Affidavit of payment of duty. duty on the articles was paid (v). The affidavit of execution of the articles (which is filed with the Prothonotary as before mentioned,) or an office copy thereof, must be produced. The enrolment of the articles and of the assignment, if any, must be shewn ; which will appear as well from the Prothonotary's certificate indorsed thereon, as from the book, in which they are registered. The articles must also be produced; and it is advisable to have present, Assizes, to be admitted an Attorney of his Majesty's court of Common Pleas at Lancaster. And this deponent further saith, that he did also before the commencement of the said term, enter in a book kept for that purpose, at the said Prothonotary's office, in Preston, the name and place of abode of the said C. D. and also, the name and place of abode of the said A. B. and that he this deponent, did, on the [ ] day of instant, [which must be 3 days exclusive before the granting of the fiat] leave a notice at the Judges' lodgings in Lancaster [or Liverpool], and also affix a notice in a conspicuous and convenient place in open court there, in the place where notices are usually affixed, each of which lastmentioned notices, contained the name and place of abode of the said C. D. and also, the name and place of abode of the said A. B. and purported that the said C. D. intended to apply at the present assizes, to be admitted an Attorney of the said Court of Common Pleas at Lancaster. And this deponent further saith, that the first-mentioned notice remained so affixed from the time of affixing the same during the whole of the said term, to the best of this deponent's knowledge and belief; and that the said other notices remained so affixed and entered, from the said respective times of affixing and entering the same, to the time of making this affidavit as this deponent verily believes; and that if the said notices, or any, or either of them, were, or was afterwards removed, cancelled, or defaced, it was done without the privity or consent of this deponent. Sworn at [ ] by the said C. D. and E. F., &c. C. D. Note. If the affidavit of service and of affixing notices, &c. be made by the same person; or if there has been an assignment of the articles; or if the clerk has served part of the time with a Barrister or Special Pleader, the above form must be varied accordingly.-See the variations, Chitty's forms, pa. 6 and seq., and Tidd's forms, Appendix to prac. (1833) pa. 256 and seq. (v) In the Common Pleas at Lancaster :— C. D. of &c., maketh oath and saith, that the stamp duty of sixty pounds [To be engros- [or £120.] was paid in respect of certain articles of clerkship, bearing date sed on a sepa- the [ ] day of [ ] 18[], and made between [state the parties, and rate stamp.] their residence] as appears by the stamp impressed on the said articles; and Sworn, &c. C. D. *Note.-If the articles have been assigned, here state the payment of the duty upon, and the execution and registration of, the assignment; as above stated, respecting the articles. the master's certificate of service indorsed (w), if he does not accompany the applicant, or join in the affidavit of service. sion. When an attorney of any other court, or a solicitor of Affidavit after a the court of chancery, applies for admission here, the former admisnotices and affidavits before mentioned, are not required; nor is it necessary previously to enrol the articles of clerkship in this court. But the applicant must produce his former admittance, together with an affidavit stating the time of such admission, that he is the same person, as therein mentioned that he continues to practise, under it —and that he has regularly taken out his certificate. If however, the former admittance be of recent date, the party will only be required to produce, along with it, an affidavit of identity. The fiat for admission is obtained from the Judge who Fiat for admispresides on the civil side of the court, who, if he thinks sion. proper, will examine the applicant as to his fitness; but if the party be introduced to the Judge by a respectable practitioner, known to his Lordship, a fiat is usually granted without examination as to capacity. enrolment. When the fiat is obtained, it is delivered to the Prothono- Admission and tary, together with the articles, which he files (x). The applicant must attend the court, at its sitting in the morning, for the purpose of being sworn; and should previously prepare his admittance, the proper form of which may be had from the Prothonotary. If the person' applying, be already admitted in one of the Courts, mentioned in Stat. 2, Geo. 2, c. 23, his admission here is engros.. sed upon plain parchment; but if not so admitted a stamp of £25 is necessary (y). The admission is signed by the Judge, and afterwards entered by the Prothonotary, in a roll, or book, kept by him for that pur (w) "I do hereby certify that the within named [ ] hath well and "truly served me, for the term of five years, pursuant to the within articles; "and that he is a respectable person, and fit and proper to be admitted an "Attorney of his Majesty's Court of Common Pleas at Lancaster.