Ordinances, with orders in council, rules, and regulations.

MISSING IMAGE

Material Information

Title:
Ordinances, with orders in council, rules, and regulations.
Uniform Title:
Saint Lucia. Ordinances
Physical Description:
1902- ; 33 cm.
Language:
English
Creator:
Saint Lucia
Publisher:
G. P. O.
Place of Publication:
Castries
Publication Date:

Subjects

Subjects / Keywords:
Law -- Saint Lucia   ( lcsh )
Genre:
serial   ( sobekcm )
Spatial Coverage:
Caribbean

Notes

Funding:
Support for the development of the technical infrastructure and partner training provided by the United States Department of Education TICFIA program.

Record Information

Source Institution:
FIU: College of Law
Holding Location:
FIU: College of Law
Rights Management:
All rights reserved by the source institution.
Resource Identifier:
oclc - 18446808
System ID:
AA00000353:00029

Full Text









Legal Practitionere Ordinanoe, 1916.


I assent.
G. B. HAoDnON-SnIrTH,
Governor.
28th December, 1915.


SAI T LUtilA.

AN ORDINANCE to consolidate
to legal practitioners.


No. 80 of 1915.

and amend the law relating


t 29th December, 1915. ]

B it enacted by the Governor, with the advice and cbnoent
of the Legislative Council of Saint Lucia, as follows i-


No. 30.]


[1915,


i i ...
F-l
?. a /
; i :










152


Legal Practitioners Ordinance, 1915.


Short title.




Admission.


Attorney-General.



Local qualifications.













Rights of barrister..


1. This Ordinance may be cited as the Legal Practitioners
Ordinance, 1915.

PART I.
Barristers of the Royal Court.
2. The Court may admit, as barristers of the Royal Court,
(1) Any English or Irish barrister-at-law, or any Scotch
advocate;
(2) Any barrister or advocate of any of the Superior Courts
of any British Possession where similar privileges are
accorded to barristers of the Royal Court;
(3) Any solicitor or writer of any of the Superior Courts of
the United Kingdom;
(4) Any person who, being of full age and otherwise quali-
fied, shall have passed a satisfactory examination in the
Civil and Criminal Law and Procedure of the Colony.

3. Every person holding the office of Attorney-General shall,
so long as he continues to hold such office, be deemed to be
ex officio a barrister of the Royal Court.

4. Every person desirous of being admitted under section 2,
subsection (4), hereof shall make a request for examination to
the Registrar, paying the fee prescribed therefore, and shall
at the same time produce satisfactory evidence,-
(1) that he has served for four years continuously in the
chambers of a practising barrister, and has throughout that time
borne a good character; and
(2) that he has passed one of the following examinations,
that is to say,-
(a) the Matriculation Examination of the University of
London;
(b) the Cambridge Senior Local Examination; or
(c) any examination prescribed as qualifying for admission
to the Inns of Court.

5. (1) Every barrister of the Royal Court shall have a right
of audience in all the Courts of Justice in this Colony: Provided
that counsel appearing before the Royal Court, or Court of
Appeal, have no right of audience, unless they are clad in dark
clothes and wear the robes and bands proper to their calling;
(2) Every barrister of the Royal Court shall be entitled to
practice as a solicitor and notary in the Colony.


No. 30.]


[1915.










153


No. 30.]


Legal Practitioner8 Ordinance, 1915.


[1915.


6. Every person shall, on being admitted to practise as a Deoaration of bar-
barrister, take and subscribe before the Court the following rieter on admiion.
declaration:-
I do sincerely declare that I will
truly and honestly demean myself in the practice of a barrister,
according to the best of my knowledge and ability.
Dated this day of 1

PART II.
Notaries Royal.
7. (1) The Judge may admit to practise as a notary in this Admission of
Colony any person, being of full age and of good character and notMW.
conduct, who has served four years continuously in the office of
a practising notary in this Colony, and who has passed such
examination in the duties and practice of a notary before such
persons and in such manner as the Judge may from time to time
prescribe and appoint.
(2) Every person shall, on being admitted to practise as a
notary, take and subscribe, mutatis mutandis, the declaration
contained in the last preceding section.


