Gambar halaman
PDF
ePub

4. Mookhtears duly admitted and enrolled may, subject to the conditions of their certificates as to the class of Courts in which they are authorized to practise, appear and act in any Civil Court, and may appear, plead, and act in any Criminal Court within the same limits: provided that they shall not appear, plead, or act in the High Court.

5. All persons, who, on the 1st January, 1866, were Pleaders or were lawfully qualified to act as Pleaders in any Local Civil Court subordinate to the High Court, are qualified to be admitted and enrolled as Pleaders, subject to the provision of Act XX. of 1865. Such persons must make their applications for enrolment in the manner prescribed in Section 43 of the said Act.

QUALIFICATIONS FOR PLEADERS OF THE HIGHER GRADE.

6. Every person may be admitted as a Pleader of the higher grade who shall be qualified as hereinafter prescribed, thas is to say—

1st. If he shall have obtained the Degree of Bachelor in Law of one of the Universities of Calcutta, Madras, or Bombay, or shall be a Licentiate in Law of one of the said Universities: provided that his application for admission as a Pleader be made within three years from the time of his obtaining such Degree or License, or within such further time as the High Court shall for any special reason allow; or

2nd. If he shall satisfy the Court that he possesses a competent knowledge of the subjects mentioned in this clause by producing a certificate from the examiners hereinafter mentioned that he has passed an examination in the Regulations, Enactments, and Text Books set opposite to the respective subjects. Where two or more books are mentioned in the alternative, it shall be sufficient if the applicant pass in one of such books to be selected by himself.

Subjects.

1st. The law of property current in Bengal.

(a). With reference to the Permanent Settlement; to the
Government lien on land; to claims to hold land exempt
from the payment of Revenue; and to the mode in which
Estates can be brought to sale for arrears of Revenue.
(b). The law of under-tenures and the mode in which the same
can be brought to sale for arrears of rent.

(c). The relation of Landlord and Tenant.

(d). Mortgages: Registration of Assurances.

(e). The Hindoo Law of inheritance, succession, and adoption. (f). Mahomedan Law.

(g). The Indian Succession Act.

2nd.-Obligations arising from Contracts.
3rd.-Civil Procedure.

4th.-The Law of Evidence.

5th. The Law relating to Stamps.
6th.-The Law of Limitation.

7th.-Criminal Law and Procedure.

7. The examinations will be held before such persons as the Government of Bengal shall appoint to be examiners in pursuance of Section 6, Act XX, of 1865, according to such regulations as shall be made by the said Government for conducting such examinations.

8. The application to the High Court for admission shall be made. within three years from the time of the applicant's passing the examination, or within such further time as the Court shall for any special reason allow.

9. In order to qualify a person to present himself for the examination required by these rules for the higher grade

1st. He must hold a certificate of having passed the Entrance

Examination of the University of Calcutta, Madras, or Bombay, or shall satisfy the High Court that he has received a liberal education elsewhere than in India.

2nd. He must hold a certificate of having regularly attended a full course of Lectures in Law at one of the Colleges affiliated to the Calcutta University, or such Law Lectures elsewhere as shall be deemed by the High Court to be sufficient.

3rd. He must hold a satisfactory certificate of good moral character.

4th. He must be between the ages of 20 and 40 years, unless he shall have been admitted and shall have practised as a Pleader of the lower grade previously to his application to be admitted to the examination for the higher grade, in which case he may be admitted to that examination if he shall satisfy the Judge of the district in which he resides that up to the time of the application he has been acting as a Pleader of the lower grade, and shall produce a certificate from the Judge or Judges in whose Court he has been so practising, that in his or their judgment he is a proper person to be admitted to examination for the higher grade.

10. Any person who, on the 1st January, 1866, was practising as a Pleader of the lower grade, may present himself at the first examination for a pleadership of the higher grade, which may take place after the expiration of six months from the publication of these rules in the

b

Calcutta Gazette, without having the qualifications required by Clauses i and 2 of Rule 9.

11. Every candidate for examination for the higher grade shall, six weeks at least before the day fixed for the examination, give notice to the Judge of the district in which he resides of his intention to present himself at the ensuing examination, and he shall establish to the satisfaction of the Judge that he possesses the qualifications declared by Rules 9 and 10 to be necessary for such candidates.

12. The Judge, if satisfied that the candidate possesses such qualifications, shall thereupon enter his name, the name of his father, his place of residence, and his age, in a register, with a certificate to the effect that the Judge has been satisfied that he possesses the necessary qualifications, and shall furnish the candidate with a copy of, or an extract from, the said register.

13. Before the date of examination, every candidate for the higher grade shall pay a fee of Rupees 20 into the Government Treasury of the District. The candidate shall at the same time present to the Collector the copy of the register furnished to him under Rule 12, and the Collector's receipt for the fee shall be endorsed thereon. Every candidate for examination shall produce to the examiners the copy of the register granted to him by the Judge, with the Collector's receipt endorsed thereon.

