.

RULES AS TO INQUIRIES BY DISCIPLINARY COMMITTEES.

1. Every order under section 17a directing a preliminary inquiry to be held by a Disciplinary Committee shall, so soon as the committee is constituted, be transmitted to the president thereof, together with-

2. The matters mentioned in the petition or complaint referred to in paragraph (a) of rule 1, or in the statement referred to in paragraph (b) of that rule, shall be for the purposes of the succeeding rules the matters in issue in the inquiry by the Disciplinary Committee.

3.

4. Where any proctor whose conduct is the subject of any inquiry before the Disciplinary Committee fails to appear in person and is not represented as provided in section 16 of the Commissions of Inquiry Act, the inquiry may be held or continued in his absence.

5. The Disciplinary Committee may, in its discretion, hold the inquiry or hear the evidence of any person, in camera, and may for such purpose exclude the public or the press from the inquiry or any part thereof.

6.