Ordinance Nos,
12 of 1848
[1st January
, 1849
Short title

1. This Ordinance may be cited as the Legal Practitioners Ordinance.

Admission of advocates and proctors.

2. From and after the time when this Ordinance shall come into operation when any order shall have been duly made for the admission of any person to act as an advocate or a proctor in any court of Ceylon, the Registrar of the Supreme Court of Ceylon shall and he is hereby required at the time of such admission to issue and deliver to the person so admitted a writing under the hand of such Registrar and the seal of the said court, certifying the admission of such person as an advocate or a proctor as aforesaid, and specifying the court in which he has been admitted to act; and the several stamp duties specified in Part V of Schedule A of the Stamp Ordinance shall be payable on such admission :

Provided that where any person duly admitted a proctor in any court of Ceylon shall be afterwards admitted a proctor in any other court thereof, the latter admission shall be free of stamp duty ; and no person shall be entitled to act as an advocate or a proctor in any such court who has not obtained such written admission as aforesaid, anything in any enactment, or in any rule or order of the said Supreme Court, or any usage or custom in anywise to the contrary notwithstanding.

Certificates to be granted yearly to proctors.

3. It shall be the duty of the Registrar of the said Supreme Court, and of the several District Judges of the respective District Courts in Ceylon, and they are hereby required, to grant or issue to every person entitled to act as a proctor in any such court who shall apply for the same a certificate that such person is a proctor of such court, and duly authorized to practise as such therein ; and all such certificates shall be applied for and granted on or before the twenty-fifth day of March in every year, and shall be in force for one year and no longer, and the several stamp duties specified in Part V of Schedule A of the Stamp Ordinance shall be payable on such certificates :

Provided that if any proctor shall be entitled and shall intend to practise in courts situated at different places, he shall only be required to obtain one such stamped certificate yearly from the proper officer of any court in which he shall intend to practise; provided, however, that if different rates of stamp duty are chargeable on certificates issued to proctors practising at such places, the certificate so to be obtained shall be taken out in some court of the place where the highest amount of duty is chargeable.

On application for certificate a declaration to be made and entered in a book.

4. For the purpose of obtaining such certificate as aforesaid a declaration in writing, signed by such proctor or by his partner, containing his name and place of residence and the court or courts of which he is then admitted a proctor, together with the date of his admission as a proctor, shall be delivered to the said Registrar or District Judge, who shall cause all the particulars in such declaration to be entered in a proper book to be kept for that purpose, which shall be open to the inspection and examination of all persons without fee or reward; and the said Registrar or District Judge shall, as soon as conveniently may be after the delivery of such declaration (unless he shall see cause and have reason to believe that the party applying for such certificate is not upon the roll of proctors), deliver to the said proctor or his agent a certificate in the form in the Schedule, which shall bear such stamp as the same at the time of the granting thereof is hereby required to bear.

In case of neglect to obtain a stamped certificate within the prescribed time, application to be made to the Supreme Court or a Judge thereof.

5. If any proctor shall neglect to procure an annual stamped certificate authorizing him to practise as such within the time by this Ordinance appointed for that purpose, then and in such case the said Registrar or District Judge shall not afterwards grant a certificate to such proctor without the order of the Supreme Court, for a Judge thereof, authorizing such Registrar or “District Judge to issue such certificate ; and it shall be lawful for the said Supreme Court or Judge thereof to make such order upon such terms and conditions as they shall think fit.

Proctors practising without certificate incapable of recovering fees.

6. Any person who, as a proctor, after the twenty-fifth day of March next ensuing, shall sue, prosecute, defend, or carry on any action or suit, or any proceedings in any court, without having previously obtained such stamped certificate as aforesaid which shall be then in force, shall be incapable of obtaining any taxation of any bill of costs due to him, or of maintaining any action or suit for the recovery of any fee, reward, or disbursement for or in respect of any business, matter, or thing done by him as a proctor as aforesaid whilst he shall have been without such certificate as aforesaid, and shall also incur and be (liable to a fine not exceeding two hundred rupees.

On refusal to grant any certificate application to be made to the Supreme Court.

7. In case any such Registrar or District Judge shall decline to issue any such certificate as aforesaid the party so applying for the same shall and may apply to the Supreme Court, or to any Judge thereof, who are hereby respectively authorized to make such order in the matter as shall be just.

Chapter 104, Volume No. 5 Page No.3.