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As to certificate of service,
Affidavit of the Execution of Articles of Clerkship.
In the, &c.
A. B., of, &c., maketh oath and saith, that by articles of agreement, dated, &c., and made between, &c., for the considerations therein mentioned, the said clerk did put, place, and bind himself clerk to the said (attorney,) to serve him in the profession of an attorney-at-law (and solicitor in Chancery,) from the day of the date of the said articles, for the term of five years thence next ensuing, and fully to be complete and ended, and which said articles were in due form of law executed by the said, &c., in the presence of this deponent, and of one C. D., of, &c. ; and that the names of A. B. and C. D., set and subscribed to the said articles as witnesses to the due execution thereof, are the proper handwriting of this deponent and of the said C. D.
If the clerk has taken a degree at an university, he will make affidavit, beginning thus : “ That he hath taken the degree of bachelor of arts (or law) in the university of, &c., and that he did take such de. gree within six (or if bachelor of law eight] years next after the day when he was first matriculated in the said university. And this deponent further saith,
under the conditions in the within-written articles mentioned. Release of the And for the considerations above expressed, they, the said covenants of E. S. and I. S., do hereby for themselves and their the original
several heirs, executors, and administrators, mutually rearticles.
lease and discharge each other, their executors and administrators, of and from the within articles, and the performance thereof, and of and from all the covenants and agreements therein contained. In witness," &c.
h If it be of an assignment of the articles, state here: “ And this deponent further saith, that by a certain indenture (or deed-poll) or assignment, dated, &c., and made between, &c., the said (master) did assign, &c., [state the substance,] and which said assignment was in due form of law executed by, &c., on the same day and year on which it bears date,” &c.
that by articles of agreement, dated, &c., and made within (four) years next after the day when this deponent took such degree, between, &c., as above, stating the service as three instead of five years.
OBSERVATIONS ON ARTICLES OF CLERKSHIP. If a person has taken the degree of bachelor of arts or law in the Universities of Oxford, Cambridge, Dublin, Durham, or London, providedi he has taken such degree within four years previously to his being articled and provided, such degree of bachelor of arts has been taken within six years, or such degree of bachelor of law has been taken within eight years after matriculation, he may be admitted after a service of three years : (1 and 2 Geo. IV., cap. 48, sec. 1; 3 Geo. IV., cap. 16; and 7 Will. IV., and i Vic. cap. 56.k)
By the second section of 1st and 2d Geo. IV., the clerk, if bound for five years, may serve one year of the same as pupil to a practising barrister or certi
"These provisos do not apply to persons who have taken such degree previous to the passing of the act of the 7th Geo. IV.
It is to be lamented that the spirit of these provisions so little influences parents in articling their children, who, instead of giving them the benefit of a general education till seventeen or eighteen, remove them from school at fifteen, or even fourteen, to place them in an office where, generally speaking, from their age they will learn but little for several years ; for not only do legal studies require a more matured mind than a boy of fourteen or fifteen generally has, but as their whole success depends upon themselves, (their masters not having time, ordinarily speaking, to read with or instruct their clerks,) it is important that they should not be articled at a period when it cannot be expected that they will read for their own sake. The editor trusts that he shall be excused for making these observations; but having seen so many instances of the injurious effects on the minds, and even characters and morals, of young men, from placing them too early at the desk, he could not refrain from diverging thus far.
ficated special pleader, and by rules of court he may serve another year with the agent of his master.
It may with propriety be noticed here, that though articled clerks are bound by indenture as apprentices are, they are not considered by the law in the light of apprentices. It has, therefore, been decided that the bankruptcy of their master does not vacate the articles, nor are they entitled to a return of any part of the premium under the 6th Geo. IV., cap. 16, sec. 49. (See ex parte Prideaux, 3 M. and Cr. 327.)
ATTORNEY AND AGENT. Attorneys are bound by the acts of their agents, (Wallace v. Willington, Bar. 256 ;) and answerable for their mistakes or negligence, (Collins v. Griffin, Barnes, 37.) An attorney acting as agent for an unqualified person renders himself liable to be struck off the roll, (Re Jackson and Wood, 1 B. and C. 270.)
Attorneys' Lien for their Costs. An attorney has a lien on the papers and money! of his client, of which he obtained possession from or on bebalf of his client in his professional character, not only for costs incurred with respect to those particular papers, but for the general balance due to him in that character;" but such a lien does not extend to debts due to him in any other than in his professional character, as for money lent.
