ATTORNEY.

grant an attachment for" disobeying the mandamus, against a member of the corporation who was served with a copy of the rule, notwithstanding neither the original mandamus or rule 1. No attorney employed as a writer or

I. Admission & Clerkship; Rules as to.

was shewn to him; for the public notice directe! by the act is prima facie suffi cient. R. v. J. Edyrean. 3 T. R. 352 10. Though the application for the attachment would be well answered, if the party could shew that he had no notice of the mandamus. 3 T. R. 352 11. Where a rule had been granted for a quo warranto information against A. as mayor of B., on the relation of some of the corporators, and another rule in that cause for inspecting all the corporation books, papers, &c. directed to the town clerk, an inspection of such only as related to the election and office of mayor was held a sufficient compli ance with the latter rule, so as to protect the town-clerk, acting bona fide, from au attachment as for a contempt of the court. R. v. G. Babb. 3 T. R. 579 12. The Court of C. P. refused to grant an attachment against a witness, for not obeying a subpana to attend at a trial; on the ground that the whole expenses of the journey, and of the necessary stay at the place of trial were not ten 2. dered at the time of serving the subpæna. Fuller v. Prentice. 1 II B. 40 13. A subpæna may be issued from the 3. crown-office requiring a witness to attend at the assizes in the country to give evidence in support of an intended prosecution for a felony; and the Court of K. B. will grant an attachment against him for not attending accordingly. R. v. G. Ring. 8 T. R. 585

IV. Interrogatories on;

1. When a defendant is brought up on an attachment for a rescue, it is the practice of the court to put interrogatories to him, though he do not deny the charge in the affidavits, unless the prosecutor wave putting them.

R. v. J. Horsley. 5 T. R. 362 2. When an attachment issues in order to compel a person to answer upon interrogatories, the name of the cause must be inserted in the list of peremptory motions for the next term.

Reg. Gen. H. 34 G. 3. 5 T. R. 547 3. Interrogatories to be exhibited to a person, against whom an attachment has been ordered, must be signed by counsel. Reg. Gen. M. 34 G. 3. 5 T. R. 474

4.

5.

cle k by any other attorney shall, during such employment, take or have any clerk under articles; and no service to such attorney shall be deemed good. No person articled to an attorney shall serve the agent of such attorney under such articles longer than one year of his clerking; and such service beyoud that time shall not be good. Any person applying to be admitted an attorney of B. R. who has not been admitted an attorney or solicitor of any other court, shall for one full term, previous to application to be admitted, cause his name and place of abode, and the name and place of abode of the attor ney to whom he was articled, to be af fixed, in legible characters, on the outside of the Court of B. R. where public notices are usually affixed, and in a conspicuous place in the chambers of each of the judges of the court, and in the King's Bench Office: otherwise he cannot be admitted an attorney.

Reg. Gen. T. 31 G. 3. 4T. R. 379 This rule extends to services performed before as well as after Michaelmas term. M. 32 G. 3. 4T. R. 492 No person can be admitted an attorney, unless one full term previous to the term in which he applies to be admitted he enter in a book at each of the judges' chan.bers his name and place of abode, and also the name and place of abode of the attorney to whom he has been articled.

Reg. Gen T. 33 G. 3. 5 T. R. 368 Every person admitted an attorney of C. P. (not being an attorney of K. B. or a solicitor in Chancery or in the Exchequer) must, before he is sworn, file with the secondary his articles of clerkship, with the affidavit of the execution thereof, and of due service under the same, and that the notices have been given required by the rule 31 G. 3.

1 B. & P. 80 The stat. 2 G. 2. c, 24. requiring (as a previous qualification to being admitted as an attorney) that the party shall continue in the service of the attorney to whom he was articled for five years, is not complied with by the clerk serving part of the time with another attorney with his master's con

sent, and the rest of the time with his 6.

master.

Ex parte Hill. 7 T. R. 456 6. A solicitor in Chancery may practice in the equity side of the Exchequer without being admitted a solicitor in the latter court.

Meddowcroft v. Holbrooke. 1 H. B. 50
7.

II. Certificate; when necessary; and
Action for want of.

1. The stat. 25 G. 3. c. 80. which gives 8.
a penalty against attornies prosecuting
or defending without a certificate, a
suit in any court holding pleas, where
the debt or damage shall amount to
40s. or more, does not extend to the
sheriff's court; though an attorney
prosecute a suit there by virtue of a
writ of justices for more than 40s.

Cross v. Kaye. 6 T. R. 663 2. A common informer may recover penalties against an attorney for not entering his certificate according to the provisions of 37 G. 3. c. 90. § 26. though no such power is expressly given to him by that statute; for the 25 G. 3. c. 80. which gives that power, and the 37 G.3.c.90. are in pari materia. Davis v. Edmonson (in error). 3 B. & P. 382 III. His Bills; Taxation and Payment of. 1. The court will refer an attorney's bill to be taxed, though all the business to be done at the quarter sessions.

