years, enter into any subsequent contract, with any other attorney or solicitor, to serve him as his clerk, for the residue of the said term of five years, such last-mentioned contract shall not be subject to or chargeable with any of the duties by that act imposed."(a) The duty of one pound fifteen shillings, however, is payable, by the last general stamp act,(b) for any articles of clerkship or contract, whereby any person shall become bound to serve as a clerk, in order to his admission as an attorney or solicitor, for the residue of the term for which he was originally bound, in consequence of the death of his former master, or of the contract between them being vacated by consent, or by rule of court, or in any other event; and for any counterpart or duplicate thereof.

An articled clerk, having served part of his clerkship with an attorney who died before the expiration of his term, is, it seems, at liberty, even after an interval of six years, to serve the remainder of his clerkship with another attorney, with a view to his admittance:(c) And the court of King's Bench granted a rule to discharge an articled clerk, where the attorney to whom he was bound had become bankrupt, and absconded; and directed the rule to be served at the last place of abode of the attorney, and on the clerk to the commission of bankruptcy, and also to be stuck up in the King's Bench office. (d) This court has also a summary jurisdiction over matters in difference between attorneys and their clerks: and, therefore, where a clerk had misconducted himself, and left the service of the attorney to whom he was articled, at the end of a year and a half, and the latter refused to take him back in consequence of his previous misconduct, the court referred it to the master, who decided that a portion of the premium should be returned; and this decision was confirmed by the court, though the point in question had been decided otherwise in a suit in the Exchequer.(e) But the court refused to compel an attorney to execute an assignment of articles of clerkship, where the clerk had been guilty of criminal conversation with an attorney's wife, even though the attorney had promised to assign him over. (f)

It is a rule, that "no person who shall enter into articles with an attorney or attorneys, shall be at liberty to serve the agent or agents of such [69] attorney or attorneys, under such articles, for a longer time than "one

year of his clerkship: and any such service to an agent or agents, beyond that time, shall not be deemed good service."(aa) But, by the statute 1 & 2 Geo. IV. c. 48, § 2, "if any person, bound by contract in writing, to serve as a clerk for the space of five years, in manner mentioned in the therein recited acts, shall actually and bona fide be and continue as pupil to any practising barrister, or to any person bona fide practising as a certificated special pleader, in England or Ireland, for any part or parts of the said term of five years, not exceeding one year, it shall be lawful for the judge, or other sufficient authority, to whom such persons shall apply to be admitted as attorney or solicitor, or upon affidavit or affirmation of such clerk, and of such barrister or special pleader, to be duly made and

(a) And see the statutes 48 Geo. III. c. 149, 10, & 55 Geo. III. c. 184, Sched. Part I. tit. Articles of Clerkship.

(6) 55 Geo. III. c. 184, Sched. Part I. And, for the former duty, see the statutes 44 Geo. III. c. 98, Sched. A. 48 Geo. III. c. 149, Sched. Part I. (c) 1 Dowl. & Ryl. 14.

(d) 1 Chit. Rep. 558, in notis. 2 Chit. Rep. 62, S. C.

(e) 3 Barn. & Ald. 257. 1 Chit. Rep. 694, S. C.

(f) Ex parte Briggs, M. 22 Geo. III. K. B.
(aa) R. T. 31 Geo. III. K. B. 4 Durnf. & East, 379.

filed, and upon being satisfied that such person, so applying for admission, had actually and really been and continued with, and had been employed as pupil by such practising barrister or special pleader as aforesaid, (but not otherwise,) to admit such person as attorney or solicitor, in like manner as is now done in cases where the clerk has served part of the term of his clerkship, with the agent of the person to whom he has been bound."

