SCHEDULE I. either on his own personal knowledge or from information which he believes to be true. Ord. 6. No extraneous matter. Grounds of belief to be stated. Informant to be named. Regulations in taking Affidavits. To be pro- Description of In First Erasures, &c., to be attested. If improperly written. Witness to Form of Date and In presence of Marksmen. Joint 24. It shall not contain extraneous matter, by way of objection or prayer or legal argument or conclusion. 25. When a witness deposes to his belief in any matter of fact, and his belief is derived from any source other than his own personal knowledge, he shall set forth explicitly the facts and circumstances forming the ground of his belief. 26. When his belief is derived from information received from another person, the name of his informant shall be stated, and reasonable particulars shall be given respecting the informant, and the time, place, and circumstances of the information. 27. The following Regulations shall be observed by Commissioners and others before whom Affidavits are taken :: (a) Every Affidavit taken in a cause or matter shall be headed in the Court and in the cause or matter. (b) It shall state the full name, trade or profession, residence, and nationality of the Witness. (c) It shall be in the first person, and divided into convenient paragraphs, numbered consecutively. (d) Any erasure, interlineation, or alteration made before the Affidavit is sworn, shall be attested by the Commissioner, who shall affix his signature or initials in the margin immediately opposite to the interlineation, alteration, or erasure. (e) Where an affidavit proposed to be sworn is illegible or difficult to read, or is in the judgment of the Commissioner so written as to facilitate fraudulent alteration, he may refuse to swear the Witness, and require the Affidavit. to be re-written in an unobjectionable manner. (f) The Affidavit when sworn shall be signed by the Witness (or, if he cannot write, marked by him with his Mark) in the presence of the Commissioner. (g) The Jurat shall be written without interlineation, alteration, or erasure immediately at the foot of the Affidavit, and towards the left side of the paper, and shall be signed by the Commissioner. It shall state the date of the swearing and the place where it is sworn. It shall state that the Affidavit was sworn before the Commissioner or other Officer taking the same. Where the Witness is illiterate or blind it shall state the fact, and that the Affidavit was read over (or translated into his own language in the case of a Witness not having sufficient knowledge of English), and that the Witness appeared to understand it. Where the Witness makes a mark instead of signing, the Jurat shall state that fact, and that the mark was made in the presence of the Commissioner. Where two or more persons join in making an Affidavit their several names shall be written in the Jurat, and it Ords. 6-7. shall appear by the Jurat that each of them has been SCHEDULE I. altered to be re-sworn. New Jurat. (h) The Commissioner shall not allow an Affidavit, when sworn, If Affidavit (j) He Affidavit. (k) The Commissioner may take without oath the declaration of Declarations any person affirming that the taking of any oath whatso- without Oath. ever is according to his religious belief unlawful, or who by reason of immature age or want of religious belief The Commissioner shall record in the attestation the reason of such 5. Objections to Evidence. 28. In every case, civil or criminal, and at every stage thereof, When to be any objection to the reception of evidence by a party affected made. thereby shall be made at the time the evidence is offered. Provided that an Appeal Court may in its discretion entertain Proviso as to any objection to evidence received in the Court below, though not Appeal objected to at the time when it was tendered. Courts. 29. Where a question proposed to be put to a witness is objected Where to, the Court, unless the objection appears frivolous, shall, if required Question by either party, take a note of the question and objection, and mention objected to. on the Notes whether the question was allowed to be put or not, and the answer to it, if put. 30. Where a document is produced and tendered in evidence, and Documents rejected by the Court, the document shall be marked by the Court tendered in as having been so tendered and rejected. ORDER VII. Evidence and rejected to be marked. cluded in Costs. 1. Under the denomination of Costs are included the whole of What inthe expenses necessarily incurred by either party on account of any cause or matter, and in enforcing the decree or order made therein, such as the expenses of summoning and of the attendance of the parties and witnesses, and of procuring copies of documents, the Fees of Court, or the remuneration of Referees. determined. 