A solicitor can claim a lien on the papers of an opposite party, or other stranger, for costs due from his client, to the extent only tbat his client, in whose right only he claims such lien could do so. Thus 1 2 J. and W. 214.
Stevenson o. Blakelock, I M. and S. 535; Champer. nowne o. Scott, Mad. and Geld. 93; 2 Dea. and Chitt. 182.
Ex parte Nesbitt, 2 Sch. and Lef. 279; Hollis v. Claridge, 4 Taunt. 807; 1 M. and S. 543. o Worrall v. Johnson, 2 J. and W. 214.
Hollis v. Claridge, 4 Taunt. 809; Furlong o. Howard, 2 Sch. and Lef, 115; Ball v. Taylor, 8 Sim. 216.
deeds deposited with a solicitor by a tenant for life, cannot be retained against the remainder-man when he becomes entitled to them by the death of such tenant for life. Such lien as before mentioned extends only to those papers or documents of which the solicitor obtained possession in his professional character, but is not limited by the circumstance of their having been originally deposited with him for a particular purpose, if afterwards permitted to remain in his hands. It extends to money recovered in a suit in which he was employed, and also to funds in court,' but whether for the particular suit or on the general balance is not quite clear, to money recovered by judgment, or awardedu on a reference; to money ordered to be paid to his client for costs, and any other money received by him for his client," if he were entitled to receive them, but not otherwise. Thus a solicitor who, without the authority of the court, received the rents of an estate, of which a receiver had been appointed, was ordered to pay them over to the receiver, without reference to any lien he might otherwise have had on them. Where, however, in suits in equity, costs or other funds become ultimately due to both parties, the lien of the solicitor will extend only to the balance actually payable to his client."
In close connection with this subject, it may be
9 Ex parte Nesbitt, 2 Sch. and Lef. 279. ' Ex parte Pemberton, 18 Ves. 282. · Wilkins v. Carmichael, Dougl. 100; Welsh v. Hole, Id. 226.
+ 4 Madd. 391; 2 Jac."and W. 214; Irving o. Viana, 2 Young and J. 70. u Omerod v. Tate, 1 East, 463. " Ex parte Bryant, 2 Rose, 237.
"Skinner v. Sweet, 3 Mad. 244; Ex parte Bowden, 2 Deac. and Chitt. 182.
: Wickens v. Townsend, 1 Rus, and Myl. 361. .
" Taylor v. Popham, 15 Ves. 72; Bawtree v. Watson, 2 Keen, 13.
mentioned, that, where a sum of money is by decree or judgment payable to the client, his solicitor may give notice to the person liable to pay it, not to do so till his costs are paid, and thereby obtain a lien upon it. A solicitor has no lien upon an original will.a
In a recent case it has been decided, that the commissioners for taking the acknowledgments of married women have a lien on the instruments in their possession for the amount of their fees. The right of lien does not cease upon the death of the solicitor, but continues for the benefit of his representatives.
A solicitor has, in several cases, been held to lose his lien by taking security for his costs, though that does not necessarily deprive him of that privilege.d
If a solicitor refuses to proceed with the conduct of a cause, he will be ordered to deliver up all the papers which are necessary for the future conduct of the cause, but such order will be made without prejudice to the solicitor's lien, and the papers will be returned to him after the suit is brought to a close, if his right of lien should be then in existence.
The agent of a solicitor has, as against the solicitor employing him, a general lien upon the papers and costs received by him in that character;' but as against the clients of the solicitor, the agent has no greater lien than for the costs incurred by him in respect of the documents or moneys upon which the lien is claimed.
2 Cowell v. Simpson, 16 Ves. 282; Welsh v. Hole, Doug. 238.
a Georges v. Georges, 18 Ves. 294 ; Balch v. Sykes, T. and R. 87; Lord v. Wormleighton, Jac. 580.
• Ex parte Grove, 3 Bing. N. S. 304.
c Magrath v. Lord Muskerry, I Ridg. P. C. 477; Vern. 171, S. C.
Stevenson v. Blakelock, 1 M. and S. 535. • Colegrave, 1 T. and R. 400; Heslop v. Metcalfe, 8 Sim. 622, and 3 M. and Cr. 183. 16 Price, 210. 8 Moody v. Spencer, 2 Dowl. and Ryl. 6.