And, to the intent that better information may be obtained, touching the fitness and qualifications of persons applying to be admitted attorneys, there are rules in the king's Bench,(6) that "every person who shall intend to apply for admission as an attorney in that court, and who shall not have been admitted an attorney or solicitor of any other court, shall, for the space of one full term previous to the term in which he shall apply to be admitted, cause his name and place of abode, and also the name or names, and place or places of abode of the attorney or attorneys to whom he shall have been articled, written in legible characters, to be affixed on the outside of the court of King's Bench, in such places as public notices are usually affixed on, and in the King's Bench office; and also enter or cause to be entered, in a book to be kept for that purpose, at each of the judges chambers of this court, his name and place of abode, and also the name and place of abode of the attorney or attorneys to whom he shall have been articled." And there is a similar rule in the Common Pleas, (c) directing the notice to be affixed on the outside of the court, in such places as public notices are usually affixed on, and to be left at each of the judges chambers of that court, and there fixed up in some conspicuous place, and that such notice shall likewise be fixed up, for the like time, in the Common Pleas office. This notice must be put up for the term immediately preceding that in which the application is made for admission.(d) And, in the King's Bench, where an attorney's clerk has served part of his time with one [ *70 ] attorney, and part with another to whom the articles were assigned,

the name of the assignee must be inserted in the notice of intention to apply for admission. (a)

Before a clerk can be admitted an attorney or solicitor, he is required to cause an affidavit, of himself or the attorney or solicitor to whom he was bound, to be duly made and filed with the proper officer appointed for that purpose, (being, in the King's Bench, the chief clerk or his deputy, and, in the Common Pleas, the clerk of the warrants,) that he hath actually and really served, and been employed by such practising attorney or attorneys, solicitor or solicitors, to whom he was bound as aforesaid, or his or their agent or agents, during the said whole term of five years, according to the true intent and meaning of the statute 22 Geo. II. c. 46, § 10.(6) And, in the Common Pleas, it is a rule, that "every person who shall be admitted an attorney of that court, not being already an attorney of the King's Bench, or a solicitor in Chancery, or in the court of Exchequer, shall, before he is sworn, file, with the secondary, his articles of clerkship, together with the affidavit of the due execution thereof, and also the affidavit of the due service under such articles, and of the notice having been given pursuant to the

(5) R. T. 31 Geo. III. K. B. 4 Durnf. & East, 379. R. T. 33 Geo. III. K. B. 5 Durnf. & East, 368. And for the form of the notice, and affidavit thereof, see Append. Chap. III. § 4, 5. (e) R. T. 31 Geo. III. C. P., and see N. M. 2 Geo. II. 2, C. P. Append. Chap. III. ¿ 4. 2 Marsh. 48, (a).

(d) 6 Taunt. 335. 2 Marsh. 48, S. C. (a) 1 Chit. Rep. 556.

(b) Append. Chap. III. 2 5, 6, K. B.

rule of Trin. 31 Geo. III."(c) An affidavit is also required to be made by the person to be admitted, of the payment of the duty imposed on the articles or contract of service; in which he shall insert the sum paid in respect thereof, and shall specify the name and place of abode of the person or persons with whom such contract of service was entered into, the time of the execution thereof, and the time of enrolling or registering the same, and, in case such person shall have been previously admitted a solicitor or attorney in some other court, shall also specify in such affidavit the court in which he has been so admitted, and the time of his admission therein; (d) and shall cause the same to be duly filed in the court in which he proposes to be so admitted a solicitor or attorney, with the proper officer appointed for receiving and filing such affidavits; and every such affidavit shall be produced, and openly read in the court in which such person shall be admitted a solicitor or attorney, before he shall be enrolled or registered therein.(e) The oath (or affirmation, if by a Quaker,) required to be taken before admittance, is that the person to be admitted will truly and honestly demean himself, in the practice of an attorney, according to the best of his knowledge and ability :(f) besides which, he has taken the oaths of allegiance

and supremacy, and to subscribe the declaration against popery ;(g) [ *71 ] *or, if a Roman Catholic, the declaration and oath prescribed by the statute 31 Geo. III. c. 32, §1.(a) But the judges of the court, or one or more of them, before they admit any person to take the said oath or affirmation, are to examine and inquire, by such ways and means as they shall think proper, touching his fitness and capacity to act as an attorney, and if such judge or judges respectively shall be thereby satisfied, that such person is duly qualified to be admitted to act as an attorney, then, and not otherwise, the said judge or judges are to administer in open court to such person, the said oath or affirmation; and after such oath or affirmation to cause him to be admitted an attorney, and his name to be enrolled as an attorney in such court, without any fee or reward, other than one shilling for administering the oath or affirmation; which admission shall be written on parchment, in the English tongue, in a common legible hand, and signed by such judge or judges respectively, whereon the lawful stamps shall be first impressed, and shall be delivered to the person so admitted.(bb) The stamp duty on admission, by the last general stamp act, (c) amounts to twenty-five pounds, unless the person has been before admitted an attorney, in one of the courts mentioned in the statute 2 Geo. II. c. 23, § 5.(d) And the chief clerk or his deputy in the King's Bench, and clerk of the warrants or his deputy in the Common Pleas, are required, without fee or reward, to enroll, the name of every person who shall be admitted an attorney, therein,

