and be bound cases, be bound by another contract or contracts in to serve for writing to serve, and shall accordingly serve in manner the remainder before mentioned, as clerk to any other such practising of the time; attorney or attornies as aforesaid, during the residue of such service the said term of five years, then such service shall be to be good, if deemed and taken to be as good, effectual, and available, as if such clerk had continued to serve as a clerk, for the said term to the same person to whom he was originally bound, so as affidavit be duly made and filed of the execution of such second contract or contracts, within the time and in like manner as is before directed, concerning such original contract. Sect. 9.

affidavit be

made and filed, &c.

Before admittance of

an attorney, affidavit to be made and filed

of actual service.

his name to be

cess to an unqualified

Every person who shall become bound as a clerk, shall, before he be admitted an attorney, cause an affidavit of himself, or such attorney to whom he was bound as aforesaid, to be duly made and filed with the officer before appointed, that he hath actually and really served and been employed by such practising attorney, to whom he was bound as aforesaid, or his agent, during the said whole term of five years. Sect. 10.

Attorney act- If any sworn attorney shall act as agent for any person ing as agent, or persons not duly qualified to act as an attorney or or permitting solicitor as aforesaid, or permit or suffer his name to be used, or send- any ways made use of upon the account, or for the profit ing any pro- of any unqualified person or persons, or send any process to such unqualified person or persons, thereby to enable him or them to appear, act, or practice in any respect as an attorney or solicitor, knowing him not to be duly qualified as aforesaid, and complaint shall be made thereof, pear or act as in a summary way to the court from whence such process an attorney, to did issue, and proof made thereof upon oath to the satisfacbe struck off tion of the court, that such sworn attorney had offended

person, thereby enabling him to ap

the roll.

If attorney's name be set to process without his

therein as aforesaid, then every such attorney so offending shall be struck off the roll, and for ever after disabled from practising as an attorney or solicitor; and in that case, and upon such complaint and proof made as aforesaid, it shall be lawful for the said court to commit such unqualified person, so acting or practising as aforesaid, to the prison of the said court, for any time not exceeding one year. Sect. 11.

But where an attorney's name was set to process, without his authority, the court ordered the proceedings to be set aside, and granted an attachment against the authority, or plaintiff's attorney. Oppenheim qui tam v. Harrison, a judgment 1 Burr. 20. So judgment was entered up by an at ceedings will torney's clerk, in the name and without the knowledge

entered, pro

be set aside.

or consent of a regular attorney, it was ordered to be set aside. Hopwood v. Adams, 5 Burr. 2660.

at general or

quarter ses

No person shall act as a solicitor, attorney or agent, or None but atsue out any process at any general or quarter sessions of tornies admitted to practice the peace, either with respect to matters of a criminal or of a civil nature, unless such person shall have been heretofore admitted an attorney of one of the courts of record sions. at Westminster, and duly enrolled pursuant to stat. 2 Geo. 2. c. 23.; or be hereafter admitted an attorney, and enrolled as aforesaid, pursuant to this act, or such other law as shall be then in being; and unless such person shall continue so entered on the roll at the time of such his acting in the capacity aforesaid: but every person who shall so act, not being admitted and enrolled as aforesaid, shall be subject to a penalty of fifty pounds, to be recovered by action of debt, bill, &c. by any person who shall sue for the same, within twelve months after the offence committed, with treble costs of suit. And if an attorney shall permit any person, not being admitted and enrolled as aforesaid, to make use of his name in the courts of general or quarter sessions as aforesaid, such attorney shall be subject to the like penalty of fifty pounds, to be recovered as aforesaid. Sect. 12.

Provided that nothing herein shall extend to deprive Persons exthe attornies of the duchy of Lancaster, or of the courts empted. of great sessions in Wales, or of the counties palatine of Chester, Lancaster, and Durham, from acting within their respective jurisdictions. Sect. 13.

An attorney that has not been attending his employ- Attorney not ment in this court by the space of one year, unless hin- attending to have no pri dered by sickness, shall not be allowed his privilege of vilege. an attorney. R. M. 1654. Sect. 1.

Attornies dismissed by one court from their practice Attornies disfor misdemeanor shall not (after certificate) be admit- missed. ted to practice in another court, it being contrary to the intent of the law. Ibid.

No attorney to be lessee in an ejectment, nor bail for a Not to be defendant in this court. R. Mich. 1654. Sect. 1.

lessee.

No person, without rule of court, or order of a judge, Not to change and notice to the adverse party or his attorney, shall attorney withchange or shift his attorney; and such attorney newly out leave of coming in, to take notice at his peril of the rules whereunto the former attorney was liable, had he continued. R. Mich. 1654. Doug. 217. Say. 218. Black. 8.

the court

Nor till the

This court will not permit an attorney to be changed former bill be in a cause, and another attorney appointed in his stead, paid. till his bill of fees and disbursements be settled and paid. 12 Mod. 440. 8 Mod. 306.

Need not have an order to change the attorney on bringing a writ of error.

Where the attorney dies.

tinues.

The court were of opinion, that the defendant, in the original action, need not obtain a judge's order to change his former attorney, upon bringing a writ of error. Batchelor v. Ellis, 7 Term Rep. 337.

Where the attorney for the plaintiff or defendant dies, pending the suit, and the party whose attorney is dead, will not retain another attorney, the cause against him may proceed, and is not bound to hinder his client's cause. Sty. Prac. Reg. 13.