14. Candidates residing in Calcutta shall give the notice required by Rule 11, and make the payment required by Rule 13 to the Judge and Collector, respectively, of the 24 Pergunnahs.

15. Any person who shall pass the examination as a Pleader of the higher grade, and who shall desire to be admitted, shall pay into the Government Treasury of the District in which he shall intend to practise Rupees 20, and shall, on presentation of the certificate of the Examiners' and Collector's receipt for the said sum of Rupees 20, be entitled to apply to the High Court for admission and enrolment.

16. The application, together with the certificate and receipt required by Rule 15, shall be presented to the Judge of the District in which the applicant intends ordinarily to practise, and shall be forwarded by the Judge to the Registrar of the High Court with such remarks as he may think fit to make thereon.

17. Upon the applicant's being admitted and enrolled by the High Court, a certificate to that effect shall be forwarded by the Registrar of the High Court to the Judge of the District, who, upon the applicant's delivering and leaving with him a declaration in writing signed by the said applicant in conformity with the recital in the form of certificate. given in the 2nd Schedule to Act XX of 1865, shall grant him a certificate as required by the said Act.

QUALIFICATIONS FOR PLEADERS OF THE LOWER Grade.

18. Every person may be admitted as a Pleader of the lower grade who shall satisfy the Court that he possesses a competent knowledge of the subjects mentioned in this clause, by producing a certificate from the examiners hereinafter mentioned that he has passed an examination in Regulations, Enactments, and Text Books set opposite to the respective subjects:

1st.-Hindoo Law.

2nd.-Mahomedan Law.

3rd.-Law of Contracts.

Subjects

4th. The law of property current in Bengal with reference to the Permanent Settlement; to the Government lien on land; to claim to hold lands exempt from the payment of Government Revenue; and to the mode in which Estates can be brought to sale for arrears of Revenue.

5th. The relation of Landlord and Tenant.

6th.-The Law relating to Putnee Talooks.
7th.-The Law of Limitation.

8th. The Law relating to Stamps.

9th. Civil Procedure, including the Small Cause Court Act.
10th. The Law of Evidence.

11th.-Criminal Law and Procedure.

19. The examination will be held before such persons as the Government of Bengal shall appoint to be examiners in pursuance of Section 6, Act XX of 1865, and according to such Regulations as shall be made by the said Government for conducting such examinations.

20. The application to the High Court for admission shall be made within three years from the time of the applicant's passing the examination, or within such further time as the Court shall for any special reason allow.

21. In order to qualify a person to present himself for examination for the lower grade—

1st. He must hold a certificate of having passed the Entrance Examination of the University of Calcutta, Madras, or Bombay, or a certificate of having passed the examination for a Government Vernacular Scholarship, or minor scholarship.

2nd. He must hold a satisfactory certificate of good moral character.

3rd. He must be between the ages of 20 and 35 years.

22. Every candidate for examination for the lower grade shall, six weeks at least before the day fixed for the examination, give notice to the Judge of the District in which he resides of his intention to present himself at the ensuing examination, and shall establish to the satisfaction of such Judge that he possesses the qualifications declared by Rule 21 to be necessary for such candidates.

23. The Judge, if satisfied that the candidate possesses such qualifications, shall thereupon enter his name, the name of his father, his place of residence, and his age, in a register, with a certificate to the effect that the Judge has been satisfied that he possesses the necessary qualifications, and shall furnish the candidate with a copy of, or an extract from, the said register.

24. Before the date of examination, every candidate for the lower grade shall pay a fee of Rupees 10 into the Government Treasury of the District. The candidate shall at the same time present to the Collector the copy of the register furnished to him under Rule 23, and the Collector's receipt for the fee shall be endorsed thereon. Every candidate for examination shall produce to the examiners the copy of the register granted to him by the Judge, with the Collector's receipt endorsed thereon.

25. Candidates residing in Calcutta shall give the notice required by Rule 22, and make the payment prescribed by Rule 24 to the Judge and Collector, respectively, of the 24-Pergunnahs.

26. Any person who shall have passed for the lower grade under the preceding Rules, and who shall desire to be admitted, shall pay into the Government Treasury of the District in which he shall intend to practise Rupees 10, and shall, on presentation of the examiner's certificate and of the Collector's receipt for the said sum of Rupees 10, be entitled to apply to the High Court for admission and enrolment.

27. The application, together with the certificate and receipt mentioned in Rule 26, shall be presented to the Judge of the District in which the applicant intends ordinarily to practise, and shall be forwarded by him to the Registrar of the High Court with any remarks which he may think fit to make thereon.

28. Upon the applicant's being admitted and enrolled by the High Court a certificate to that effect shall be forwarded by the Registrar of the High Court to the Judge of the District, who, upon the applicant's delivering and leaving with him a declaration in writing signed by the said applicant in conformity with the recital in the form of certificate given in the 2nd Schedule to Act XX of 1865, shall grant him a certificate as required by the said Act.

« SebelumnyaLanjutkan »