For what an

be sued for,

PROCEEDINGS AGAINST ATTORNIES.

AN attorney has privilege to be sued only in the court attorney may where he is an attorney, and by bill; even as acceptor of a bill of exchange. Doug. 313, Comerford v. Price. If he is sued by original, he may plead his privilege, ibid. 313. and he ought also to sue in the same court. 1 Mod. 118. If plaintiff and defendant are both attornies of the same court, the proceeding is by bill, not by attachment to hold to bail. Str. 1141. 6 Term Rep. 524. If sued as executor, &c. or jointly with others, he loses his privilege. 1 Vent. 298. Salk. 544. He is not entitled to privilege in a foreign attachment, 8 Term Rep. 417. His privilege only continues whilst practising, and whilst he has his certificate, 7 Term Rep. 25, 26. Nor is he subject to the jurisdiction of the courts of conscience, except where he is expressly made liable thereto, as in Westminster, 25 Geo. 2. c. 42. s. 1. Tower Hamlels, 19 Geo. 3. c. 68. 24. London, 39 & 40 Geo. 3, c. 104.

Attorney of C. B. arrested here, must

put in bail, if of this court

not.

Same point.

If sued as executor.

A bill may now be filed against an attorney in the vacation, and

he must pay costs.

In Str. 864, it is said, that an attorney of the C. B. arrested in this court, must put in bail, and plead his privilege. But if arrested in the same court wherein he is an attorney, he shall be discharged on common bail. The Mayor of Basingstoke v. Eonner, 1 Wils. 306. S. P. See the stat. 12 Geo. 2. c. 13, as to an attorney, who is a pri soner in any gaol not to sue out any writ in any court of law or equity, unless commenced before confinement. But he may defend, Willes, 288, and may sue out an attachment of privilege for a debt of his own. 7 Term Rep. 671. Kay, one, &c. v. Denew.

In 1 Wils. 298. it is stated that an attorney of this court was arrested by latitat, and held by the whole court, that it is a motion of course to discharge him on filing common bail. Wheeler's case, or by summons.

An attorney sued as an executor, is not entitled to privilege, for he is sued in right of the testator, and not in his own right. 2 Lill. P. R. 246. Nor if sued jointly with his wife or others. Comb. 6. Salk. 545. Dyer 377. (a)

It is settled, that an attorney of this court may be sued in the vacation, and he must pay the costs; and the court have said, that it will be putting attornies in the same situation with all other defendants who may be sued in

vacation. Waghorne v. Fields, 5 Term Rep. 173. E. T. 33 Geo. 3. See Dougl. 313. S. P.

to messenger

The solicitor under a commission of bankrupt is not As to attor in the first instance liable to the messenger whom he ney's liability nominates for his bill of fees; but if the solicitor agree for fees. with the petitioning creditor, to work a commission for a certain sum, and receive a great part of that sum, he will be liable to such messenger. Hartop v. Juckes, 2 Maule and Selw. 438.

If filed in va

The plaintiff filed a bill against defendant, an attorney, cation, the day of M. T. 1792, as acceptor of a bill drawn 10th Sept. of filing it 1792, at three months; defendant demurred, and assign- may be inserted for cause that the bill appeared to be exhibited in, ed in the meand was entitled of Michaelmas term: whereas the cause morandum. of action appeared to have accrued on a day subsequent to said term. The cause of action did not accrue till the 13th of Dec. The court gave plaintiff leave to amend the bill (on payment of costs) as follows:-Michaelmas term, &c. Be it remembered, that on the 14th day of December (the day after the cause of action accrued) A. Dodsworth brought into the office of the clerk of the declarations of this court, according to the course and practice of the same court, his certain bill against W. B. gent. one, &c. and filed the same bill as of Michaelmas term, in the 33d year of the reign, &c. which said bill follows in these words, &c. Dodsworth v. Bowen, 5 Term Rep. 325.

How to proceed.

The first step taken is, to prepare a bill against him, which is a complaint in writing, describing him as being present in court, 1 Saund. 28. and concludes with a prayer of relief, or it may be brings his suit, Andrews 247. (which is engrossed on 4d. stampt parchment,) and make a copy on 4d. stampt paper, file the bill with the clerk of the declarations in the King's Bench office, with a memorandum or minute on a 5s. stamp, then deliver the copy or leave it at his house, with notice to plead thereto in four days (which notice has been deemed sufficient, though he resides more than twenty miles from London, 5 Term Rep. 369. Mann v. Fletcher, one, &c.; attornies being by a fictionfoflaw, always present in court,) provided the bill be filed four days exclusive before the end of the term. But if the bill be not filed, and a copy delivered within that time, the defendant is entitled to an imparlance, and then he is to plead within the first four days

If the name of defendant be

of the next term. Vide N. on R. E. 5 Ann. A copy of the bill being left with the known agent to an attorney, is a sufficient delivery if he will accept it, but he is not bound so to do. Per Cur. E. 39 Geo. 3.

It is a hard case upon attornies who reside at great distances to plead in four days. In the other courts the attornies are put upon a footing with other persons to plead in eight days, if the residence be above twenty miles from London; and I hope to see a new rule upon this point of practice, as it has been much complained of, especially as country attornies are frequently absent on business from their places of abode.

It is said that if the place of abode of the defendant not entered in be not entered in the master's book kept in the office; the master's although his name and place of abode be entered in the book, &c. how book, containing a list of certificates, a copy of the bill to proceed. may be stuck up in the office. T. 42 Geo. 3. cited Tidd, 6 Ed. 313.