How long the The authority of an attorney continues until judg authority con- ment (where no order has been obtained to remove him) and for a year and a day afterwards to sue out execution, and for a longer time if the party continues in execution; but if not, the judgment is supposed to be satisfied: and to make it appear otherwise, the plaintiff must again come into court, which he either does by scire facias, or by an action of debt on the judgment. Comb. 40. Sty. 426. And then a new authority is necessary. Salk. 86.

Sci. fa. a new

But as a scire facias is a new action, it may be sued action may be out by a new attorney without leave of the court for sued out by a changing the attorney, or giving notice that the old without leave attorney is changed. Hussey v. Welby, Sayer Rep. 218.

new attorney

or notice.

Not compel

lable to ap pear, but if he undertakes must.

H. T. 1768.

An attorney is not compellable to appear for any one, unless he undertakes so to do; if he undertake, and does not file the appearance, upon summons before a judge he shall be compelled, or by motion. 6 Mod. 89. Str. 693. 12 Mod. 255. He is bound if for an infant. Str. 114.

Friday next after the octave of the purification of the Blessed Virgin Mary, in the 8th year of King George

the Third.

Rules respectWhereas the habitations of many attornies practising in ing attornies this court, resident in and near the cities of London and entering their Westminster, are often very difficult to be found, whereby names in the book, and it is impracticable to serve them with notices, summonses, where notices, orders and rules, to the great delay of the proceedings in &c. are to be this court; for remedy whereof for the future, it is ordered, that the master shall forthwith cause to be prepared a proper alphabetical book for the purposes after mentioned, and that the same shall be publicly kept at the master's office in the King's Bench Walks, there to be inspected by any attorney, or his clerk, without fee or reward. And that every attorney practising in this court

served.

and residing in London or Westminster, or within ten miles of the same, shall, before the first day of the next term, enter into such book (in alphabetical order) his name and place of abode, or some other proper place within the cities of London or Westminster, where he may be served with such notices, summonses, orders, and rules. And every attorney afterwards to be admitted, and practising and residing, as aforesaid, shall upon his admission make the like entry; and 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, summonses, 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 shall be such as requires a personal service. And it is further ordered, that a copy of this rule shall be publicly fixed up in the said master's office, and that another copy thereof shall also be fixed up in the chambers of each of the judges of this court.

N. B. It is expected that such practisers who live remote from the Temple, shall add to the place of their abode, where, and with whom notices, summonses, orders, rules, and other proceedings, that do not require personal service, may be left near any of the inns of court or chancery.

As many attornies have no certain place of residence, any place, where he may be served, though not in his actual place of abode, is sufficient. But when the name and place of abode is entered, then service at that place is the proper service. Loft. Rep. 357.

Annual Certificates.

By stat. 25 Geo. 3. c. 80. After the first of November Certificates to 1785, there shall be raised and levied the rates and duties be taken out following; that every solicitor, attorney, notary, proctor, annually by agent, or procurator, admitted, enrolled, or registered in practising in every solicitor any of his majesty's courts at Westminster, or in any any court ecclesiastical court, or in any of the courts of admiralty holding plea

for 40s. and upwards,

or cinque ports, or in any of his majesty's courts in Scotland, the great sessions in Wales, or in any courts in the counties palatine, or in any other courts in Great Britain, holding pleas, where the debt or damage shall amount to 40s. or more, shall, previous to his commencing or defending any suit or prosecution, take out annually a certificate of such his admission, enrolment, or register: that for and upon every such certificate so taken out Those residing in London and by any solicitor, &c. who shall reside in any of the inns Westminster, of court, or in the cities of London or Westminster, the the bills of borough of Southwark, the parish of Saint Pancras, and mortality, or Saint Mary la Bonne, or within the bills of mortality, or Edinburgh, to within the city of Edinburgh, there shall be charged a stamp duty of 51. and in any other part of Great Britain 31.

pay 51. for a certificate;

any other part, 31.

After the first of November, 1785, every person admitFrom Nov. ted, sworn, enrolled, or registered a solicitor, attorney, 1785, every &c. in any one or more of the courts aforesaid, who shall acting solicitor, &c. shall commence, carry on, or defend any action, suit, or proseannually de- cution therein, shall annually, during such time as he shall liver in a note continue so to practice therein, deliver into some one of of his name the courts, in which he shall have been admitted, sworn, enrolled, or registered, in such manner as is hereinafter directed, a paper or note, in the proper hand-writing of every such solicitor, &c. containing his name and usual place of residence, and marked and stamped with the proper mark or stamp, denoting the duty herein-before imposed upon certificates, according to the place of such his residence as aforesaid; and thereupon every such solicitor, &c. shall be entitled to have a certificate (if the same shall be required) in the manner herein-after directed. Sect. 3.

and residence, &c. in order to obtain a certificate.

Officers for entering application for certificates in England.

The chief clerk of the King's Bench, or his deputy, the clerk of the warrants in the court of Common Pleas, or his deputy, the clerk of the pleas in the Exchequer office of pleas, or his deputy, the prothonotaries of the respective counties palatine of Lancaster, Chester, and Durham, and of the great sessions in Wales, or their respective deputies, and such officers of the inferior courts of law as the judge or judges of the inferior courts respectively shall appoint, the senior clerk of the petty bag office in the court of Chancery, or his deputy, the king's remembrancer of the court of Exchequer, or his deputy, the chief clerk of the duchy chamber of Lancaster, or his deputy, the register of the respective courts of equity in the said counties palatine, and of the great sessions in Wales or his deputies, shall, and they are hereby required, from