Fonds LK-NA/84 - Fiscal Office -Colombo

Cleghorn in his Minute of June 1, has stated that there were three Courts of Justice during the Dutch Period. These Courts were situated in Colombo, Galle and Jaffna. In each of these Courts there was an officer called the Fiscal, who in some respects was considered a judge and in other respects as the calumniator publics. He was nominated by the Supreme Government of Batavia. In civil cases he deliberated and voted as a Judge, In criminal cases he was the public accuser. The functions of this officer were numerous and important especially in Colombo. In addition to his duties as fiscal in criminal cases he had to superintend the carrying out of the orders of the government and the inspection of the police of the town of which he was a justice of the peace.
Chief Justice Sir Richard Ottley has stated to the Royal Commission of inquiry in 1830 that the fiscal was vice president of the Land Raad Court, which had restricted Jurisdiction in civil matters over natives outside the fort and Kaymans Gate. The fiscal also exercised Jurisdiction in respect of all minor criminal offences and acted as public prosecutor in respect of grave criminal offences. The process of the disintegration of this system commenced from early British times. The judicial jurisdiction of the fiscal was restricted and fiscal courts were established for the trial of petty civil cases and trifling criminal cases. The fiscals were in charge of all prisons until 1869. The fiscals were appointed under the fiscal ordinance (1880-1898). In terms of the fiscal ordinance No.4 of 1867, fiscals officers for the provinces and Deputy Fiscal Officers for the various districts in the Island were appointed by the governor. They made statements and returns of process fees to the treasurer.