2. All questions relating to the amount of Costs shall, unless How amount summarily determined by the Court, be referred to the Taxing of Costs Officer and be ascertained by him, subject to the approval of the Court, without which approval no Taxed Bill of Costs shall constitute an enforceable demand. The Court may review any S.N.-VOL. I. E SCHEDULE I. taxation of Costs, although the Officer's taxation may have been Ords. 7-8. Costs in discretion of Court. Security for Proceedings may be stayed pending Payment of Costs or Security therefor. Costs may be paid out of fund in Suit. Discretion of Taxing Master. Taxation. Costs of approved by the Court. This Rule shall not apply to the recovery of their costs by persons. enrolled as practitioners in the Supreme Court. 3. In every Civil case the Costs of every suit or matter, and of each particular proceeding therein, shall be in the discretion of the Court; and the Court shall have full power to award, and apportion Costs, in any manner it may deem just, and in the absence of any express direction by the Court, Costs shall abide the event of the suit or proceeding. The Court shall not order the successful party in a suit to pay to the unsuccessful party the Costs of the whole suit; although the Court may order the successful party, notwithstanding his success in the suit, to pay the costs of any particular proceeding therein. 4. In every Civil Case the Court may, either of its own motion or on the application of any Defendant, if it sees fit, require any Plaintiff to any suit, either at the commencement or at any time during the progress thereof, to give security for Costs to the satisfaction of the Court, by deposit or otherwise, or to give further or better security, and may require any Defendant to give security, or further or better security, for the Costs of any particular proceeding undertaken in his interest. 5. Where the Court orders Costs to be paid, or security to be given for Costs by any party, the Court may, if it thinks fit, order all proceedings by or on behalf of that party in the same suit or proceeding, or connected therewith, to be stayed until the Costs are paid or security given accordingly, but such Order shall not supersede the use of any other lawful method of enforcing payment. 6. The Court may order any Costs to be paid out of any fund or property to which a suit or matter relates. 7. Upon any taxation of Costs the Taxing Officer may in determining the remuneration to be allowed have regard, subject to any Rule of Court, to the skill, labour, and responsibility incurred. 8. In taxation of Costs between Party and Party, nothing shall be allowed in respect of fees paid to the Court beyond what was necessary having regard to the amount recovered on judgment. 9. If upon the taxation of any Bill of Costs more than one-sixth is deducted from the amount claimed no Costs shall be allowed on account of taxation. Admission by ORDER VIII. BARRISTERS, SOLICITORS, AND PROCTORS. 1. Admission. The following Rules shall apply to the admission of persons to act in the capacity of Barristers, Solicitors, and Proctors, under the Eighty-seventh Section of the Ordinance : 1. The admission shall be by Licence, which shall entitle the party to enrolment, for six months, as a Solicitor, in virtue of which Ord. 8. enrolment he may, during its continuance and subject as in this SCHEDULE I. Order, appear and act in the capacity of a Barrister, Solicitor, and Proctor. The Licence may be renewed before or on the expiration of the six months for a further period of six months, and so on successively, on the expiration of every period of six months. Certificate of 2. Every Applicant for a Licence must in his application state Form of the place of his birth and education, the nature of the education he Application. has received, and his previous occupation or occupations; and along Fitness. with the application he must produce a Certificate, signed by a Judge of the Court, or by two District Commissioners, to the effect that he or they personally know the Applicant, and that he is to the best of his or their belief a person of good moral character, and a fit and proper person to be enrolled as a Solicitor or Barrister and Solicitor in the Court. 3. The Oath of Office, which Applicants shall be required to take Oath of Office. previous to their admission, shall be in the following form : "I, A. B., do swear that I will truly and honestly demean "myself in the employment of a Barrister, Solicitor, and 4. Every Applicant shall, previous to admission, submit to an Examination. Examination for testing his general education and knowledge, as well as his knowledge of the Principles and Practice of the Law of England and of the Colony, unless the Chief Justice shall see fit in any case to dispense with such examination or part of it. The examination shall be had before such persons as the Chief Justice shall direct. 