Ex parte Williams. 4 T. R. 496 2. An attorney cannot maintain an action for such a bill, unless he has first signed and delivered it.

Clarke v. Donovan. 5 T. R. 694 3. And as the statute requires that the bill should either be delivered to the party personally, or "left at his dwelling or last place of abode:" leaving it at his counting-house is not a good delivery. 2 B. & P. 343 4. And it must be left in the custody of the defendant.

Brooks v. Mason. 1 H. B. 290 5. To maintain an action by one attorney against another, for business done by the plaintiff for the defendant, before the defendant became an attorney, it is not necessary for the plaintiff to leave his bill signed, the stat. 12 G. 2. c. 13. applying to the case of both parties being attornies when the action is brought.

Ford v. Maxwell. 2 H. B. 589

9.

If any part of an attorney's bill be for business done in the court, the bill must be delivered a month before the action is brought, otherwise the plaintiff cannot recover, though some of the items be for business not taxable.

Winter v. Payne. 6 T. R. 645. Hill v. Humphreys. 2 B. & P. 343 Semble this rule would hold though some of the items were wholly unconnected with the plaintiff's professional But if an attorney have a demand for capacity. 2 B. & P. 345 taxable business, and also for conveyancing, and deliver no bill, it seems he might recover for the conveyancing only. 2 B. & P. 345

Au attorney not having delivered any bill to his client before action brought, but having delivered a bill of particulars of his demand under a judge's order, after action brought, is entitled to recover items of charge for money paid for his clients use, having no reference to his business of an attorney: although other items in the bill of particulars might be taxable.

10. Charges for " drawing an affidavit of Mowbray v. Fleming. 11 E. R. 285 debt, and getting it sworn," are for bu siness done in the courts. 6 T. R. 645 11. The statute 2 G. 3. c. 23. being bene ficial to the subject, ought to receive a liberal construction. 6 T. R. 646 12. An attorney is not liable to pay the costs of taxing his bill under the stat. 2 G. 2. c. 23. § 23. where the deduction of one sixth is occasioned, not by the particular items being taxed, but by a whole branch of it being disallowed.

White v. Milner. 2 H. B. 357 13. Where upon the taxation of an attorney's bill a sum was deducted, less than one sixth of the amount of the bill delivered, including disbursements to pay which the client had advanced money to the attorney, the court ordered the client to pay the costs of taxation.

Hindle v. Shackleton. 1 W. P. T. 536 14. The Court of C. P. refused to stay proceedings in an action on an attorney's bill brought subsequent to the order of a judge of K. B. for its taxation, but previous to the taxation having taken place.

Steventon v. Watson. 1 B. & P. 365 15. On the taxation of costs, the Court of C. P. held delivery of an attorney's bill to be conclusive evidence against an increase of charge in a subsequent Ꮧ

Mitchell v. Oldfield. 4 T. R. 123 20. If the defendant's attorney pay to the plaintiff the debt and costs recovered after notice from the plaintiff's 1. attorney, not to do so till his bill has been first satisfied, the former is liable to pay over again to the latter the amount of his lien on such debt and costs of the suit.

Read v. Dupper. 6 T. R. 361 21. The lien of the plaintiff's attorney on the debt and costs recovered in the cause must be satisfied before the defendant is entitled to set off the costs recovered by him in another cause against the plaintiff, on a summary application to the court.

IV. His Privilege:

The privileges of an attorney only continue while he is a practising altorney, and while he has the certificate required by 25 G. 3. c. 80.

Brooke v. Bryant. 7 T. R. 25 2. And therefore it was ruled that an attorney, who had not practised for several years, might be arrested, though after the suing out of the writ, and before the arrest, he recommenced his practice and took out his certificate.

7 T. R. 25 Fairman v. Bryant. S. P. 7 T. R. 26 3. The Court of C. P. held that an as torney should not be allowed his privilege unless he shew that he has practised within a year previous to his arrest. Dyson v. Birch. 1 B. & P. 4 If an attorney sue as a common person the Court of C. P. will give the de fendant leave to plead that the cause of action arose within the jurisdiction of the Court of Requests together with other matters.

Randall v. Fuller. 6 T. R. 456) 22. An attorney has a lien for his bill of costs, on money levied by the sheriff under an execution on a judgment recovered by his client, and is entitled to have it paid over to him, notwithstanding the sheriff has had notice from the party against whom the execution issued to retain the money in his hands, and that the court would be moved to set aside the judgment for irregularity; and notwithstanding a 5. docquet has been struck against the client becoming a bankrupt.

Griffin v. Eyles. 1 H. B. 122 23. An attorney has a lien upon a sum awarded in favour of his client, as

ney by his admission, or by a copy the roll of attornies; proof that he acted as such is sufficient.

