funded.(c) And, in the Common Pleas, when a complaint is made against an officer of the court, the judges will not refer it to the prothonotaries for examination, but will examine it themselves. (d)

The officers of the court of Exchequer of Pleas, are the clerk of the pleas, and his deputy, who is called the master. The clerk of the pleas is appointed by the chancellor of the Exchequer for life, or quamdiu se bene gesserit, and the deputy or master, by the clerk of the pleas; and the business of the master is to take minutes of what is done in court, draw up rules, make reports on matters referred to him, tax bills of costs, allow bails, and sign process, and judgments. The clerk of the pleas is also clerk of the errors in the Exchequer Chamber: and his duty in that character is to allow writs of error, certify transcripts, and attend the court of Exchequer Chamber, and draw up rules thereon. The general business of the office is the prosecution and defence of actions at common law, and the enrolment of deeds; which business is transacted by four sworn clerks or attorneys, appointed by the clerk of the pleas for life, and sixteen side clerks, or clerks in court, four of whom are appointed by each of the attorneys.(e) In this court, the office of sealer of writs, &c., is executed by the under-secretary of the chancellor of the Exchequer.(f)

Sheriffs may also, to some purposes, be considered as officers of the courts; and it is their duty to have deputies therein, to receive and return writs and process :(g) which deputies are required to give their personal attendance in Westminster hall, daily in term time.(h) And, for the prevention and remedy of delays and abuses in sheriffs, under-sheriffs, bailiffs of liberties, and their deputies, and other bailiffs of sheriffs, &c. in the execution of process and writs, it is a rule, (i) that "if any such officer shall wilfully delay the execution or return of any process or execution, or shall take or require any undue fees for the same, or shall give notice to the defendant,

thereby to frustrate the execution of any process or writ, or, having [*59] levied money, shall detain it in his hands, after the return of the writ besides the ordinary course of amerciaments, the contempt or misdemeanor appearing, an attachment, information, commitment or fine shall be, as the case requireth; and this as well in case of a late, as the present sheriff, &c."

There are other officers, who may here be noticed, though they are not properly officers of the court. These are the officers who attend on the trial of causes at nisi prius in London and Middlesex, consisting of the clerk of nisi prius, associate and marshal, crier and train-bearer, who are appointed by the chief justice; and the officers belonging to the different circuits, namely, the clerk of assize, associate, clerk of arraigns, clerk of indictments, judge's marshal, crier, clerk, steward, and tipstaff. (a)

(c) 2 Blac. Rep. 1314. 7 Durnf. & East, 336. 5 Taunt. 180. (d) 1 H. Blac. 105. (e) See 5 Price, 559, n. (f) Man. Ex. Append. 270. (g) Stat. 23 Hen. VI. c. 9, R. M. 1654, 1, R. E. 15 Car. II. reg. 4 K. B. R. M. 1654, 1, R. H. 14 & 15 Car. II. reg 1, R. H. 15 & 16 Car. II. C. P.

(h) R. H. 21 Car. I. R. E. 15 Car. II. reg. 4 K. B. and see R. E. 23 Car. I. R. M. 1654, 1, K. B. R. M. 15 Eliz. 2 4, R. M. 1654, 1, R. H. 14 & 15 Car. II. reg. 1, R. H. 15 & 16 Car. II. C. P.

(i) R. M. 1654, 8 2 K. B. & C. P.

(a) For a more particular account of the Officers of the Courts, their appointment, duties, and fees, &c. see the Report of the Select Committee of the House of Commons, respecting Courts of Justice, 26 June, 1798.

*CHAPTER III.

Of the ADMISSION, ENROLMENT, CERTIFICATES, and READMISSION of ATTORNEYS; their PRIVILEGES, DISABILITIES, and DUTIES, with the CONSEQUENCES of their MISBEHAVIOUR.