Append. Chap. III. 3 7, 8. (e) 34 Geo. III. c. 14, 8 3.

(c) R. T. 37 Geo. III. C. P. 1 Bos. & Pul. 90. (d) Append. Chap. III. 2 9, 10. (f) 2 Geo. II. c. 23, 13. 12 Geo. II. c. 13, 8. Append. Chap. III. 11. And for the form of the oath anciently taken, on the admission of attorneys in the Common Pleas, see R. M. 1654, 26, C. P.

(9) 7 & 8 W. III. c. 24. 13 W. III. c. 6, 2 3. These oaths may be taken, and the declaration subscribed, in the King's Bench, before a single judge, in the bail court, by stat. 1 Geo. IV. c. 55, 4.

(a) For the form of a rule of court, for the admission of an attorney on this statute, see Append. Chap. III. 12. And, for the disabilities of Roman Catholics, and the statutes which have been passed for their relief, &c., see a very learned and elaborate note by Mr. Butler, in his valuable edition of Co. Lit. p. 391, (a). (bb) 2 Geo. II. c. 23, § 6.

(e) 55 Geo. III. c. 184, Sched. Part I. And for the former duty, see the statutes 44 Geo. III. c. 98, Sched. A. 48 Geo. III. c. 149, Sched. Part I.

(d) Ante, 61.

and the time when admitted, in an alphabetical order, in rolls or books to be provided and kept for that purpose in their respective offices; to which rolls or books all persons may have free access, without fee or reward. (e) Anciently it appears there were rolls kept of the attorneys, in the King's Bench; but after the stamp acts, that method was disused, and books kept in lieu of them.(f) These books were considered in one case, (f) merely as minutes to make up the record, and a warrant to the officer for that purpose: But from the evidence given in a subsequent case,(g) it appears that when an attorney is admitted, and takes the oaths, he subscribes a roll, which is the original roll of attorneys; whence the names are copied into the above books. The record of admission is of so high an authority, that if an exemplification of it be annexed to a plea of privilege, the plaintiff must reply nul tiel record, and cannot otherwise try the fact of the defendant's being an attorney.(h)

The habitations, however, of many attorneys practising in the court of King's Bench, resident in and near the cities of London and

Westminster, *being often very difficult to be found, whereby it [ *72 ] was impracticable duly to serve them with notices, summonses, orders and rules, to the great delay of the proceedings, a rule was made in this court, (a) that the master should forthwith cause to be prepared a proper alphabetical book, for the purposes after mentioned; and that the same should be publicly kept at the master's office in the King's Bench walk, to be there inspected by any attorney or his clerk, without fee or reward; and that every attorney practising in this court, and residing in London and Westminster, or within ten miles of the same, should beforethe first day of the then next term, enter in such book, in alphabetical order, his name and place of abode, or some other proper place, within the cities of London and Westminster, where he might be served with such notices, summonses, orders and rules; and it is thereby required, that "every attorney afterwards to be admitted, and practising and residing as aforesaid, shall, upon his admission, make the like entry; and that as often as any such attorney shall change his place of abode, or the place where he may be so served with notices, summonses, orders and rules, he shall make the like entry thereof, in the said book; and that all notices, smmonses, orders and rules, which do not require a personal service, shall be deemed sufficiently served on such attorney, if a copy thereof shall be left at the place lastly entered in such book, with any person resident at or belonging to such place; and if any such attorney shall neglect to make such entry, that then the fixing up of any notice, or the copy of any summons, order or rule, for such attorney, in the said master's office, shall be deemed a sufficient service, unless the matter be such as shall require a personal service." In conformity to this rule, it is usual for practitioners, who live remote from the inns of court or chancery, to add to the place of their abode, the name and place of abode of some other person, where and with whom notices, summonses, orders, rules and other proceedings that do not require personal service, may be left for them, near to such inns :(6) But when the name and place of abode of the attorney are entered, then service at that place is the proper service.(c)

(f) 1 Str. 76, 7.

