III.-ON APPEALS.

ON APPEALS FROM ANY COURT WITHIN THE PROTECTORATE TO ANY OTHER COURT WITHIN THE PROTECTORATE.

65. On record of appeal (including expenses of transmission). Such sum as the

In Criminal Matters.

Court directs.

Rs. a. p.

66. On the appeal

IV.-ON ADMISSION OF LEGAL PRACTITIONERS.

67. On certificate of admission to practice in the Protectorate

10 0 0

69. On the registration of any document not otherwise charged, the
registration of which is compulsory-

For the first 100 words or part thereof, where the value
of the property conveyed or affected is less than 100

Ditto, where the value of the property conveyed or affected
is 100 rupees or over

For every further 100 words or part thereof

300

70. On the registration of Vakallas, the registration of which is

compulsory

71. On the registration of any documents not otherwise charged, registration of which is optional

For the first 100 words or part thereof

For every further 100 words or part thereof

Amount.

Rs. a. p.

72. For the translation of a document not written in English, Arabic, Kiswahili, or Gujarati

For the first 100 words or part thereof

For every further 100 words or part thereof

73. On the registration of promissory notes, receipts, or acknowledgments

On the value expressed per cent., such charge not to be

less than 1 rupee or more than 5 rupees

74. On search

For specified deed

800 400

080

For general search

..

5 rupees for each year searched, not exceeding 50 rupees.

Rs. a. p.

75. For copies-

Certified

For first 100 words or part thereof ..

For further 100 words or part thereof

Of plan, such sun as the Registrar may direct but in

For first 100 words or part thereof ..

For further 100 words or part thereof

Of plan, such sum as the Registrar may direct, but in
ordinary cases

76. For attending to take an oath, affirmation, or statement beyond the Registration Offices

And, in addition, for any distance beyond 1 mile the
expenses incurred.

RULES relative to Legal Practitioners in the British East Africa Protectorate.-Mombasa, April 25, 1901.

Notice.

THE following Rules made by the Protectorate Court, with the approval of the Secretary of State and of the Court for Zanzibar, are published for general information.

Mombasa, April 25, 1901.

R. W. HAMILTON, Acting Judge of His Majesty's
Court for the East Africa Protectorate.

Rules under Article 44 of" The East Africa Order in Council,

[No. 8 of 1901.]

1897."*

Legal Practioners.

1. THE following persons shall be entitled to practise before the Protectorate Court of the East Africa Protectorate, or any of the Courts subordinate thereto, upon the terms and subject to the conditions hereinafter contained :

(1.) Members of the Bar of England, Scotland, or Ireland (hereinafter referred to as barristers).

(2.) Solicitors of the Supreme Court in England or Ireland, Writers to the Signet, and solicitors in the Supreme Courts in Scotland (hereinafter referred to as solicitors).

(3.) Pleaders who have been admitted to practise before one of the High Courts in India.

(4.) Native vakeels as hereinafter provided.

2. Any barrister, solicitor, or pleader upon producing to the Protectorate Judge satisfactory proof of his qualification and such testimonials as to character as the Judge shall deem satisfactory, and upon payment of the prescribed fee, and upon signing the roll of the Protectorate Court, shall be admitted to practise in the Protectorate Court and the Courts subordinate thereto. Such barrister, solicitor, or pleader will thereupon become and be styled a pleader of the Protectorate Court (hereinafter referred to as a pleader), and shall continue to be a pleader so long as he takes out the annual certificate to practise hereinafter referred to, and is not struck off the roll as hereinafter mentioned.

* Vol. LXXXIX, page 357.

3. Barristers, solicitors, and pleaders of a High Court in India will take precedence in the order named and as between themselves according to the date of their signing the roll of the Protectorate Court: Provided always that any pleader appointed to represent His Majesty or the Protectorate Government, under whatever designation, shall take precedence of all other pleaders.

4. If, in the opinion of the Protectorate Judge, the number of pleaders is insufficient for the public requirements in any Court, he may, in his discretion, admit other persons of good character and sufficient capability to practise in that Court, but such persons shall only be licensed to practise during the pleasure of the Protectorate Judge.

5. In any proceedings in the Protectorate Court or any of the Courts subordinate thereto, native vakeels shall be entitled to represent natives upon similar conditions to those provided by the Native Courts Practitioners Rules for the time being in force.

6. The Protectorate Judge may, after such inquiry as he thinks fit, suspend or dismiss any pleader for any of the following causes:(1.) If he takes instructions in any case except from the party on whose behalf he is retained, or some person who is the recognized agent of such party, within the meaning of the Indian Civil Procedure Code, or some servant, relation, or friend authorized by the party to give such instructions.

(2.) If he is guilty of fraudulent or improper conduct in the discharge of his professional duty, or misleads, or allows the Court to be misled, so that the Court makes an order which he knows to be wrong or improper.

(3.) If he tenders, gives, or consents to the retention out of any fee paid or payable to him for his services of any gratification for procuring or having procured the employment in any legal business of himself or any other pleader.

(4.) If he directly or indirectly procures, or attempts to procure, the employment of himself as such pleader, through or by the intervention of any person to whom any remuneration for obtaining such employment has been given by him, or agreed or promised to be so given.

(5.) If he accepts any employment in any legal business through a person who has been proclaimed as a tout, as hereinafter mentioned.

(6.) If he is otherwise guilty of unprofessional conduct.

7. In the event of any pleader being suspended or dismissed under the last-mentioned Rule, he shall be at liberty to appeal to the High Court at Zanzibar against the order of suspension or dismissal; but pending the hearing of his appeal he shall not be entitled to practise in the Protectorate: Provided always that nothing in this

Rule shall be held to deprive any pleaders of the ultimate right of appeal to the Secretary of State provided for by Article 44 of "The East Africa Order in Council, 1897."

8. "Tout" means a person who procures employment in any legal business of any legal practitioner in consideration of any remuneration moving from such practitioner, or proposes to a legal practitioner to procure his employment in any legal business in consideration of such remuneration.

9.-(1.) The Protectorate Judge and any subordinate Judge, or class of Judges, authorized by the Protectorate Judge may frame and publish lists of persons proved to his or their satisfaction by evidence of general repute or otherwise habitually to act as touts, and may from time to time alter and amend such lists.

(2.) No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.

(3.) A copy of every such list shall be kept hung up in every Court to which the same relates.

(4.) The Judge may by general or special order exclude from the precincts of his Court, or of any Court subordinate to himself, any person whose name is included in any such list.

(5.) Any person whose name is included in any such list shall be deemed to be proclaimed as a tout within the meaning of Rule 6 (5).

10. No agreement entered into by any pleader with any person retaining or employing him respecting the amount and manner of payment for the whole or any part of any past or future services, fees, charges, or disbursements in respect of business done, or to be done, by such pleader shall be valid unless it is made in writing signed by such person, and is filed within such time and in such Court as may from time to time be prescribed by the Protectorate Court.

11. When a suit is brought to enforce any such agreement, if the agreement is not proved to be fair and reasonable, the Court may reduce the amount payable thereunder or order it to be cancelled, and the costs, fees, charges, and disbursements in respect of the business done to be ascertained in the same manner as if no such agreement had been made.

12. Such an agreement shall exclude any further claim of the pleader beyond the terms of the agreement with respect to any services, fees, charges, or disbursements in relation to the conduct and completion of the business in respect of which the agreement is made, except such services, fees, charges, or disbursements, if any, as are expressly accepted by the agreement.

13. A provision in any such agreement that the pleader shall [1900-1901. XCIV.]

2 T