AN Attorney is a person put in the place, stead, or turn of another, to manage his concerns; and may be either appointed to prosecute, or defend an action, (aa) or other purposes. (b) Before the statute Westm. 11. (13 Edw. I.) c. 10, the parties to a suit could not have appeared by attorney, without the king's special warrant, by writ or letters patent; but must have attended the court in person.(e) By the above and other ancient statutes, a general liberty was given to the parties, of appearing and prosecuting or defending their suits by attorney; (d) in consequence whereof the increase of attorneys was so great, that several acts of parliament were made to regulate them, and limit their number."(e) And by the statute 3 Jac. 1 c. 7, § 2, it was enacted that "none should from thenceforth be admitted attorneys, in any of the king's courts of record at Westminster, but such as had been brought up in the same courts, or otherwise well practiced in soliciting causes; and had been found by their dealings to be skilful, and of honest dispositions." In confirmation of this statute, a rule was made in both courts, that none should be admitted an attorney therein, unless he should have served, by the space of five years, as a clerk to some judge, serjeant at law, practising counsel, attorney, clerk or officer of one of the courts at Westminster; and were also, on examination, found of good ability and honesty for such employments. (f) And it was then usual to nominate twelve or more able practisers of the courts yearly, whose business it was to examine such persons as should desire to be admitted attorneys which persons were first to attend the prothonotary, with their proof of service, and then to repair to the persons appointed to examine them, and on being approved, were to be presented to the court and sworn in unless some just exception were made against them.(g) it was also necessary that attorneys *should be admitted, and reside in [ *61 ] or near some inn of chancery, and keep commons there.(a)

At length, by the statute 2 Geo. II. c. 23, § 5, (continued by 12 Geo. II. c. 13, 3, and 22 Geo. II. c. 46, § 2, and made perpetual by 30 Geo. II. c. 19, § 75,) it was enacted, that "no person shall be permitted to act as an attorney, or to sue out any writ or process, or to commence, carry on, or defend any action or actions, or any proceedings, either before or after judgment obtained, in the name or names of any other person or persons, in his majesty's court of King's Bench, Common Pleas, or Exchequer, or duchy of Lancaster, or any of his majesty's courts of Great Sessions in

(44) Com. Dig. tit. Attorney, A. B.

(b) Id. C. and see 3 Black Com. 25.

(c) Co. Lit. 128, a, 2 Inst. 249, 378, F. N. B. 25. C. Gilb. C. P. 32.

(d) Com. Dig. tit. Attorney, B. 5.

(e) 4 Hen. IV. c. 18. 33 Hen. VI. C. 7. See also the rules of M. 15 Eliz. 10, T. 24 Eliz. 29, & H. 14 Jac. I. reg. 2, 2, C. P.

(f) R. M. 1654, (g) R. M. 1654, (a) R. M. 1654,

1, K. B. & C. P. and see R. H. 8 Car. I. 3 3, C. P.

4, K. B. & C. P.

1, R. M. 3 Ann. K. B. R. M. 1654. 1. R. T. 29 Car. II. reg. 1. R. M. 36 Car. II. R. M. 4 Ann. C. P.

Wales, or in any of the courts of the counties palatine of Chester, Lancaster, and Durham, or in any other court of record in that part of Great Britain called England, wherein attorneys have been accustomably admitted and sworn, unless such person shall have been bound, by contract in writing, (b) to serve as a clerk, for and during the space of five years to an attorney duly and legally sworn and admitted according to that act; and that such person, for and during the said term of five years, shall have continued in such service ;(c) and also unless such person, after the expiration, of the said term of five years, shall be examined, sworn, admitted, and enrolled, in manner therien mentioned; And in case any person shall in his own name, or in the name of any other person, sue out any writ or process, or commence, prosecute, or defend any action or suit, or any proceeding, in any of the courts of law aforesaid, or courts of Equity therein mentioned, as an attorney or solicitor, for or in expectation of any gain, fee, or reward, without being admitted and enrolled as aforesaid, every such person, for every such offence, shall forfeit and pay 50l. to the use of the person who shall prosecute him for the said offence; and it is thereby made incapable to maintain or prossecute any action or suit, in any court of law or equity, for any fee, reward or disbursements, on account of prosecuting, carrying on, or defending any such action, suit, or proceeding."(d) The court of Common Pleas, however would not grant an attachment against a person who had acted as an attorney of that court, without having been admitted; but left the party to sue for the penalty given him by the statute 2 Geo. II. c 23, § 24.(e)

