the payment of the duty, &c. which certificate the commissioners, or person appointed, shall cause to be immediately issued, under the hand and name of the proper officer, in such form as the commissioners shall devise. Sect. 26. taken out. By 54 Geo. 3. c. 144. it is enacted that in future the When certicertificates for attornies, &c. shall be annually taken out ficates to be between the 15th Nov. and the 16th Dec. in each year, and that all such certificates shall in future expire on the 15th Nov. Certificates to be entered entry. residence con Every such certificate shall be entered in one of the courts in which the person described shall be admit- with the proted, enrolled, sworn or registered, with the respective per officer of officers of the said courts appointed, within the time pre- the court, who scribed, or before such person shall be permitted to prac- shall be paid 'tice as aforesaid. The officer to enter same, on payment of ls. and the books may be inspected gratis. Sect. 27. After 1st Nov. 1797, if any person shall, in his own Penalty for acting after name, or in the name of any other person or persons, sue 1st Nov. 1797, out any writ of process, or commence, prosecute, carry without enon, or defend any action or suit, or any proceedings in tering it, or any of the courts aforesaid, for fee or reward, or shall for delivering do any act in any of the said courts as an attorney, solici- in a place of tor, &c. without obtaining a certificate in manner directtrary to the ed, or without entering same in one of the courts afore- directions of said, wherein such person shall be admitted, enrolled, &c. 25 Geo. 3. or shall deliver in to any person at the said head office, c. 30. any account, containing a place of residence, as the place of his residence, contrary to 25 Geo. 3. c. 80, with intent Forfeit 501. to evade the payment of the higher duties of 51. every and made insuch person shall for every such offence forfeit 501. and capable of shall be made incapable to maintain or prosecute any acsuing for recovery of any tion or suit in any court of law or equity, for the recover- fees on that ing ofany fee, &c. on account of prosecuting or defending account. any action, &c. or having prosecuted, carried on, or de fended any action, &c. or any matter or thing relating thereto, without such certificate as aforesaid. Sect. 30. See Edmondson, qui tam, v. Davis, 4 Esp. Rep. N. P. 14. Every person admitted, &c. who after the 1st Nov. From Nov. 1, shall neglect to obtain his certificate thereof, for one 1797, persons whole year, shall be thenceforth incapable of practising obtain certifiin his own name, or in the name of any other person in cates for a any of the said courts, by virtue of such admission, &c. year, are renAnd the admission, &c. of such person in any of the said dered incapacourts, shall be from thenceforth null and void, provided ble of practis that nothing herein contained, shall be construed to may be re-ad F ing: but they ment of the duty and a penalty. nitted on pay- prevent any of the said courts from re-admitting any such person, on payment, to the said commissioners, of the duty accrued since the expiration of the last certificate obtained by such person, and such further sum of money, by way of penalty, as the said court shall think fit to order and direct. Provided, also, that nothing hereinbefore contained, shall be construed to include within the regulations of this act, respecting such persons as last aforesaid, any person who is exempted by the provisions of the said act of the 25th year aforesaid, from the payment of the duty imposed thereby. Limitation of actions. Actions to be brought in six calendar months after fact committed; and to be brought into the county where General issue. cause of action shall arise, and not elsewhere: and defendant may plead the general issue, and if found not guilty, to have treble costs. The duties payable upon articles of elerkship, admittance, and certificates. By stat. 55 Geo. 3. c. 184. articles or contract whereby any person shall become bound, as a clerk, in order to his admission as a solicitor, or attorney, in pursuance of laws now in force in any of his majesty's courts at Westminster to have a duty of In Wales, Chester, Lancaster, or Durham, court whatsoever in England Certificates taken by any solicitor, attorney, &c. within London and Westminster, or £120 0 0 60 0 0 1 15 0 0 1 15 25 0 0 6 0 0 If he has been adınitted three years or more 12 00 In any other part of Great Britain, out of the limits above mentioned, if not been 400 If admitted three years or more 800 Special pleaders, draftsmen in any court of équity, or conveyancer, in London or Westminster, or within the limits of the 2d. post, or city, or shire of Edinburgh, are to pay for a certificate yearly In any other part of Great Britain Every person (except serjeants atlaw, barristers, solicitors, attornies, notaries, proctors, agents, or procurators, having obtained regular certificates; and special pleaders, draftsmen in equity, and conveyancers, being members of one of the four inns of court, and having taken out the certificates; and except persons solely employed to engross things not drawn by themselves; and except public officers, drawing official instruments) shall forfeit 501. But not to prevent persons drawing any will, or any agreement, not under seal, or any letter of attorney. £12 0 0 800 Attornies in the country employ agents in town to Attornies in prosecute and defend suits; therefore, where country at the country tornies are concerned as principals, all declarations, employing pleas, and other proceedings, should not be delivered and agents in carried on in the country, but by the agents in town. town. In Griffith v. Williams, 1 Term Rep. 711. Mr Justice Mr. J. Buller's Buller (who has experienced in practice more than any opinion. other judge I remember) said, that where there was an agent in town, all notices are