ATT 



of Weftminfter-hall ; and are in all points officers of the 

 refpcftive coi'.rts in which they arc admitted ; and as they 

 have many privileges on account of their attendance tlicre, 

 fo they are peculiarly fubicft to the cenfure and animadver- 

 fion of the judges. No man can praftife as an attorney in 

 any of thofe courts, but fucli as is admitted and fworii an 

 attorney of that particular court ; an attorney of the king's 

 bench cannot pra&ife in the court of common pleas ; nor 

 j'ice -vsrfd. To pradife in the court of" chanceiy, it is alfo 

 necefiary to be admitted a fulicitor therein ; and by the flat. 



2 2 Geo. II. c. 4-6. no perfon (hall aft as an attorney at the 

 court of quarter fefl'.ons, but fuch as has been regularly ad- 

 mitted ill fome fuperior court of recf-rd. With refpcft to 

 the feveral courts, there are attorneys at large, and attorneys 

 fpecial, belonging to this or that court only. An attorney 

 may be a folicitor in other courts by a fpecial retainer ; 

 one may be an attorney on record, and another do the bu- 

 fmefs ; and there are alfo attornies who nv.nage the bufmefs 

 out of the courts. So early as the flatute 4 Hen. IV. 

 c. 18. it was cnafted that attorneys (hould be examined by 

 the judges, and none admitted but fuch as were virtuous, 

 learned, and fworn to do their duty. And many fubfequent 

 ftatutes have laid them under farther regulations. By 



3 Jac. I. c. 7. attorneys, S:c. fliall not be allowed any fees 

 laid out for counfel, or otherwifc, unlcfs they have tickets 

 thereof figned by them that receive fuch fees, and they (hall 

 give in true bills to their clients -of all the charges of fuits 

 under their hands, before the clients (liall be charged with 

 the payment thereof. If they delay their client's luit for 

 gain, or demand more than their due fees or difburfements, 

 the client (hall recover cofts and treble damages ; and thev 

 (hall for ever after be difabled to be attorneys. None (hall 

 be admitted attorneys in courts of record, but fuch as have 

 been brought up in the faid courts, or are well (killed, and 

 honed ; and no attorney (hall fufler any other to follow a 

 fuit in his name, on pain of forfeiting 20 1. to be 'divided be- 

 tween the king and the party aggrieved. By 12 Geo. I. 

 c. 29. if any perfon who hath been convicted of forgery, 

 perjury, fubornation of perjury, or common barratry, (liall 

 praclil^ as an attorney or folicitor in any fuit or aftion in 

 any court, the judge where fuch adtion (l-.all be brought 

 hath power to tranfport the offerider for feven years, by 

 fuch ways and under fuch penalties as felons. The adt 

 2 Geo. II. c. 2 V ordains, that all attorneys (liall be fworn, 

 admitted, and inrolled, before they fue out writs in the 

 courts at Weftniinftcr ; and they are required to have ferved 

 a clerkfhip of five years, and to be examined, fworn, and 

 admitted in open court ; and aftovneys (hall not have more 

 than two clerks at one time, except the prothonotaries in 

 the common pleas, and the fecondary in the king's^ bench, 

 and the feveral prothonotaries in the counties palatine and 

 great Lffions in Wales, each of whor.i may have t!;rcc. 

 Attorneys, upon being fworn aiid admitted, (liall pay a 

 ftamp-duty, bv feveral afts, of 16 1. When the attointy's 

 bills are taxed, he is to pay the cofls of taxation, if the 

 bill be reduced a fixth part. A penalty of 50 1, and difabi- 

 litv to praaife, are the confcquer.ces of afting contrary to 

 this ftatute. Bv (bit. 6 Geo. II. c. 27. attorneys of the 

 courts at Weftm'infter may practifc in inferior courts. By 

 12 Geo. II. c. 13. attorneys, &c. that aft in any county- 

 court, without admiffion according to the llatute 2 Geo. 11. 

 c. 23. (hall forfeit 20 1. ; and no attorney, who is a prifoncr, 

 (l-.all fue out any writ, or profecute fuits; if he doth, the 

 proceedings, &c. (hall be void, and fuch attorney, S;c. fliail 

 be llruck off the roll.. By 22 Geo. II. c. 46. perfons 

 bound clerks to attorneys or folicitors are to caufe afhi^av-ts 

 to be made and filed of the execution of the articles, names, 



A T T 



and places of abode of attorney or folidtor, and ckrk ; zr\ 

 none to be admitted till the affidavit? be produced and read 

 in court. Cleiks arc actually to ftrvc during their whole 

 time, and make affidavits thereof. Perfons admitted fworn 

 clerks in chancery, or ferviw a clerkfhip to fuch, may l>e 

 admitted folicitors. By 23 Geo. II. c. 26. any perfon duly 

 admitted a folicitor, may be admitted an attorney, without any 

 fee for the oath, or any (lamp ; and by ftat. 2 G. 11. c. 23. 

