tificated attorney (u); but such permission must be in writing, and the proceedings must all appear in the name of the latter. of declare whe issued by his not. By the 17th section of the act 2 Will. IV. c. 39, s. 17, Attorney to every attorney whose name shall be endorsed on any writ ther any writ issued by authority of that act, must, on demand in wri- authority or ting made by or on behalf of any defendant, declare forthwith whether such writ has been issued by him or with his authority or privity; and if he answer in the affirmative, then in case the court or any judge of the same, or any other court shall so order and direct, he must also declare in writing, within a time to be allowed by such court or judge, the profession, occupation, or quality and place of abode of the plaintiff, on pain of being guilty of a contempt of the court from which such writ shall appear to have been issued; and if such attorney shall declare such writ was not issued by him, or with his authority or privity, the said court, or any judge of either of the said courts may, if it shall appear reasonable so to do, make an order for the immediate discharge of any defendant or defendants, who may have been arrested on any such writ, on entering a common appearance. should be on without Where an attorney in the country, not admitted in this No Attorney court, practises through an agent in town who is admit- the record ted and qualified, the proceedings on the record must be being admitin the name of the agent, otherwise the country attorney costs. cannot recover his costs (w). ted, or he can have no not to allow a An attorney wilfully and knowingly permitting any An Attorney person not admitted an attorney or solicitor to practise person not admitted to practise in his name. in his name, is liable to be struck off the roll (x). If an attorney's name be used by an unqualified person No unqua (u) 2 Geo. II. c. 23. (w) M. S. not yet reported. -M. T. 1832, C. S. (a) 2 Geo. II. c. 23, s. 17. lified person to use an Attorney's name. Proceedings may be set aside. An Attorney not admitted in Exche quer cannot without his knowledge the proceedings may be set aside (y). And if one attorney uses the name of another attorney without his authority the proceedings may be set aside, and an attachment against him will be granted (%). No attorney not admitted of this court can practise in his own name, and though the court will not set aside the practise in proceedings taken by him (unless it appear that the client was aware of the fact), yet the proceedings will be stayed until a proper attorney be appointed. name. No Attorney being a prisoner, to commence client. to permit a prisoner to practise. Does not extend to No attorney being a prisoner, or within the rules of any prison, can either in his own name or in the name of action for a any other attorney commence proceedings in any action, on pain of being struck off the roll, and any such proNo Attorney ceedings may be set aside; and any attorney permitting a prisoner to practise in his name is liable to the same penalty (a). This, however, does not extend to any proceedings proceedings commenced before the imprisonment of the commenced. attorney, nor to the proceeding upon a bail bond in an bond. action commenced before such imprisonment (b), nor to the defending any suit (c), nor to the commencement of any action at his own suit (d), the statute being confined to proceedings commenced by him for his clients. He, however, loses his privilege of freedom from arrest, and may be sued and held to bail as in ordinary cases against a prisoner (e). previously Nor on bail Nor defending any action. Nor at his own suit. An Attorney not to carry on business at two places. An attorney ought not to carry on business at two separate places by means of a clerk; and an attorney carrying on business at a different place from his usual residence, by means of an articled clerk, was held not entitled to recover his costs in respect of such business (ƒ); and there was a case in this court in which an attorney never having seen the client, but a writ having been issued by a clerk or agent in the name of an attorney, it was determined that the attorney could not recover for the same. tices, &c. are on Attornies. All notices to and services of summonses, &c. upon where noattornies practising in London or Middlesex, in respect of to be served proceedings taken in this court, and not requiring personal service, will be deemed sufficiently served if the same be left at the place mentioned in the book at the Exchequer Office, as the place of residence or business of the attorney, and may be left with any person resident there; and if the attorney has neglected to make such entry in the said book, then the fixing up the same in the Exchequer Office of Pleas in the usual place will be sufficient service. All rules, summonses, orders, notices, Must be pleadings, proceedings, &c. must be delivered and left o'clock. before nine o'clock at night; if left after that time, the service is void (g). before nine of one Court Attorney of another An attorney of one court sued by an attorney of an- An Attorney other court cannot plead his privilege; the privilege of sued by an the court in which the action is commenced being pre- autoses ferred (h). When the plaintiff is an attorney he may bring his May bring action in his own court (i), and lay and retain the same his own (f) Taylor v. Glassbrook, 3 Stark. 75. Hopkinson v. Smith, 1 Bing. 15. (g) R. G. Ex. M. T. 1 Will. IV. (h) 2 Brownl. 266. 2 Str. 837. 1 Barnard, 182, 288. 1 Bl. R. 19. privilege. his action in Court. Not to be changed without an order. His costs first paid. Not necessary to be in Middlesex (k); but an attorney defendant is not entitled to change the venue to Middlesex if laid in another county (7); and it is said an attorney is entitled to have his cause tried at bar (m). All these privileges, however, may possibly be considered as abolished by the act for the uniformity of process.-See "Privilege." An attorney cannot be changed in a cause without the leave of the court or the order of a baron (n). The court will not permit an attorney in a cause to be changed until his bill of costs has been settled and paid, unless the attorney consents (o). It does not, however, appear necessary for the purpose changed on a of bringing a writ of error for defendant, to change the writ of Error. If the Attorney die. New Attorney must ob &c. attorney (p). If the attorney in the cause happen to die during the progress of the suit notice must be given to the opposite party before the new attorney can proceed in the cause: there should be a baron's order appointing him obtained and a copy served (q). The new attorney, when appointed, must observe all serve rules, the rules, orders, &c. under which the first attorney was bound, and would have been liable had he continued to act (r). An Attorney not bound to An attorney cannot be compelled to commence or commence or defend any action; but if he gives an undertaking in defend an Action. writing to appear, the court or a baron will compel him to do so, the undertaking must, however, be in writing (s). There appears, however, a case where a plaintiff not being able to get an attorney to act for him applied to the court to have one appointed on his behalf, and the court appointed one accordingly (t). ney practis an agent sub. ject to sum mary jurisdiction. It would seem that an attorney not of this court, but An Attorpractising therein through an agent, is subject to the ing through summary jurisdiction of this court, and will be compelled to perform an undertaking to pay debt and costs, although the undertaking be void by the statute of frauds (u). off Roll in May be Where an attorney has been struck off the rolls of one when struck of the superior courts on the report of the master, he one Court. will, on a motion for that purpose, be struck off the rolls of another court, unless sufficient cause be shown against the motion (w); but there may be cases in which the court will not strike the attorney off the roll who has been struck off the roll of another court, particularly where the reason of his being struck off the roll does not struck off appear (x). And there is a case (y), where an attorney having been struck off the rolls of the Court of King's Bench and Common Pleas, upon an application to the Court of Chancery to strike him off the rolls of that Attorney off court, Lord Eldon refused so to do without first know- without ing and judging of the grounds upon which he was so whole Case. another. Lord Chan cellor will not strike an the Roll hearing the |