(e) 2 Geo. II. c. 23, 18. (g) 2 Esp. Rep. 526. (h) 1 Ld. Raym. 336. 7 Mod. 106. 2 Salk. 545. 6 Mod. 305. 2 Ld. Raym. 1172. 1 Str. 76, 532. (a) R. H. 3 Geo. III. K. B. (c) Lofft, 357.

(b) Imp. K. B. 10 Ed. 33.

VOL. 1.-6

An attorney, sworn admitted and enrolled in any of the courts of law, mentioned in the statute 2 Geo. II. c. 23,(d) may be sworn admitted and enrolled a solicitor, in all or any of the courts of equity therein mentioned, (e) without any fee for the oath, or stamp on the parchment whereon such admission shall be written :(f) And an attorney in any of his majesty's courts of record at Westminster, is capable of being admitted to practise as an attorney in any inferior court of record, provided he be in all other respects capable and qualified to be admitted an attorney, according to the usage and custom of such inferior court.(g) So, a solicitor in any of his majesty's courts of equity at Westminster, may be [*73] sworn admitted and *enrolled an attorney of his majesty's court of King's Bench or Common Pleas at Westminster. (a) And a solicitor in any of the courts of equity mentioned in the statute 2 Geo. II. c. 23, may be sworn admitted and enrolled a solicitor in all or any of the other courts of equity, or in any inferior court of equiety.(bb) An admitted attorney of the court of King's Bench may sue out a commission of bankrupt, and maintain an action for his fees and disbursements thereon, although he be not a solicitor in Chancery.(cc) But a solicitor on the equity side of the court of Exchequer, is not entitled, as such, to practise in the Court of Chancery; nor, if he do, can he maintain an action for the amount of his bill:(dd) And it seems, that a solicitor of the latter court cannot, by consent in writing, authorize a solicitor of the court of Exchequer to practise there in his name. (ee)

It is also declared to be lawful, for any person who shall be sworn admitted and enrolled to be an attorney, in any of his majesty's courts of record at Westminster, &c. by and with the consent and permission of any attorney, in any of the said other courts of record, &c. such consent being in writing, signed by such attorney, and in the name of such attorney, to sue out any writ or process, or to commence, carry on, prosecute or defend any action or actions, or any other proceedings in such court, notwithstanding such person is not sworn or admitted to be an attorney of such court.(ff) And where an attorney acts in the name of another, a demand of costs by the acting attorney is good.(gg) But where an attorney's name had been set to process without his authority, the court ordered the proceedings to be set aside, and granted an attachment against the plaintiff's attorney.(h) So, where process in the Common Pleas appeared to have been sued out in the name of A. by B., neither of whom were attorneys of this court, and B. had no authority from any other attorney to act in his name, the court set aside the proceedings, and ordered A. and B. to pay the costs.(?) And where judgment was entered up by an attorney's clerk, in the name, but without the knowledge or consent of a regular attorney, it was ordered to be set aside.(k)

By the statute 2 Geo. II. c. 23, § 17, "if any person, who shall be a sworn attorney of any of the courts of law aforesaid, shall knowingly and willingly permit or suffer any other person or persons to sue out any writ or process,

(d) 8 1.

(e) ? 3.

(ƒ) 20, and see stat. 34 Geo. III. c. 14, 5. 44 Geo. III. c. 98, Sched. A. 48 Geo. III. c. 149, Sched. Part I., and 55 Geo. III. c. 184, Sched. Part I.

(g) 6 Geo. II. c. 27, § 2.
(bb) 2 Geo. II. c. 23, § 21.

(ee) 4 Taunt. 452.

(99) Say. Rep. 95.

(h) 1 Bur. 20.

(k) 5 Bur. 2660.