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Barnes 251.

Time to plead. If the agent of the plaintiff's attorney gives the

agent for the defendant time to plead, the country attorney cannot sign judgment till that time be

expired. Wallace v. Willington, Barnes 256. Plea.

A plea being delivered in the country beld to be

bad, and judgment may be signed, Taylor v. Lawson, Ifrue,

If the country attornies agree that the issue shall be delivered in the country, and it is notwithftanding tendered in town, and not paid for by the agent, judgment may be signed, for the agreement is void. Hafelfoot v. Duke, Barnes 251. But where the defendant pleads by his attorney in the country, and the plaintiff's attorney accepts it, there he may tender the issue in the country, and if not paid for there, may sign judgment. Moore

v. Hodgson, Barn. 239. Notice of trial. Per cur' notice of trial cannot be given in the

country, but may be well countermanded there. Goodright v. Hoblyn, Barnes 298. a countermand by the agent in town is good.' Gerry v. Shilfton,

Cooke's Rep. 48. No sheriff, &c. By Stat. i H. 5. 6. 4i It is enacted, that no to be attorney, sheriffs, 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. Answerable for

An attorney in the country is answerable for the agents.

mistakes of his agent. Collins v. Griffin, Barnes 37. Authority, If an attorney be retained, his authority con

tinues till the end of the cause, or a countermand, i Roll. 291. 1. 25.; and it cannot be countermanded without a rule of court, or a judge's order. He may sue execution within the year, without a new warrant, 2 Inft. 378. and may prosecute it after the year. ibid, but not bring a sci. fa. 1 Salk. 39. So he may acknowledge

satisfaction on receipt of the money. i Roll. 366. If he diese If an attorney die, or be removed, the justices

fhall make another in his place. Star. 4 H. 8. 6. 18.

The

&c.

The clerk of the warrants to certify to the seal Attornies who office, the names of such attornies that have dif- bave disconti continued, and are forejudged the court, and put or put out of out of the roll, and have not filed any warrant of roll, not to have attorney, nor continued their names upon the roll writ of privi. for above four terms paft ; and thereupon no such ment,

lege or attach. person shall have a writ of privilege or attachment sealed, until they have the said writ figned by the clerk of the warrants, to testify that their names are on the roll, for which no fee is to be paid, R. Trir. 29 Car. 2.

Every attorney pays to the clerk of the warrants 8 d. a term for 8 d. a term, 4 d. to the puisne judges (to be dif- his termnages, tributed in charity) and 4 d. for the criers of the court.

If an attorney is struck off, and is restored, he If Aruck off. must consent not to take advantage of his privilege against any action then depending. Moody's case, Barnes 42.

An attorney admitted fraudulently, was struck Admitted frau. off the roll, and an attachment was granted against dulently to be the mafter. 2 Black. Rep. 991. Ex parte Hill and Aruck off. Hargrave.

Attornies are not privileged from serving in the Not privileged militia, or paying for substitutes in their stead, from ferving in Ibid. 1123. Gerard's cafe.

Where an attorney of one court sues an attar- Attornies of difney of another, the privilege of that court which ferent courts. is possessed of the cause, Ihall be preferred. Ibid. 1325. Danfer one, & c. v. Berryman..

They are liable to be punished in a summary Attornies liable way, either by attachment, or having their names to be punished in struck out of the roll for ill-practice, attended with a summary way. fraud and corruption, and committed against the obvious rules of justice, and common honefty; 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 defign: or if the party injured has other remedy by act of parliament, or action at law. 12 Mod. 251. 318. 440. 583. 657. H3

They

the militia.

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Allo for base and They are also liable to be punished for base and unfair dealings. unfair 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 clients writings with which they had been intrufted 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 and palpable abuse. 2 Haw. Pl. of the Cr. 144.

8 Med. 306. 12 Mod. 516. Adion lies An action lies against an attorney for neglecting against hinn for neglect,

to charge a person in execution at his client's fuit,
according to a rule of court; although it seems it
was rather want of judgment than negligence,
2 Wilf. 325. Russell v. Palmer ; but the court will
not proceed against him for it in a summary way.
4

Burr. 2050.
Not liable if he

An attorney is not liable to be fued if he neglect
negle&t plead
if it's a junt debt. to plead, provided it be a just debt due to the

plaintiff, otherwise the court will punish the attor-
ney.
Barnes

39.

Anon, Not bound to Not bound to discover and give in evidence the discover, &c.

contents of a deed shewn by his client, nor any instructions given him by his client; nor can he be

forced to act against his will. May detain An attorney or folicitor, having fees due to him, writings, &c. until paid.

may detain writings until bis just fees are paid; but if there are none due to him, the court, on motion, will compel the delivery of thein, i Lill. 148. ; but he cannot detain writings, which are delivered upon special trust, for the money due to him in that very business. Mid. Caf. L. and Eq. 306. If man hath a joint cause of action against two, one an attorney, and the other not, he may arrest both,

and declare as usual. 2 Salk. 544. 2 Lev. 129. An attorney has In Michaelmas term the plaintiff recovered judg.

ment for 2521.55.5d. sued out a fi.fa. to the sheriff of of costs on money levieri

, notwith? Surry, who levied the whole. Soon after defendant standing a doc. gave notice to the theriff to retain the money levied, quet has beca

and

a lien for his bill

and that he should apply to the court to set aside fruck against proceedings for irregularity. On receipt of this now the client be: tice, sheriff refused to pay plaintiff's attorney, who

coming a bank

rupt. demanded it. Rule why the sheriff should not pay plaintiff's attorney the money with interest, on an affidavit that the whole sum was due to him for cofts, as attorney for plaintiff, viz. Part of the debt for which Jaques was taken in execution (which was the amount of costs taxed in an action brought by Jaques against the present plaintiff in the exchequer), and the remainder for the costs taxed in the action in this court against Eyles, for the escape of Jaques. Atk. 720. Turwin v. Gibson. Dougl. 226. Welch v. Hole, were cited. It appeared that a docquet had been struck against the plaintiff, who after he recovered judgment became a bankrupt. The court, on the authority of the last case, made rule absolute with costs, leaving out that part which respected interest; and said, that the circumstance of the docquet being struck, was immaterial, Griffin v. Eyles, H. Blacks. Rep. Į22. How to proceed to file the articles and

get admitted. The affidavit of the due execution of articles is inserted in my Inir. Clericalis, K. B. 4th ed. p. 552. as also the affidavit of the service under those articles.

The first of these affidavits is to be filed within How to proceed three months (and if neglected there generally is an to file the articles

and get adoitted. indemnity bill passes every year so as to give the clerk an opportunity of filing the same afterwards) with the clerk of the warrants, at his office, No. 3, Pump Court, Middle Temple: pay 2s. 6 d. Before the clerk applies for his fiat, he gets this affidavit delivered him back again, by the clerk of the warrants: pay 2s.6d. Take it with the affidavit of service of clerkship and.articles, to one of the judges' clerks, who will introduce you to the judge, and on examination, the judge will grant his fiat for

the

HA

the admission : pay 10 s. 6d. Then take same to Mr. Fothergill, who will order his clerk to make out the admission : pay him 81. 8s. He will order you to attend at Westminster-Hall in court to be sworn in, which generally is done at the sitting : pay the officers 2 s. 6 d.

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