 f 20. attorneys may be admitted folicitors. By 25 Geo. HI. 

 c.80 every admittedattonicy,fol;citor,notary,proctor, agent, 

 or procurator, (hall annually take out a ftamped certihcate, 

 with a five pound (lamp within the bills of mortality, and three 

 pound elfewht-re, from the courts in which they praftiff, on 

 penalty of 50I. and incapacity of praclifing. By34Geo. III. 

 c. 14. every perfon who (hall become bound to fervc as a 

 clerk in order to his adir.ifilon as a folicitor or attorney in 

 any of the courts at Wcdminder, (hall be charged an addi- 

 tional damp-dnty of icol. And in any of the courts of 

 great feffion in Wales, or in the counties of Chifter, Lan- 

 cadcr, or Durham, or i.i any court of record in England 

 holding pleas, where the debt or damage (hall amount to 

 40 s. and not in any of the faid courts at Wedminfter, a 

 damp duty of 50 1. And by the feveral damp acls, if the 

 confidenition money given with fuch clerk or app .•iiticc be 

 under lol. a damp duty of los. Ifatrjve lol. b'; i;'**'> 

 by 37 G. III. c. 3. 10 s. more. The indeijture (hall bi; 

 inrolled, and affidavit (hall be made within fix wt^ks. Per- 

 fons who have paid the duty of icxdI. in ary of the court* 

 at Wedminder, may be adm.ittcd in any of the other courts 

 without payment of any further duty. New contracts with 

 othjr mailers arc fubjeft to no further daty. The privilege* 

 belonging to attorneys are as follow : an altcmey, in refpeft 

 of liis attendance at the court, cannot be prclTed for a fol- 

 dier ; but he is not privileged from ferving in the militia, or 

 finding a fubditutc : an attorney (liall not be made conda> 

 blc, nor be eltftcd into any other office agsind his will ; a« 

 to the office of overfeer of the poor, or churchwarden, or 

 any office within a borough. Attorneys have the pri\ih!ge 

 to fue and be fued only in the courts at Wcd.nnnftcr, wh, re 

 they praclife ; they are not obliged to put in fpecial bail, 

 when defendants; but when they are plaintiffs, they may 

 infid up(,n fpecial bail in all bailable cafes. I Vent. 299. 

 Wood's Ind. 450. But an attorney of one court may, in 

 that court, liold an attorney of another court to bail. Pay- 

 mer.t :o the attormy is p.-'vment to the principal. Doiigl. 

 623. I Black. R. 8. An attorney has a li^n in the ironey 

 recovered by his client, for his bill of cods ; if the 

 m.onev come to his hands, he may retain to the amount of 

 his bill. He may dop it in Iranfuu, if he can lay hold of 

 it ; if he ajiply to the court, they will prevent it? being 

 paid over until his demand is fatisfied. If the attorney give 

 notice to the defendant not to pay till his b'.U be dif- 

 chargcd, a payment by the defei.dant iifttr fucli notice 

 would be in \\\i own wrong, and like paying a debt wli'ch 

 has been afllgned aft:r notice. Dougl. 258. 



Attorrcvi arc li.ible to he punithcd in a fummary way, 

 cither by attach.Tient, or having their names Anitk out of 

 the roll, for ill practice, attended with fraud and corrtiptior, 

 and ccmmitted againd the obvious ru!es of judicc and com- 

 mon honcdy ; but the court will not eauly bj prevailed 

 upoi) to proceed in this manner, if it appears, that the mat- 

 ti.r coniplnincd of was rather owing to neglcA or accident 

 than defi^n, or if the party injured has other remedy by 

 act of paiTiament, or aftion at law. 1 2 Mod. 251.318. 440. 

 rgj. 657. 4 Mod. 367. If an attorney, defendant in an 

 aiilion, does not appe-r in due time, the plaintiff may fign 

 a " fonjud^cr,^' which cnal;les him to flrike tlic defendant 

 P p 2 off 