Berryman, one, &c. v. Wise. 4 T. R.366 18: An attorney of K. B. in pleading his privilege against being sued by original, improperly stated the custom of that court to be not to compel its attornies to answer an original writ unless first prejudged from their office (which is the custom in C. P. but not in B. R.); the court, however, held that enough appearing to sustain the plea of privilege they would take notice that an attorney could only be sued by bill, and would reject the custom, which had no foundation, as surplusage.

Stokes v. Mason. 9 E. R. 424.

V. Summary Jurisdiction of the Court

Dodsworth v. Bowen. 5 T. R. 325 11. An attorney when plaintiff may lay the venne in Middlesex; but when de-1. The court under circumstances will fendant, he has no privilege to change the venue to Middlesex,

VI. His Liability on Undertakings, &c.

1. The undertaking of the defendant's attorney, in order to procure his discharge, to put in bail or pay the debt, is not within stat. 23 H. 6. c. 9; which avoids all undertakings made for a prisoner's discharge, except bond taken by the sheriff for the prisoner's appearance, &c., because it is given to the plaintiff in the action, and not to the sheriff. Rogers v. Reeves, 1 T. R. 418 On the defendant's arrest his attorney procured his enlargement by under

taking to give a bail-bond to the sheriff] 5.
in due time; which he afterwards
neglected to do, and the plaintiff re-
covered against the sheriff for the
escape held, that such undertaking
being contrary to the statute 23 H. 6.
c. 9. the court would not proceed
summarily against the attorney to make
him pay the debt and costs for his
breach of faith.

Sedgeworth v. Spicer. 4 E. R. 56s
3. If A. be indebted to B. and pay such
debt to the attorney of a person suing
A. in B.'s name, but without his au-
thority, A. is notwithstanding obliged
to pay B. again; and A.'s remedy is
against the attorney who trusted to the
counterfeited warrant of attorney from
B. although he conceived that he was
acting under the real authority of B. 6.
Robson v. Eaton. 1 T. R. 62

AUCTION.

1. A bidder at an auction, under the usual conditions that the highest bidder shall be the purchaser, may retract his bidding any time before the hammer is down. Payne v. Cave. 3 T. R. 148 2. If the owner of goods, or an estate, put up to sale at an auction, employ puffers to bid for him without declaring it, and there is only one real bidder who by means of the puffer is induced to purchase at a high price, such purchaser shall not be compelled to complete the contract: and the stat. 28 G. 3. c. 37. makes no difference. Howard v. Castle. 6 T. R. 642. -See Blachford v. Preston, ob dict.

8 T. R. 93.95

3. An auctioneer employed to sell the goods of a third person by auction, may maintain an action for goods sold and delivered against a buyer, though: the sale were at the house of such third person, and the goods were known to be his property.

Williams v. Millington. 1 H. B. 81 4. Qu. Whether the selling goods by auction within the city of London, by an auctioneer who has paid the duty. of 20s. for a licence required by the stat. 17 G. 3. c. 50. but who has not been admitted as a broker by the Court of a mayor and alderman, makes him liable to the penalty of the 6 Anne, c. 16. for acting as a broker without being so admitted?

Wilkes v. Ellis. 2 H. B. 555 Semb. That it does not.

7.

Where the agent of the owner at an auction for the sale of an estate put it up in so many lots at certain prices, and no person bidding for the same, he put it up again in fewer lots at other certain prices; and still no person bidding, he put it up all together in one lot, at a certain price; and on no person's bidding the estate was withdrawn from sale: held, that this is not a bidding of the owner by an agent, so as to subject the party to the auction duty for want of a notice in writing to the auctioneer (previous to the auction) of such agency, as required by stat. 19 G. 3. c. 56. and 28 G. 3, c. 37. in order to excuse the owner from the payment of the auction duty, Cruso v. Crisp. 3 E. R. 337 Sugars being advertised for sale by auction, samples were produced to the bidders assembled: after the biddings closed these samples were delivered to and accepted by the purchaser as part of the purchase, to make up the quantity of sugars; and a fire having consumed the sugars before the delivery thereof to the purchaser, held that at common law there was a sale to change the property at the time and place of auction: and that the delivery to and acceptance by the buyer of the samples, as part of the sugars purchased, took the case out of the statute of frauds. Hinde v. Whitehouse & als 7 E. R. 558 Turpentine in casks being sold by auction at so much per cwt., and each lot except the last two (which were sold at uncertain weights) was to be taken at the weight at which it was marked : out of the last two lots the other casks in the other lots were to be filled up before they were delivered to the parchasers: a deposit was paid for what was purchased, and the remainder was to be paid within 30 days on delivery of the goods: the buyers had the option of keeping the goods in the warehouse for these 30 days rent free: the buyers employed their agent, who filled up some of the casks out of the last two lots, but before he could fill up the rest a fire consumed the whole in the warehouses within the 30 days: held that the property passed to the buyers in all the casks which were filled up, but that the property in the casks not filled up remained with the seller at whose risk they continued.

Rugg v. Minett. 11 E. R. 210