Legal Practitioners Act
Rules for Articled Clerks
Statutory Instrument 33 of 1951
- Commenced on 23 June 1947
- [This is the version of this document at 1 December 2014.]
1. Articled clerk to be bound for six yearsEvery articled clerk shall be duly bound by contract in writing to be bounded serve six years' actual clerkship, to someone attorney, or several six years attorneys, actually practicing in the Supreme Court.
2. Rules as to employment by attorneyNo attorney shall have more than two clerks at one and the same time, who shall be bound by such contract in writing as aforesaid, to serve him as clerks. No attorney shall take, have or retain any clerk who shall be bound in writing as aforesaid, after such attorney shall have discontinued or left off practicing as, or carrying on the business of, an attorney, nor whilst such attorney shall be retained or employed is a clerk by any other attorney, and service by any clerk under articles to one attorney for and during any part of the time that such attorney shall be so employed as clerk by any other attorney shall not be deemed or accounted as good service under such articles.
3. Person bound to be actually and exclusively employed in the practice of an attorney
4. Power of Supreme Court where employer unable to fulfill contractIn case any attorney to whom any clerk shall be bound as aforesaid shall become incapable by imprisonment or otherwise of employer fulfilling his obligations under such contract, it shall be lawful for the Supreme Court, on the motion of such clerk, to order and direct that the said contract be discharged or assigned to such person on such terms and in such manner as the said court shall think fit.
5. When clerk may be bound to another attorneyIf any attorney to whom any such clerk shall be so bound shall happen to die before the expiration of the term for which such clerk shall be so bound or shall discontinue or leave off practice as an attorney, or if such contract shall by mutual consent of the parties be cancelled, or in case such clerk shall be legally discharged as aforesaid by order of the Supreme Court, such clerk may, in any of the said cases, be bound by another contract in writing to serve as clerk to any other practicing attorney, during the residue of the said term, and service under such second or other contract, in manner herein before mentioned, shall be deemed and taken to be good and effectual.[Note: Rule 6 was omitted from the official 1996 revised edition of this Cap.]
7. Certificate of preliminary examination to be producedAny articles binding any person to serve as clerk to an attorney shall, within six months of the date thereof, be produced to the to Registrar of the Supreme Court, who, on being satisfied of the due execution of the articles and that the articled clerk has paid into the Treasury the sum of rupees seventy-five, shall enroll in a book the name and addresses of the parties to and the date of the articles and the date of entry.In the event of the articled clerk being subsequently admitted, to practice as an attorney in Seychelles the said sum of seventy-five rupees shall be treated as a payment on account of the sum of five hundred rupees payable upon his admission to practice as an attorney under section 10 of the Barristers' and Attorneys' Act, but the said sum of seventy-five rupees shall not in any event be returned to the articled clerk.The book in which such articles are enrolled, shall during office hours be open to inspection by any person without fee. If articles are not produced to the Registrar for enrolment within six months from the date thereof they may be subsequently produced and entered. But in that case the service of the clerk shall be reckoned to commence from the date of the production for entry, unless and until the Chief Justice shall otherwise direct. The provisions of this rule shall apply to the case of fresh articles under rule 5.All attorneys' clerks shall, before or at the time of producing their articles of clerkship for enrolment by the Registrar, produce a certificate of having passed the Preliminary Examination in general knowledge or other equivalent examination.
8. Procedure for entrance, preliminary examination
9. Procedure for entrance, intermediate examination and subjects
10. Procedure for entrance, final examination and subjects
11. Record of successful candidatesA record of successful candidates shall be kept by the Registrar of the Supreme Court, showing their names and addresses and the dates at which they passed the respective examinations.Each successful candidate shall be given a certificate of having passed the examination in which he has been successful and such certificate shall be signed by the Chief Justice.
History of this document
01 December 2014 this version
23 June 1947