given to him, and are not sent into the country. And this court has held, that a Now held that notice of inquiry is to be given to the agent in and further said, this is to be the rule in future. v. Perkins, 3 East. 568. town; Hayes A notice of set-off must be delivered to the agent in town. See Pract. Reg. C. P. 280. Taylor v. Lawson. But if there be no agent in town, and a plea be filed with the country attorney's name to it, a demand of plea must be made on him. Read v. Brown, Pract. Reg. 280. I do not remember these matters disputed before, but I should hope that the courts will make a rule for this purpose, and order that all country attornies should employ agents in town, in all actions to be commenced, or causes depending; and also in all causes to be defended. a notice of in quiry is to be given to the agent in town. If the agent of the plaintiff's attorney gives the agent Time to plead Notice of trial. No undersheriff or clerk, &c. Attornies liable to be punished in a summary way. Lord Mans field's opinion of the profes sion whilst they conduct themselves with honour and integrity. for the defendant time to plead, the country attorney cannot sign judgment till that time be expired. Notice of trial must be given in town; but a countermand may be given in the country. "That no sheriff, sheriff's clerk, receiver, nor sheriff's bailiff, be attorney in the king's courts, during the "time that he is in office with any such sheriff." Stat. 1 H. 5. c. 4. Attornies are liaole to be punished in a summary way, either by attachment, or having their names struck out of the roll for mal-practice, attended with fraud and corruption, and committed against the obvious rules of justice and common honesty; but the court will not easily be prevailed on to proceed in this manner, if it appears that the matter complained of was rather owing to neglect or accident, than design: or if the party injured has other remedy by act of parliament, or action at law. 12 Mod. 251, 318. 440. 583. 657. 4 Mod. 367. In the case of Pitt v. Valden, Lord Mansfield said, that part of the profession which is carried on by attornies, is liberal and reputable, as well as useful to the public, when they conduct themselves with honour and integrity, and they ought to be protected when they act to the best of their skill and knowledge. But every man is liable to error; and I should be sorry that it should be taken for granted, that an attorney is answerable for every error ormistake, and to be punished for it by being charged with the debt which he was employed to recover for his client, from the person who stands indebted to him. A counsel may mistake, as well as an attorney. Yet no one will say that a counsel who has been mistaken shall be charged with the debt. The counsel, indeed, is honorary in his advice, and does not demand a fee; the attorney may demand a compensation. But neither of them ought to be charged with the debt for a mistake. Not only counsel, but judge may differ, or doubt, or take time to consider. Therefore an attorney ought not to be liable, in cases of reasonable doubt. 4 Burr. 2061. Lord Ch. J. Wilmot told Lord Mansfield in the case of Russelv. Stewart in C. P. (called Palmer's case) that at the setting out of the cause, he thought it very hard, and not at all reasonable, that an attorney should be made answerable for the debt, upon account of a mere involuntary, undesigned mistake, in a nice point of practice,ib. 2063. and he charged the jury upon the foot of a culpable negligence. Lord Mansfield resigned his office the 4th June, 1788, greatly regretted by the bar, and by the attornies in particular, whom he always treated in the most courteous manner. The ease and temper with which his Lordship administered justice, and the unquestionable impartiality of his decisions, had rendered him dear to every rank of the profession, and had placed his integrity beyond the reach of malevolence. The powers of his mind were vast and comprehensive; his judgment was penetrating, and finely illumined by a quick and brilliant imagination; his mode of reasoning was nervous and convincing; and he displayed a subtlety of disquisition, and a depth of argument that could be equalled only by his eloquence. matter of an Where an attorney is charged, by affidavit, with any If an attorney fraud or mal-practice in his profession, contrary to the being required obvious rules of justice and common honesty, the court, to answer the on motion, will order him to answer the matters of the affidavit, deny affidavit; and, in general, if he positively deny the mal- the charge, the practices imputed to him, they will dismiss the com- court will displaint; but otherwise they will grant an attachment. miss the com plaint. In the case of Crossley, and others, attornies, they But if he were called on to answer the matters of certain affidavits, swear in eximputing mal-practices to them, who denied the charges culpation to an incredible positively and pointedly: it was insisted that the rule story, they must be discharged. But the court were of opinion, that will grant the it was sufficient to answer the charge in direct terms, for attachment. that if the story represented by the defendants were not credible, an attachment must be granted against them. The story told by these defendants appearing to the court highly incredible, an attachment was granted. 6 Term Rep. 701. and unfair dealings. They are also liable to be punished for base and unfair Also for base dealings towards their clients in the way of business, as for protracting suits by little shifts and devices, and putting the parties to unnecessary expence in order to raise their bills; or demanding fees for business that was never done; or for refusing to deliver up their client's writings with which they had been intrusted in the way of business; or money which has been recovered and received by them to their clients use, and for other such like gross |