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Of Proceeding against an Attorney Defendant.

AN attorney of the King's Bench must be sued by bill, and cannot be arrested; and the method of suing him is this, The plaintiff files a bill against him, [which is a direct copy of a declaration engrossed on a stip of parchment stamped with a treble penny stamp] with the clerk of the declarations in the King's Bench office, and then makes a copy thereof on tieble penny stampt paper, for the declaration, which must le delivered to'him with notice thereon to plead; and then the plaintiff proceeds as in other cases.

A bill against an attorney is in the following form:

Middlesex to wit. A. B. complains against C. D. gent. one 'of the attornies of the court of cur lord the king, before the king himself, present here in court in his own proper person; for that Whereas, &c. [as in other cases] and therefore he prays relief, £$c.

0. P. for the plaintiff. The desendant in person.

I John Doe, Pledges of prosecuting. J- and

chard Roe.

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Upon delivery of this declaration, and a rule given to plead thereto, [either a four or eight day rule] and the same being expired, the plaintiff may sign judgment; so that in the King's Bench the remedy against attornies is speedier than in the Common Pleas, which vide the next page; and also speedithan against other indifferent persons, as the bill and declaration are one and the same thing, and the first commencement of the suit.

In B. R. if the action be laid in London cr Middlesex; and the desendant attorney lives within twenty miles of London, upon a rule given to plead, he has four days time to plead; and if he resides above twenty miles from London, or the action be laid in any other county than Middlesex or Linden, he has eight days time to plead.

An Of Proceeding against: an Attorney Defendant,

AN attorney of the Common Pleas also must be sued by bill, and cannot be arrested; but the bill and declaration against an attorney are different in this court; for by Reg. Trin. 21 Car. 2. "No bill shall be filed against an officer, attorney, clerk or minister of the court, in order to a forejudger, until the bill be actually entered on record, and a number-roll actually put to the bill."

The above rule however is in a great measure disused, and the method of proceeding at this day against an attorney defendant is as follows:

The plaintiff engrosses his bill on a stip of parchment stamped with a double penny stamp, and carries it to the prothonotary, who marks it as entered, on being paid for the entry, and it is thereby supposed to be entered, though no number-roll is put on the bill; which being done, the bill must be carried to Wejlminjler-hall, and given to one of the criers of the court, who calls the defendant in court, for which he is paid 1 s. and by 2 vol. Rules and Orders, he must be called three times in court. After which the plaintiff gives a rule on the bill, with the secondary, for the defendant to appear, for which is paid 1 s. A-d. viz. I s. duty, and 4 d. the rule; and then the bill is filed in the prothonotary's cffice, for which is paid \d. upon filing which bill, notice thereof must be given to the defendant, in writing, by Reg. Hil. 11 Geo. 2. whereby it is ordered, that

"Where a bill shall be filed against an attorney of the court, no forejudger shall be entered for want of appearance, if the action be laid in Lmdon or Middlesex, and the attorney resides within twenty miles of London, until four days after notice in writing of filing such bill be given to such attorney, or his agent, or left at his usual place of abode, and a rule given for such appearance as usual; and if such attorney resides above twenty miles from London, or the aclion be in any other county than London or Middlesex, no forejudger shall be entered till eight days after such notice (hall be given. in manner as aforesaid; and a rule to appear the said days, to be exclusive of the days of giving such notice."


Of Proceeding against an Attorney Defendant.

The notice of a bill being filed.

Common Pitas.
C. D. gentleman, one of the attornies, tsfc.

Take notice, that a bill was this day filed in the pro-
tbonotary*s office of his majesty's court of Common
Pleas at Westminster, against you the desendant C. D.
at the suit of the plaintiff A. B. in an action of
trespass upon the casse upon several promises for what-
ever it is] and unlefs you appear to the said bill oa
Wednesday the twenty-sixth day of "January instant,
you will be forejudged the court.

lyl "January 1780. O. P. attorney for

the plaintiff. To C. D. the desendant.

The above is the notice given by the secondary's rule of the bill being filed, the notice to plead is as follows:

Common Pleas.
A. B. against C. D.

Take notice, that there is left in the prothonotary's
office, in the Inner Temple, London, a declaration
against you the desendant, at the suit of the plaintiff
A. B. in an action upon the casse upon several pro-
mises [whatever the cafe is] which the plaintiff lays
to his damage of 100/. and unlefs you plead to the
said declaration within four days next after the first
day of next Hilary term, judgment will be entered
against you by desault.

O. P. attorney for the plaintiff. To C. D. desendant.

Before the above rule for giving the desendant notice, the plaintiff did nothing more than have him called by the tryer in court, which was then thought sufficient, as all attornies were supposed to be personally prefent during the sitting of the court; but many of the attornies having been

I 4 struck

Of Proceeding against an Attorney Defendant.

struck off the roll on sorcjudgers, for want of other notice; and many living at a distance,- so that it was impossible to give orders for an appearance in time before the expiration of the rules to appear, the above rule became necessary.

If the desendant appears in time, you deliver a declaration, and proceed as in other cases; but if he does not appear, he must be forejudged, that is, struck off the roll, to effect which the pl.iintiff enters his bill, and a forejudger, on the roll, in the following form, beginning with a memorandum, as in suits by bill in B. R.

Middlesex, to wit. Be it remembered, that on the

day of in this same term, A. B. came

here into court by O. P. his attorney, and exhibited to the justices of our lord the now king of the bench here, his bill against C. D. gentleman, one of the attornies of the court of our said lord the now king, of the bench here prefent, here in court in his proper person, in a plea of trespass on the casse; the tenor of which said bill followeth in thefe words, (to wit) To the justices of our lord the king, of the bench. Middlesex, to wit. A.B. by 0. P. his attorney, complaineth of C. D. gentleman, &c. [the whole bill to] and thereupon he prayeth relief, &c.

( John Doe Pledges for prosecuting,} and

t Richard Roe.

Whereupon the said C. D. being solemnly called came not, therefore he standeth forejudged from exercising his office of attorney of this court for his contumacy, £$c.

You pay the prothonotary Is. for signirvg the forejudger, and the clerk of the warrants is. ^.d. for striking the desendant off the roll, and then you may proceed against him as against a common person.

When once an attorney is forejudged, the suit by bill is at an end, and the plaintiff, if he proceeds, must proceed as against an indifferent person, by original and capias, in the common way. Barnes 43. and so must every other person who sues him.


Of Proceeding against an Attorney Defendant,

When an attorney defendant has appeared to a bill filed against him in court, the subsequent proceedings throughout the cause are the same, as in causes against indifferent persons, only the writs, such as the venire, habeas corpora, diJiringas, CSV. are made returnable on a day certain in term, and not on a general return day.

But it seems, that process of execution against an attorney has no occasion to be made out returnable on a day certain, for execution begins when the cause is ended.

The plaintiff, an attorney, having sued by his attachment of privilege, was non-suited, and afterwards taken upon a ca. fa. for the costs, upon the judgment of non-suit returnable on a general return day, and the court held it well enough. For though all process, both for and against an attorney, is made returnable on a day certain, because of his daily attendance in court; yet when an attorney is out of court, as in the case above, and in custody in execution, he has no day in court, so cannot attend; and therefore in such case he loses his privilege to. have his process against him returnable on a day certain.


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