Bill must be first filed.

The bill.

How to indorse the bill.

With whom to be filed.

v. Hough, one, &c.

The bill must first be actually filed before a copy is delivered, Constable v. Edwards, E. 40 Geo. 3, ibid. or it will be irregular. I find in a note of mine that a summons in 1787, was taken out for an agent to shew cause why he should not accept a copy of a bill against his client, and the judge said he was not bound to accept it. Easter term, in the 57th year of the reign of king George the third. Law and Markham.

Middlesex, (ss) A. B. complains of C. D. gentleman, one of the attornies of the court of our lord the king, before the king himself, present here in court, in his own proper person; for that whereas (as in other cases,)" and "therefore he prays relief, &c." add pledges to prosecute. I. K. Attorney for the plaintiff.

Defendant in person.

Indorse on your copy to be delivered to the defendant thus, This is a true copy of a bill filed against you, as of this present Trinity term, and unless you plead thereto in four days from the date hereof, judgment will be signed against you by default. Charge nothing for the copy, as he is not bound to pay for it.

The bill is filed with the clerk of the declarations, pay 4d. if same term, but 8d. if of a preceding term, give a rule to plead, and demand a plea as in common cases; and if defendant does not plead, sign judgment, and exe

cute a writ of inquiry, as in other cases. A demand of plea is necessary. The time for notice of trial or inquiry is the same as in other cases.

If he pleads, make up the issue with a memorandum as in other cases.

If an attorney be arrested in an inferior court, he may When he may have a writ of privilege to release him. 2 Black. Rep. have a writ of 1085. privilege,

sheet more

A copy of a bill filed against an attorney partly print- If bill filed ed and partly written on one sheet of paper, stamped against an atwith a four penny stamp, which contained several print- torney, coned counts, with two of them struck out, and was other-taining in one wise obliterated, and exceeded seventeen common law than 17 comfolios, was held to be irregular, as not being a copy mon law folios. written in the usual and accustomed manner, on which the duty of 4d. per sheet is imposed by stat. 48 Geo. 3. c. 149. And it appearing that the bill was framed in the same way with obliterations, the court also set that aside as being contrary to the practice of the court. Hartop v. Juckes, 1 Maule and Selw. 709.

But before he signs the writ, a certificate must be ob- How to obtain tained from the master's clerk, Mr. Boyle, of his being an same. attorney (or of the clerk of the warrants in C. P. if he is an attorney of that court); pay nothing for signing, seal 7d. take it to the clerk of the papers of the inferior court, who will get the judge to allow it, and order defendant to be discharged out of custody.

George, &c. To the judges of our court of our palace Writ of priviof Westminster, and to every of them greeting: whereas lege. according to the custom of our court before us at West- To be engrossminster, hitherto used and approved of in the same, the ed on a 5s. stampt parchattornies of the same court before us, whilst they are ment. prosecuting or defending suits and actions therein for See 9 East, their clients, ought not, nor have they from time imme- 424. morial, been used to be compelled to answer before any Stokes v. of our justices or officers, or other secular judges what- Mason, as to this plea. soever upon any plea or pleas, plaints or demands, which do not particularly relate to us, (pleas of freehold, felonies, and appeals excepted,) save only before us, by bill exhibited in our said court before us, and not by writ, according to the same for times past used. And whereas we have lately received information by the complaint of C. D. gentleman, one of the attornies of our said court before us, that several ill-disposed persons, intending to disquiet the said C. D. have issued forth and prosecuted out

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of our court of our palace at Westminster, one or more writ or writs, returnable before you in the same court, or one or more precept or precepts, returnable in our said court before you, or one of you, against the said C. D. and threaten to arrest and detain him in your custody thereupon, in suits that do not relate to us, or pleas of freehold, felonies, or appeals, whereby the said C. D. is unable to attend bis said office as an attorney, upon several affairs and suits depending in our said court before us, which, if it be permitted, will manifestly take away, and be not only in derogation and diminution of the jurisdiction of our said court before us, and the liberties and privileges thereof, but also to the great detriment of the said C. D. and his clients. And because we are willing that the jurisdictions, privileges, and customs, for so long time used and approved of in our said court before us, should be inviolably kept and observed, we command you, and every of you, that you wholly desist from taking the said C. L. into your custody, upon any writ or writs, precept or precepts; and if the said C. D. be detained in your custody by any writ or writs, precept or precepts, other than such as particularly relate to us, (pleas of freehold, felonies and appeals only excepted,) that then you discharge the said C. D. out of your custody, and suffer him to go at large, as you will answer the contrary at your peril, and that you inform the party or parties, plaintiff or plaintiffs, in the said writ or writs, precept or precepts, named, that he, she, or they, may prosecute his, her, or their action or actions, suit or suits, in our court before us, by bill to be exhibited to us, in our said court before us at Westminster against the said C. D. if he, she, or they, shall think it expedient so to do. Witness, Edward Lord Ellenborough, &c. Law and Markham.. This writ will serve to any inferior court except in its direction: it must be directed right, or need not be obeyed. Vide title Habeas Corpus.

Attornies are exempt from all offices requiring personal service, as sheriff, constable, overseer of the poor, &c. 4 Burr. 2109. Dougl. 538. 2 Black. 1126, but he is liable to serve in the militia, 2 Black. Rep. 1123-which he may do by substitute. (a)

(a) These privileges are allowed, for the benefit of their clients. 4 Burr. 2113. Dougl. 381. 2 Wils. 44. and confined to those who have practised within a year.