"the writ, besides the ordinary course of amerciaments, the contempt or "misdemeanor appearing, an attachment, information, commitment or fine "shall be, as the case requireth; and this as well in case of a late, as the "present sheriff, &c." There are other officers, who may here be noticed, though they are not properly officers of the court. These are the officers who attend on the Officers at nisi prius. trial of causes at nisi prius in London and Middlesex, consisting of the clerk of nisi prius, associate and marshal, crier, and train-bearer, who are appointed by the chief justice; and the officers belonging to the different On circuits. circuits, namely, the clerk of assize, associate, clerk of arraigns, clerk of indictments, judge's marshal, crier, clerk, steward, and tipstaff. For a more particular account of the Officers of the Courts, their appointment, duties, and fees, &c. see the Report of the Select Committee of the House of Commons, CHAP. III. Attorney, what, and how for Of the ADMISSION, ENROLMENT, CERTIFICATES, and RE- AN attorney is a person put in the place, stead, or turn of another, to merly appointed. manage his concerns; and may be either appointed to prosecute or defend an actiona, or for other purposes b. Before the statute Westm. II. (13 Edw. I.) c. 10. the parties to a suit could not have appeared by attorney, without the king's special warrant, by writ or letters patent; but must have attended the court in person. By the above and other ancient statutes, a general liberty was given to the parties, of appearing and prosecuting or defending their suits by attorney; in consequence whereof the increase of attornies was so great, that several acts of parliament were made to regulate them, and limit their number. And, by the statute 3 Jac. 1. c. 7. § 2. it was enacted, that "none should from thenceforth be admitted "attornies, in any of the king's courts of record at Westminster, but such 66 as had been brought up in the same courts, or otherwise well practised "in soliciting causes; and had been found by their dealings to be skilful, "and of honest dispositions." In confirmation of this statute, a rule was made in both courts, that none should be admitted an attorney therein, unless he should have served, by the space of five years, as a clerk to some judge, serjeant at law, practising counsel, attorney, clerk, or officer of one of the courts at Westminster; and were also, on examination, found of good ability and honesty for such employments. And it was then usual to nominate twelve or more able practisers of the courts yearly, whose business it was to examine such persons as should desire to be admitted attornies: which persons were first to attend the prothonotary, with their proof of service, and then to repair to the persons appointed to examine them, and on being approved, were to be presented to the court and sworn in, unless some just exception were made against them §. It was also necessary that attornies a Com. Dig. tit. Attorney, A. B. b Id. C. and see 3 Blac. Com. 25. Co. Lit. 128. a. 2 Inst. 249. 378. F. N. B. 25. C. Gilb. C. P. 32. 4 Com. Dig. tit. Attorney, B. 5. e 4 Hen. IV. c. 18. 33 Hen. VI. c. 7. See also the rules of M. 15 Eliz. § 10. T. 24 Eliz. § 9. & H. 14 Jac. I. reg. 2. § 2. C. P. f R. M. 1654. § 1. K. B. & C. P. and see R. H. 8 Car. I. § 3. C. P. & R. M. 1654. § 4. K. B. & C. P. should be admitted, and reside in or near some inn of court or chancery, and keep commons there a. At length, by the statute 2 Geo. II. c. 23. § 5. (continued by 12 Geo. Qualification of, II. c. 13. § 3. and 22 Geo. II. c. 46. § 2. and made perpetual by 30 Geo. II. 66 c. 19. § 75.) it was enacted, that "no person shall be permitted to act as an 66 24 €. any II. c. 23. § 5. by stat. 2 Geo. Contract in writing, and setvice, for five years, &c. Penalty for practising, without being ad mitted. court, &c. By subsequent statutes, it is made penal for any person to act as an at- In county torney in the county court, or at any general or quarter sessions of the peace, unless such person shall have been duly admitted an attorney, and enrolled as aforesaid. And, by the statute 34 Geo. III. c. 14. § 4. "in case R. M. 1654. § 1. R. M. 3 Ann. K. B. R. M. 1654. § 1. R. T. 29 Car. II. reg. 1. R. M. 36 Car. II. R. M. 4 Ann. C. P. Append. Chap. III. § 1. But see 2 Blac. Rep. 734. 957. where attornies were admitted by the court of Common Pleas, under special circumstances, though they had not regularly served the whole term of five years under the original 12 Geo. II. c. 23. § 24. and see 7 Moore, f 12 Geo. II. c. 13. §7. 22 Geo. II. c. 46. § 12. Great sessions in Wales, or counties palatine. Proviso, in favour of six clerks in Chancery. any person, other than such who shall have been admitted an attorney "in one of the courts of Great Sessions in Wales, or of the counties pala"tine of Chester, Lancaster or Durham, or in some other court of record in 66 England where attornies have been accustomably admitted and sworn, by virtue of a contract made before the 5th and 10th days of February "1794 respectively, and a service in pursuance thereof, or who shall have "been admitted a solicitor in one of the said courts of Great Sessions, or "of the said counties palatine, or some other inferior court of equity in England, by virtue of a like contract and service, and according to the "directions of the several acts then in force for the regulation of attornies "and solicitors respectively, shall, in his own name, or in the name of any "other person, sue out any writ or process, or commence, prosecute or de“fend any action or suit, or any proceedings, in any of the said courts at Westminster, as an attorney or solicitor, for or in expectation of any gain, "fee or reward, without