2. Employment of Barristers, Solicitors and Proctors. The following Rules shall apply to all Barristers, Solicitors, and Proctors, under whatsoever qualification they may have been admitted: of Practi 5. In civil causes the employment of a Barrister, Solicitor, or Employment Proctor shall be subject to the approval of the Court, which may tioners subject disallow such employment in causes which it considers may more to approval of advantageously be conducted by the litigants in person. Court. 6. Every Barrister, Solicitor, or Proctor who shall be engaged Practitioners in any cause, shall be bound to conduct the same on behalf of the to conduct Cause up to Plaintiff or Defendant, as the case may be, for whom he shall have Final Judg been so engaged, until final judgment, unless allowed by the Court ment. for any special reason to cease from acting therein; but he shall not be bound, except under express agreement, or unless re-engaged, to take any proceedings in relation to any Appeal from such judgment. 7. Where it shall appear to the Court that any cause has been Liability to commenced or carried on maliciously or without probable grounds, pay Costs. and the party by or on whose behalf such cause has been so commenced or carried on has been represented therein by a Barrister, Solicitor, or Proctor, or if it shall appear that any Barrister, Solicitor, or Proctor has by any sort of deceit induced his Client to Ord. 8. SCHEDULE I. enter into or continue any litigation, every such Barrister, Solicitor, or Proctor shall, on failure of his Client to pay any Costs which he may be ordered to pay, be liable to pay the amount thereof to the party to whom Costs are given. Such failure shall be deemed to have taken place if the Client shall have refused or neglected to make payment after a demand has been made on him, although no process of execution may have been used against him. Restriction as to Costs where Parrister or engaged only on one side of a Cause. Costs recoverable. Practitioners This rule shall not be construed to restrict the liability of any Barrister, Solicitor, or Proctor in respect of the above-mentioned or any other misconduct for which he would otherwise be punishable. 8. Whenever in any cause a Barrister or Solicitor shall be engaged only on one side, if the party not so represented shall be unsuccessful, and Costs be given against him, the successful party shall only be entitled to recover such costs as between party and party as would have been recoverable by him if he had not employed a Barrister or Solicitor, unless the Court shall certify (for reasons stated on the Minutes) that he ought also to recover Barrister's and Solicitor's costs. 9. No Barrister, Solicitor or Proctor shall be entitled to recover any costs in respect of any proceedings beyond the amount applicable to such proceedings which may be allowed by the authorised Scale of Fees, or in matters not therein included, which the Court may allow on taxation, having regard to the skill, labour and responsibility involved. 10. No Barrister, Solicitor or Proctor shall, unless by special not to receive leave of the Court, receive payment of any debt or any property or discharge recovered in a suit, and any receipt for, or discharge of such debt or property granted by any such Practitioner, otherwise than by authority of the Court, shall be void. Debts recovered in Suits. Tables of Fees 11. Every Barrister, Solicitor and Proctor shall exhibit in a conand Rules of spicuous place in the office or place in which he receives or transacts business with his Clients, such copies of Tables of Fees and Rules of Court as the Court may at any time direct to be so exhibited. Court to be exhibited. Agreements inconsistent with Rules to be void: Penalty. Bill of Costs to be sent before Suit. 12. Any agreement intended to secure to a Barrister, Solicitor or Proctor, any remuneration, or to constitute any conditions of his employment other than authorised by this and the following Order, shall be null and void, and if a Practitioner enters into any such agreement, or receives any larger amount than authorised, either directly or indirectly, through any other person, for his use or benefit, he shall refund the whole amount of the overcharge, and shall be liable for a first offence to a fine, which may extend to double the amount of the overcharge or to twenty pounds, and for a subsequent offence to be suspended for such time as the Court thinks fit, or to have his name struck off the Roll. ORDER IX.-RECOVERY OF COSTS BY LEGAL PRACTITIONERS. 1. No practitioner shall commence any suit for the recovery of any fees, charges, or disbursements for, or on account of, any business done by him until the expiration of one month after he |