By subsequent statutes, it is made penal for any person to act as an attorney in the county court, (f) or at any general or quarter sessions of the peace, (gg) unless such person shall have been duly admitted an attorney, and

enrolled as aforesaid. And by the statute 34 Geo. III. c. 14, § 4 [*62] "in case *any person, other than such who shall have been admit

ted an attorney, in one of the courts of Great Sessions in Wales, or of the counties palatine of Chester, Lancaster, or Durham, or in some other court of Record in England where attorneys have been accustomably admitted and sworn, by virtue of a contract made before the 5th and 10th days of February, 1794, respectively, and a service in pursuance thereof, or who shall have been admitted a solicitor in one of the said courts of Great Sessions, or of the said counties palatine, or some other inferior court of equity in England, by virtue of a like contract and service, and according to the directions of the several acts then in force for the regulation of attorneys and solicitors respectively, shall in his own name, or in the name of any other person, sue out any writ or process, or commence, prosecute or defend any action or suit or any proceeding, in any of the said courts at Westminster, as an attorney or solicitor, for or in expectation of any gain, fee or reward, without being admitted and enrolled an attorney or solicitor in one of the said courts at Westminster, according to the directions of the several acts in force for the regulation of attorneys and solicitors, every such person shall, for every such offence, forfeit the sum of one hundred pounds;

(b) Append. Chap. III. & 1.

(c) But see 2 Blac. Rep. 734, 957, where attorneys were admitted by the court of Common Pleas, under special circumstances, though they had not regularly served the whole term of five years under the original articles: and see 1 Chit. Rep. 14. 1 Dowl. & Ryl. 14.

(d) 2 Geo. II. c. 23, 24, and see 7 Moore, 54, 3 Brod. & Bing. 241, S. C.

(e) 6 Moore, 70.

(99) 22 Geo. II. c. 46, § 12.

(ƒ) 12 Geo. II. c. 13, § 7.

one moiety thereof to the use of his majesty, and the other moiety, with full costs of suit, to the use of such person who shall prosecute for the said offence, by action of debt, &c. in any of his majesty's courts of record at Westminster: And such person is thereby also made incapable to maintain or prosecute any action or suit, in any court of law or equity, for any fee, reward or disbursements, on account of prosecuting, carrying on or defending any such action, suit or proceeding. An attorney therefore, who has been admitted in one of the courts of Great Sessions in Wales, or of the counties palatine of Chester, Lancaster, or Durham, &c. since the 10th day of February 1794, is not entitled to practise in the courts at Westminster, without being also admitted an attorney therein; and he cannot be so admitted, unless the highter duty was paid on his articles of clerkship. There is a proviso, however, in the statute 2 Geo. II. c. 23, § 26, that "nothing therein contained shall extend, or be construed to extend, to the examination, swearing, admission, or enrolment of the six clerks of the court of Chancery, or the sworn clerks in their office or the waiting clerks belonging to the said six clerks, or the cursitors of the said court, or of the clerks of the petty bag office, or of the clerks of the king's coroner and attorney in the court of King's Bench, or of the filacers of the same court, or of the filacers of the court of Common Pleas at Westminster, or of the attorneys of the court of the duchy chamber of Lancaster, or of the attorneys of the court of Exchequer at Chester, or of the attorneys of the courts of the lord mayor and sheriffs of London respectively, for the time being; but that the said clerks, filacers, and attorneys respectively, shall and may be examined, sworn, admitted, enrolled, and practise, in their respective courts and offices aforesaid, in like manner as they might have been or done before the making of that act." And, by the statute 49 Geo. III. c. 28, § 1, "persons having *served a clerkship of five years, to some of [*63 ] the clerks of the king's coroner and attorney in the court of King's Bench, who have been regularly admitted as such clerks, shall and may be approved, sworn and admitted to practise, and may practise as attorneys in the said court of King's Bench, and may also practise in any other of the courts of record in the said recited act mentioned, in the name, and with the consent of some sworn attorney of such court, such consent to be in writing, and signed by such attorney as aforesaid, in like manner as the attorneys of such court, or the attorneys or clerks of the offices of the king's remembrancer, treasurer's remembrancer, pipe, or office of pleas in the court of Exchequer at Westminster, are in and by the said act empowered to do."(a)