8. There shall be kept at the office of the Registrar a list
containing the names and addresses of notaries, and indicating
with whom the deeds of former notaries have been deposited.

9. (1) Any notary may, by deed made during his lifetime, or
by his last will, transfer or transmit to any other notary
approved by the Judge all original deeds executed before him,
or which are in his custody or possession;
(2) Where any notary becomes incapacitated, the Judge may
direct that the original deeds in his possession be deposited in
the Office of the Registrar, or may make such further or other
order respecting the disposal thereof as may be for the benefit
of the notary in whose custody they are;
(3) Where any notary is suspended or removed from office, the
original deeds in his possession shall, unless otherwise ordered,
be deposited in the Office of the Registrar.

10. (1) Where any notary dies without having disposed of his
original deeds, or where for any reason such disposition has
become inoperative, the Judge shall appoint some other notary
to act as curator of such deeds, until their disposition can be
finally effected.


Register of notaries.



Disposal of original
deeds.











Disposal of original
deeds of deoeased
notary.









154


No. 30.] Legal Practitionere Ordinance, 1915.


[1915.


(2) Thereupon the heirs or legal representatives of such
deceased notary may sell or otherwise dispose of and deliver to
any notary, approved by the Judge, all the original deeds executed
before such notary, or which were in the custody or possession
of such notary at the time of his death; and in such case such
deeds shall become the property of the notary to whom they are
so sold or disposed of and delivered.
(3) If such deeds are not so sold or disposed of and delivered
within a period of six months from the death of the deceased
notary the said heirs or legal representatives shall forthwith
deposit all such deeds in the office of the Registrar, unless the
Judge otherwise orders.
(4) If the heirs or representatives of any deceased notary fail
to deposit the deeds of such deceased notary in the office of the
Registrar in accordance with the provisions of the last preceding
sub-section, they shall be guilty of an offence against this
Ordinance.


Proportion of fees.







Temporary absence
of notary.



Failure to provide
for custody of deeds.



Certifying of copies
of deeds executed
before other notary.


11. Where original deeds have been deposited at the office of
the Registrar under the provisions of this Part of this Ordinance,
one-half of the fees payable in respect of copies of such deeds
shall, unless otherwise ordered, be paid to or for the benefit of
the notary to whom they belong, or the legal representatives of
the deceased notary in whose custody they were, as the case
may be.

12. Where any notary is desirous of absenting himself tem-
porarily from the performance of his duties, he shall delegate
the performance of such duties to some other notary approved
by the Judge.

13. Any notary who leaves the Colony, without making
proper provision for the custody of his deeds and the perfor-
mance of his duties, shall be guilty of an offence against this
Ordinance.

14. Any notary who has the custody or possession of any
original deeds or minutes executed before or deposited with any
former notary shall be deemed the lawful custodian thereof and
shall have the same power and authority to certify any copy of
or extract from such deeds or minutes as the notary before
whom the same were executed or with whom the same were
deposited, and the Registrar shall also have the like power
in the like case.









155


No. 30.] Legal Practitioners Ordinance, 1915.


15. Where a notary dies or becomes for any reason unable to
perform the duties of his office, and leaves any notarial work
commenced but not completed, such work may be continued and
completed by any other notary, approved by the Judge, in the
same manner as it might have been continued and completed by
'such first-mentioned notary.


Completion of wor
left undone by
deceased or ineapa-
citated notary.


16. The Chief Justice may, with the assent of the Governor, Regulations.
make such regulations in respect of the duties and remunera-
tions of notaries as he may be advised, and such regulations
shall, after their approval by the Legislative Council and upon
their publication in the Gazette, have the force of law.

PART III.


Judicial powers as to admission and discipline.
17. (1) Every application to be admitted to practise as a
Barrister or Notary shall be made by petition to the Court.
(2) If the prayer of the petition is granted, the Registrar
shall enrol, in a book to be kept for that purpose, the name
of the person so admitted, together with the date of his
admission.
(3) Every such person shall be entitled to a certificate of
enrollment under the Seal of the Court, and such certificate shall
be evidence, in all Courts and for all other purposes whatsoever,
of the right of such person to practise accordingly.
(4) Save as herein provided, no person whose name is not so
enrolled shall be entitled to practise as a barrister, solicitor.
or notary in this Colony.