being admitted and enrolled an attorney or solici"tor in one of the said courts at Westminster, according to the directions "of the several acts in force for the regulation of attornies and solicitors, 66 every such person shall, for every such offence, forfeit the sum of one "hundred pounds; one moiety thereof to the use of his majesty, and the "other moiety, with full costs of suit, to the use of such person who shall prosecute for the said offence, by action of debt, &c. in any of his ma 66 jesty's courts of record at Westminster: And such person is thereby also "made incapable to maintain or prosecute any action or suit, in any court "of law or equity, for any fee, reward or disbursements, on account of prosecuting, carrying on or defending any such action, suit or proceeding." An attorney therefore, who has been admitted in one of the courts of Great Sessions in Wales, or of the counties palatine of Chester, Lancaster, or Durham, &c. since the 10th day of February 1794, is not entitled to practise in the courts at Westminster, without being also admitted an attorney therein; and he cannot be so admitted, unless the higher duty was paid on his articles of clerkship. There is a proviso, however, in the statute 2 Geo. II. c. 23. § 26. that nothing therein contained shall extend, or be construed to extend, to the "examination, swearing, admission, or enrolment of the six clerks of the "court of Chancery, or the sworn clerks in their office, or the waiting " clerks belonging to the said six clerks, or the cursitors of the said court, "or of the clerks of the petty bag office, or of the clerks of the king's " coroner and attorney in the court of King's Bench, or of the filacers of "the same court, or of the filacers of the court of Common Pleas at "Westminster, or of the attornies of the court of the duchy chamber of "Lancaster, or of the attornies of the court of Exchequer at Chester, or "of the attornies of the courts of the lord mayor and sheriffs of London respectively, for the time being; but that the said clerks, filacers, and "attornies respectively, shall and may be examined, sworn, admitted, en"rolled, and practise, in their respective courts and offices aforesaid, in "like manner as they might have been or done before the making of that "act." And, by the statute 49 Geo. III. c. 28. § 1. " persons having ner "served a clerkship of five years, to some of the clerks of the king's coroand attorney in the court of King's Bench, who have been regularly admitted as such clerks, shall and may be approved, sworn, and ad"mitted to practise, and may practise as attornies in the said court of 66 66 King's Bench, and may also practise in any other of the courts of re"cord in the said recited act mentioned, in the name, and with the con"sent of some sworn attorney of such court, such consent to be in writing, " and signed by such attorney as aforesaid, in like manner as the attornies "of such court, or the attornies or clerks of the offices of the king's re"membrancer, treasurer's remembrancer, pipe, or office of pleas in the "court of Exchequer at Westminster, are in and by the said act empowered "to do"." 66 Also, by the statute 1 & 2 Geo. IV. c. 48. § 1. (as amended by the statute 3 Geo. IV. c. 16.) “in case any person, who shall have taken the degree of bachelor of arts, or bachelor of law, either in the university "of Oxford or Cambridge, or in the university of Dublin, shall, at any "time after he shall have taken such degree, be bound by contract in writing to serve as a clerk, for and during the space of three years, to "an attorney or solicitor, &c. in some or one of the courts of law or equity " in the therein recited acts of the second, seventh, and twenty-second "years of the reign of king George the second mentioned, and during the "said term of three years shall continue in such service, and during the "whole time of such three years' service, shall continue and be actually "employed by such attorney or solicitor, or his agent or agents, in the "proper business, practice or employment of an attorney or solicitor, and "shall also cause an affidavit, or being one of the people called Quakers, a "solemn affirmation, of himself, or of such attorney or solicitor to whom "he was bound as aforesaid, to be duly made and filed, that he hath actually and really so served and been employed, during the said whole " term of three years, in like manner as is required by the said recited "acts, with respect to persons thereby required to serve for the term of "five years, shall and may be qualified to be sworn, or to take his solemn affirmation, and to be admitted and enrolled as an attorney or solicitor respectively, according to the nature of his service, in the several and "respective courts of law or equity, as fully and effectually to all intents " and purposes, as any person, having been bound, and having served five years, is qualified to be sworn, or to take his solemn affirmation, and to "be admitted or enrolled, under or by virtue of the said recited acts, or 66 66 any other act or acts for the regulation of attornies or solicitors in Eng "land. Provided always, that nothing in this act contained shall extend 66 to any person who shall have taken such degree of bachelor of arts, un"less such person shall have taken such degree within six years next after "the day when he shall have been first matriculated in the said univer"sities respectively; nor to any person who shall have taken such degree " of bachelor of law, unless he shall have taken the same within eight years after such matriculation; nor to any person, who shall be bound 2 Geo. II. c. 23. § 27. Extended to served clerks of king's coroner and attorney. persons having When clerk has taken degree, at university. |