Also, by the statute 1 & 2 Geo. IV. c. 48, § 1, (as amended by the statute 3 Geo. IV. c. 16, "in case any person, who shall have taken the degree of bachelor of arts, or bachelor of law, either in the university of Oxford or Cambridge, or in the university of Dublin, shall, at any time after he shall have taken such degree, be bound by contract in writing to serve as a clerk, for and during the space of three years, to an attorney or solicitor, &c. in some or one of the courts of law or equity in the therein recited acts of the second, seventh, and twenty-second years of the reign of king George the second mentioned, and during the said term of three years shall continue in such service, and during the whole term of such three years' service, shall continue and be actually employed by such attorney or solicitor, or his

(a) 2 Geo. II. c. 23, § 27.

agent or agents, in the proper business, practice or employment of an attorney or solicitor, and shall also cause an affidavit, or being one of the people called Quakers, a solemn affirmation, of himself, or of such attorney or solicitor to whom he was bound as aforesaid, to be duly made and filed, that he hath actually and really so served and been employed, during the said whole term of three years, in like manner as is required by the said recited acts with respect to persons thereby required to serve for the term of five years, shall and may be qualified to be sworn, or take his solemn affirmation, and to be admitted and enrolled as an attorney or solicitor respectively, according to the nature of his service, in the several and respective courts of law or equity, as fully and effectually to all intents and purposes, as any person, have been bound, and having served five years, is qualified to be sworn or take his solemn affirmation, and to be admitted or enrolled, under or by virtue of the said recited acts, or any other act or acts for the regulation of attorneys or solicitors in England. Provided always, that nothing in this act contained shall extend to any person who shall have taken such degree of bachelor of arts, unless such person shall have taken such degree within six years next after the day when he shall have been first matriculated in the said universities respectively; nor to any person who shall have taken such degree of bachelor of law, unless he shall have taken

the same within eight years after such matriculation; nor to any [*64] person, who shall be bound *by contract in writing to serve as clerk to an attorney or solicitor, under the provisions of this act, unless such person shall be so bound within four years next after the day when he shall have taken such degree."(a) This proviso however, by a subsequent statute, (b) does not apply to persons who had taken such degrees, previous to the passing of the former act.

And, for the better preventing unqualified persons from being admitted attorneys and solicitors, and for rendering the said act of 2 Geo. II. more effectual, "every person who shall be bound, by contract in writing, to serve as a clerk to any attorney or solicitor, as by the said act is directed, shall within three months next after the date of every such contract, cause an affidavit to be made and duly sworn, of the actual execution of every such contract, by every such attorney or solicitor, and the person so to be bound to serve as a clerk as aforesaid: and in every such affidavit shall be specified the names of every such attorney or solicitor, and of every such person so bound, and their places of abode respectively, together with the day of the date of such contract ; (c) and every such affidavit shall be filed, within the time aforesaid, in the court where the attorney or solicitor to whom every such person respectively shall be bound, hath been enrolled as an attorney or solicitor, with the respective officers, or their deputies, therein mentioned, who shall make and sign a memorandum, or mark the day of filing every such affidavit, at the back or bottom thereof; (d) and no person who shall become bound as aforesaid, shall be admitted or enrolled an attorney or solicitor, in any court in the said act mentioned, before such affidavit, so marked by the proper officer, shall be produced, and openly read in the court where such person shall be admitted and enrolled an attorney or solicitor."(e) The officers appointed for this purpose, are the chief clerk, or his

(a) 4. And, for the form of an affidavit of execution of articles, &c. on this statute, see Append. Chap. III. ¿ 3. (c) Append. Chap. III. 2. (e) d. & 4.

(b) 7 Geo. IV. c. 44, 8 5. (d) 22 Geo. II. c. 46, & 3.