18. (1) The Court may, for reasonable cause and after allow-
ing full opportunity of explanation, refuse to admit any person
applying to be admitted to practise as a barrister or notary
in this Colony, notwithstanding that he may have any of the
qualifications hereinbefore mentioned.
(2) The Court may, for reasonable cause and after allowing
full opportunity of defence, suspend any barrister or notary
from practising in this Colony during any specified period, or
may prohibit him altogether from so practising and order his
name to be struck off the roll.
(3) In every proceeding under this section, a minute of the
order of the Court shall be made to record its decision, and
an appeal shall lie against such decision to the Court of Appeal.


Enrolment of per-
son admitted to
practise a Barris-
ter, etc.











Refusal to admit,
suspension, etc.


[1915.









156


Legal .Practitioner8 Ordinance, 1915.


Summar7 power. of
Court.


Unqualified person
acting as legal prac-
titioner.









Penalty for offences.






Services of clerks to
be under articles.







Fees.


19. (1) Where any question arises, or complaint is made, with
reference to the powers, duties, rights, or obligations, of a legal
practitioner, the Court or Judge shall decide such question or
investigate such complaint in a summary manner, and shall
make such order, including directions for the payment of money
unlawfully withheld, or for the payment of costs in respect of a
complaint unjustifiably made, as justice may require;
(2) Disobedience to any such order on the part of a legal
practitioner shall be punishable as contempt.


Offences, articled clerks and fees.
20. Every person who, not being duly qualified as a barrister,
solicitor, or notary, or otherwise lawfully authorised,-
(1) Either directly or indirectly for or in expectation of any
fee, gain, or reward, draws or prepares any legal or notarial
document; or
(2) Receives any fee, gain, or reward for drawing or preparing
any such document; or
(3) In any other manner or way assumes to practise as a
barrister, solicitor, or notary, shall be guilty of an offence
against this Ordinance.

21. Any person who shall be guilty of an offence against this
Ordinance, or against any regulation made under this Ordinance,
shall be liable, on summary conviction at the instance of the
Attorney-General, to a penalty of twenty pounds, or, where the
offence is a continuing offence, to a penalty of twenty pounds
for every month during which the offence continues.

22. (1) The services of any person as clerk to a legal practi-
tioner shall be evidenced by articles of agreement.
(2) Such articles may, with the approval of the Judge, be
transferred to any other legal practitioner.
(3) Such articles, and every transfer thereof, shall be recorded
in the office of the Registrar, and shall have effect from the date
of registration.

23. (1) The fees specified in the Schedule hereto shall be paid
into the Treasury for the use of the Colony;
(2) The Treasurer shall, on the certificate of the Chief Justice,
pay any examiners' fees not exceeding the amount paid on
request for examination by the candidate or candidates;


No. 30.]


[1916.











157


No. 30.]


Legal Practitioners Ordinance, 1915.


[1915.


(3) Where the examination is partly conducted out of the
Colony, it shall be lawful for the Governor to direct the pay-
ment, out. of the General Revenue of the Colony, of such
amount as shall have been previously sanctioned for the costs
and expenses of such part of the examination.

Repeal.
24. The following Ordinances are hereby repealed:-
The Legal Practitioners Ordinance, 1888.
The Legal Practitioners Ordinance, 1888, Amendment
Ordinance, 1898.
The Legal Practitioners Ordinance, 1888, Amendment
Ordinance, 1911.


THE SCHEDULE.


Table of Fees.


On request for examination for the degree of barrister
On admission as barrister
On request for examination for the office of notary
On admission as notary


Passed the Legislative Council this 14th day of December, 1915.

B. P. E. BULSTRODE,
Clerk of Councils.

1915-1896.

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
CASTRIES, ST. LUCIA.


Repeal.