FISCALS

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

2. There shall be appointed [3] fit and proper persons to exercise the powers and perform the duties of Fiscals for the provinces into which Ceylon is now or may be hereafter divided, and Deputy Fiscals for each of the districts into which the several provinces may be subdivided. Notice of such appointments shall be published in the Gazette. [3] Each Deputy Fiscal shall within his own district exercise the powers and perform the duties hereinafter required to be exercised and performed by the Fiscal for the province:

Provided that the Fiscals and Deputy Fiscals heretofore appointed shall continue to act as such until any new appointment shall be made, [3] or until the warrant of deputation given to a Deputy Fiscal be withdrawn.

3. No person shall act as Deputy Fiscal without a warrant of deputation from the Fiscal substantially according to the form A in the Schedule, and it shall be lawful for the Fiscal to grant such warrants to persons other than those appointed [3] to act as Deputy Fiscals, and the last-mentioned persons holding such Warrant shall, subject to the directions of the Fiscal, have and exercise all the powers granted by this Ordinance to Deputy Fiscals. Every Fiscal granting a warrant of deputation shall, within three days after signing the same, send a copy thereof to the Supreme Court, and to every court having jurisdiction within such Deputy’s district or division. Like notice shall be given whenever any Fiscal shall revoke a warrant.

4. For the service and execution of processes issued by the courts in Ceylon the Fiscal shall license as many process servers for each district as shall appear to him to be necessary, and the licences to be issued by him shall be substantially in the form B to the Schedule. The Fiscal shall also have authority to revoke any licence granted by him whenever it shall appear to him necessary to do so:

Provided that it shall be lawful for the Fiscal or Deputy Fiscal to appoint, by writing under his hand, any person to execute process in any particular case.

5. Whenever satisfactory arrangements can for that purpose be made, it shall be lawful for the Fiscal (and not for any Deputy Fiscal), to divide each district into divisions, and to appoint a marshal for each division. Each marshal shall be answerable for the due and faithful execution and service of process within his division. The warrant appointing such marshals shall be substantially in the form C to the Schedule; and the Fiscal shall have authority to revoke any warrant granted by him whenever it shall appear to him necessary to do so. Notice of the appointment or of the removal of marshals shall be published in the Gazette, as also in the division, in such manner as to secure publicity thereto.

6. The Fiscal may require every marshal to give security by bond for the due performance of the duties entrusted to him, and all officers employed by him, in such sum as shall appear to the Fiscal to be necessary.

7. Every marshal may appoint an assistant under his hand, giving notice to the Fiscal of such appointment, and subject to the approval of the Fiscal. The marshal shall be civilly responsible for the acts and omissions of his assistant.

8. Every marshal shall nominate a sufficient number of process servers for his division, and it shall be incumbent on the Fiscal to issue his licence, under section 4, to the process servers so nominated:

Provided, however, that the marshal shall be civilly responsible for the acts and omissions of the process servers whom he shall nominate and employ.

9. [3] There may from time to time be appointed such clerks, superintendents of processes and other officers as may be necessary to assist the Fiscals and Deputy Fiscals in the exercise and execution of their respective powers and duties.

10. Whenever any court shall be required to issue any process or to cause any sentence to be executed against any Fiscal or Deputy Fiscal, or whenever it shall appear desirable to such court that, by reason of his near relationship to any of the parties to a suit, or for any other just cause, operating against such Fiscal or Deputy Fiscal personally, and not merely on the ground of convenience, he should not be required to serve or execute the same, it shall be lawful for the court to name and appoint some other fit person to serve, execute, and return the process, or to execute the sentence, and the same shall thereupon be directed to the person so named, the cause of such special proceeding being suggested and entered on the records of the said court, and being notified at the time to such Fiscal or Deputy Fiscal.

11. Whenever a marshal is appointed for any division, the process to be executed and served in such division may be transmitted to him by the Fiscal or Deputy Fiscal, and he shall be responsible for their due execution and service, of which he shall make due return through the Fiscal or Deputy Fiscal from whom he shall have received the process; and for this end he shall have all the powers and authorities created by this Ordinance and necessary for the execution and service of process and the performance of the duties entrusted to him.

12. All headmen shall, within their local limits, be authorized and required to execute the process which may be duly sent to them for execution, and in the execution thereof they and such subordinate officers as they may employ shall be maintained and protected by law as the officers of such Fiscal, although not holding any written deputation or warrant from him further than a copy authenticated by the signature of such Fiscal or Deputy Fiscal, of the process which such headmen shall and may be required to serve or execute.

13. Every return made by a Fiscal, Deputy Fiscal, or marshal to process issued under the provisions of the Criminal Procedure Code shall be duly verified by the oath or affirmation of the officer employed to execute the same; and for such purpose the Fiscal, Deputy Fiscal, or marshal is hereby authorized to administer such oath or affirmation.

14. Whenever the Fiscal or Deputy Fiscal shall have received security by way of indemnity, it shall be lawful for him to endorse the same to the party seeking to enforce the same or to take action thereunder, by an endorsement on a copy of the bond giving security, of the nature of the entry D in the Schedule; which said entry, though not stamped, shall be sufficient to convey to the person in whose favour the endorsement is made the right to sue on such bond, and to derive all benefit and advantage arising therefrom.

15. Whenever any bond, whether made before or after the enactment of this section, in pursuance of any written law, is expressed to have been made with the Fiscal of a province, or with any person in his capacity as such Fiscal, as party obligee, such bond shall be deemed to have been made with the Fiscal, for the time being of the province; and upon each occurrence of a change of Fiscal, the new Fiscal shall be deemed to take the place of, and to be substituted for, the Fiscal whom he succeeds, and shall become such party as fully and completely in all respects as if he were originally made such party on the occasion of the making of the bond.

16. If any question should hereafter arise relating to the matters which form the subject of this enactment, and not herein expressly provided for, the same shall be determined according to the rules of the Roman-Dutch law.

17. 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 to such construction:

” court ” shall include all Courts of Justice, and all persons and tribunals possessing judicial and magisterial authority in Ceylon;

” officers ” shall mean all persons employed to carry out the provisions of this Ordinance;

” process ” shall include all citations, monitions, summonses, mandates, subpoenas, notices, rules, orders, writs, warrants, and commands issued by a court;

” sentence ” shall include all decrees, judgments, or orders of a court.

A I, _____ , Fiscal for the_____ Province, do hereby nominate and depute_____ to be my deputy in the said office of Fiscal for the district of_____ during my pleasure. This_____ day of _____, 19__. Fiscal.

B I, _____ , Fiscal for the_____ Province, do hereby license_____ to act as Process Server for the district of_____ This _____day of _____, 19__. Fiscal.

C I, _____ , Fiscal for the_____ Province, do hereby appoint_____ to be Marshal for the division of (here describe same accurately), under the provisions of the Fiscals Ordinance, and authorize him to perform the duties and exercise the authority of Marshal, for which this shall be his warrant. This _____ day of _____ , 19__. Fiscal.

D I, _____ , the Fiscal (or Deputy Fiscal) for the _____, at the request of A. B., the (Plaintiff or Defendant) within named, hereby assign to him, the said A. B., the within bond, and all the benefit and advantage arising therefrom. This _____day of _____, 19-. Fiscal or Deputy Fiscal.