— "Dated, &c. (x) This was ordered at the Mar. Ass. 1826, in re. Whitehead one, &c. and the Court directed articles to be filed in future. Hullock B. pose, which is subscribed by the attorney. The Prothonotary certifies the enrolment on the admittance, and states, that the admission is upon articles on which the lower duty only, has been paid, if such be the fact (z). When Re-admission. an attorney is re-admitted, it is so marked, on the former admittance; as re-sworn, re-admitted," &c. and the admission may be on the same stamp, though the duty may have been raised since the former admission (a). Certificate. Duties, &c. of Disabilities The annual certificate to entitle an attorney to practise in this court, is subject to the same stamp duty, and must be taken out at the same time, as the certificates of attorneys of the courts at Westminster, practising beyond the limits of the twopenny post; and the same penalties and disabilities are incurred in the one case as in the other, by the omission to take out or enter the certificate. The proper officer of this court to enter the certificate, is the Prothonotary. The duties of attorneys of this court, their disabilities and responsibilites, their rights and privileges, and the remedies for recovering their fees, are the same as those of attorneys of the courts at Westminster. Thus-an attorney of this court is not to allow an unqualified person to act in his name (b); he is not to be lessee in ejectment, nor bail for any defendant (c); he is not to commence or prosecute any action while in gaol (d); nor is he or his clerk, to swear deponents to affidavits, (except for the purpose of holding to bail) in causes in which he is concerned as the plaintiff's attorney (e); he cannot be a commissioner for taking special bails in this court (ƒ), or the courts at Westminster (g). (z) Ordered to be stated in future. Re Pickering one, &c. Mar. Ass. 56 Geo. 3. Le Blanc. J. (a) Exp. Shaw one, &c. and Gill one, &c. Lent Ass. 1824, Holroyd J. (b) 2 Geo. 2, c. 23, s. 17, and 22 Geo. 2, c. 46, s. 11. (c) Reg. Gen. Sep. Ass. 1655. (d) 12 Geo. 2, c. 13, s. 9. (e) Reg. Gen. (4) Mar. Ass. 2 W. 4. (f) 34 Geo. 3, c. 46. See post pa. 35. He is privileged from serving on juries, inquests (h), or Privileges. other offices, where personal service is required; and from payment of office-fees, in certain cases, in which he is plaintiff: he is not liable to arrest, for although the privileges of an attorney to sue in his own court by attachment of privilege, and to be sued by bill, are taken away by Stat. 4 and 5, W. IV., c. 62, yet that act still reserves his privilege, of freedom from arrest (i); he can therefore, only be sued by serviceable process; and, it is supposed by some, that he still retains the privilege of being sued in the court of which he is an attorney (j). An attorney does not now, as he did formerly, lose his privilege from arrest, by being sued with an unprivileged person, because under the act 4 and 5, W. IV., c. 62, there is a means by which one defendant may be arrested, and another served with the same process (k), With respect to the rule that "privilege takes away privilege," it would seem that before the Stat. just referred to, an attorney of the King's Bench might be arrested on an attachment of privilege, issuing out of this court, at the suit of an attorney thereof (). The privileges of an attorney being confined to such as practise, it is a rule of this court (m), that such attorneys as shall not attend their employment for a year, unless hindered by sickness, or necessary absence, shall not be allowed the privilege of attorneys for the future. An attorney of this court may obtain a commission for swearing affidavits in the court of King's Bench (n). between Attor ney and Client. The taxation of costs as between attorney and client, be- Taxing Costs as ing under the same statutes (o) which regulate taxations, in such cases, in the courts at Westminster, is subject to the rules of those courts, as to the delivery of the bill, the costs of taxation, and as to what bills are of a taxable (h) 6 Geo. 4, c. 50. Sect. 1 & 14. See Tidd's Pr. (1833) 65. Chap. K. B. Pr. 2 Addenda 75; but see Atherton's Tr. pa. 11. (k) Keep v. Biggs, & an. 2 Dowl. P. C. 278. Mestayer v. Biggs, Id. Pitt v. Pocock, & an. 2 C. & M. 146. 4 Tyr. 85 S. C. (Hopkins one, &c. v. Ferrand one, &c. 1 Y. and J. 204, (n.a.) Tidd's Pr. (9th Ed.) 83. See also 9 Pri. Ex. 16. (m) Reg. Gen. Sep. Ass. 1655. See also Anon. 1 Dow. P. C. 208, 4 M. & P. 810 S. C. (n) Rule of E. T. 4Geo. 4. (0) 2 Geo. 2, c.. 23, s. 23, See 1 B. and Cr. 656. (made perpetual by 30 Geo. 2, c 19, s. 75.) Taxing Costs of Process when over-charged. Lien. nature; but with regard to the mode of procuring such taxation, it has lately been ordered (p), that "the Prothonotary "of this court, or his deputy, shall have power to grant a "rule absolute in the first instance, to tax any bill of costs "delivered by an attorney to his client, upon the usual undertaking, provided an application be made for such "rule, within twenty-eight days after the delivery of the "bill." As however, such rule can only be had within a month after the delivery of the bill, when that period has elapsed, the client must proceed by summons and order, on the usual affidavit and undertaking; and on the order being made a rule of court, the Prothonotary grants an appointment to tax. A copy of the rule and appointment, must be served on the attorney or his agent; and, if he neglect to attend the taxation, the Prothonotary will proceed exparte, on the first appointment (q). When the bill is taxed, the attorney's remedy for the amount, is either by action, or attachment upon the rule: and if he has been overpaid, the court will oblige him to refund the surplus, which, it seems, cannot be recovered by action (r). The proper course to be taken by a defendant, in order to procure and tax the bill of an attorney, who has charged too much for bailable or serviceable process, is stated in another place (s). 66 The lien of attorneys of this court, is commensurate with that of the attorneys of the courts at Westminster; and it is provided by Rule (33) of March Assizes, 2, W. IV, that no set-off of damages or costs between parties, shall be allowed, to the prejudice of the attor"ney's lien for costs, in the particular suit against which "the set-off is sought; provided nevertheless, that inter"locutory costs, in the same suit, awarded to the adverse party may be deducted." Upon this rule it has been held, that a set-off of judgments will not be allowed without satisfying the attorney's lien, even though the judgments may arise out of the same award (†). 66 (p) Reg. Gen. (57), Mar. Ass. 2 W. 4. Gower v. Popkin, 2 Stark, Rep. 85. (8) See post B. 2 ch. 1, s. 1. Domett v. Heyler, and Heyler v. Domett, 2 Dowl. P. C. 540. |