1903 – The Supreme Court Rules

In 1903 the Supreme Court Rules made it clear that “the business of the barrister and of the attorney shall be exercised by distinct persons” (Rule 171). The role of Attorneys in connection with pleadings was also made clear as Rule 15 provided that “every pleading and all particulars shall be endorsed with the name and residence of the attorney of the party pleading, both in full.” A similar provision was made in respect of commercial actions since Rule 100 provided “every plaint shall be signed by the Plaintiff’s attorney”. The 1903 Rules confirmed that attorneys could appear before the Judge sitting in Chambers. Rule 60 provided that the “business at Chambers shall be carried on by barristers or attorney indifferently, or by permission of the Judge, by a party in person”. By virtue of Ordinance 36 of 1938 the Law Practitioners (Protection) Ordinance a protection against “touting” was afforded to the profession. The Ordinance made it an offence for any person other than a law practitioner (barrister admitted to the Mauritian Bar, attorney or notary public enrolled in Mauritius) from giving legal advice, affidavits, plaint or pleading and generally any judicial or extra judicial or legal documents. On the 16th August 1961 by virtue of Government Notice 48 of 1961 the Attorneys (Admission) Rules 1960 was enacted. The Rules provided that to be admitted as an Attorney a candidate had to have attained the age of 21 years, be of good character and obtained a certificate that he had passed an Intermediate, as well as Final examination, after serving for 5 years as articled clerk with a practising Attorney. The Rules provided that no Attorney could have more than 2 articled clerks at the same time. The Examinations were to be held in April and August every year and the Examination consisted of a Judge, the Master and Registrar, a law officer, as well as a Barrister-at-Law and an Attorney-at-law of no less than 10 years standing.