PART IV. CLASS II. ATTORNEYS AND OTHER OFFICERS-PROCHEIN AMY. [No. I.] 1 W. 4. c. 70.-An Act for the more effectual Administration of Justice in England and Wales. [23rd July, 1830.] X. That all persons admitted or admissible to practise as attornies in Attornies of the courts of king's bench and common pleas shall be admissible in like king's bench or manner as attornies of the court of exchequer, and be admitted and al- common pleas lowed to practise there as such, upon application to the barons of that may practise in court, without being obliged to employ any clerk in court in the capacity the exchequer in like manner. of attorney of the court of exchequer, any law or usage to the contrary notwithstanding; and that it shall be lawful for the barons of the said Fees of clerks. court, and they are hereby required, to distinguish by their rules and orders the fees which shall continue to be taken by the sworn and side clerks of the court for the duties performed as officers of the court, similar to the duties of the officers of the other superior courts, from such fees and charges as shall be allowed to be taken by the attornies so admitted to practise, so that the amount of such fees and charges upon the whole do not exceed the amount and rate of such fees and charges as are now allowed upon the taxation of costs. (1) XI. That in all cases relating to the practice of any of the courts of Judges may king's bench, common pleas, or exchequer, in matters over which the make rules for said courts have a common jurisdiction, or of or relating to the practice regulation of of the court of error before mentioned, it shall be lawful for the judges courts (2). of the said courts jointly, or any eight or more of them, including the chiefs of each court, to make general rules and orders for regulating the proceedings of all the said courts; which said rules and orders so made shall be observed in all the said courts; and no general rule or order respecting such matters shall be made in any manner, except as aforesaid. ment of certain XVI. That all persons who on or before the passing of this act shall Attornies of have been admitted as attornies and shall then be practising in any of courts of great the courts of sessions or great sessions in the county palatine of Chester sessions alor in Wales respectively, shall be entitled, upon the payment of one lowed to pracshilling, to have their names entered upon a roll to be kept for that tise, on paypurpose in each of the superior courts of Westminster, and thereupon fees. be allowed to practise in such courts in all actions and suits against persons residing, at the commencement of the suit, within the county of Chester or principality of Wales; and that all persons having served or now actually serving as clerks to such attornies under articles, and who would otherwise be entitled to be admitted as attornies of the said courts of great sessions, may, on or before the expiration of six months after the passing of this act, be admitted as attornies of the said courts at Westminster, for the purpose of practising there, in the like matters (1) The privileges of the sworn and side clerks are not abolished by this statute nor by the 2 & 3 W. 4, c. 110; they may, therefore, still arrest other attorneys who become indebted to them by capias of privilege, in the same way as they did before. Stokes v. White, 2 Doul. P. C. 703; 1 C. M. & R. 223, S. C. (2) Numerous rules of court have been from time to time made by the judges in pursuance of the power given them by the above clause. No. I. only, without payment of any greater duty than would be now payable 1 W. 4, c. 70. by law upon their admission as attornies of such courts of great sessions respectively. Attornies of great sessions may be admitted as attornies at Westminster. Masters extraordinary acting in courts abo lished by this act allowed to exercise same powers, upon certain con ditions. XVII. That all attornies and solicitors now actually admitted and practising in any of the said courts of sessions or great sessions may be admitted as attornies of the said courts at Westminster, in like manner as is now or may be hereafter prescribed for the admission of other persons as attornies therein, upon payment of such sum for duty, in addition to the sum already paid by them in that behalf, as shall, together with such latter sum, amount to the full duty required upon admission of attornies in the said courts at Westminster; and that all persons having served or now actually serving under articles as clerks to such attornies or solicitors of any of the said courts of sessions or great sessions, may, at the expiration of their respective times of service, be admitted as attornies of the said courts at Westminster, in like manner and upon payment of the like duty, as if they had served under articles as clerks to attornies of the last-mentioned courts. XVIII. That any person who shall have been duly appointed a commissioner for taking affidavits, or a master extraordinary in chancery of any of the courts abolished by this act, shall, upon producing his appointment before the proper officer, and upon the payment of one shilling, be entitled to have his name inserted in a list to be kept for that purpose of such commissioners or masters extraordinary, as the case may be, and to exercise, within the limits of his existing commission or commissions, the same power and authority, and for the same purposes, as if his commission had issued from one of his Majesty's courts at Westminster. Indemnity to serve as clerks [No. II.] 5 & 6 W. IV. c. 11.-An Act to indemnify such VI. WHEREAS many persons who may have paid the proper stamp No. II. 5 & 6 W. 4, c. 11. cause any such affidavit or affidavits as aforesaid to be made and filed, or such contract or indenture to be enrolled, and who, on or before the first day of Hilary term one thousand eight hundred and thirty-six, shall cause such contract or indenture to be enrolled with the proper officer in that behalf, and one or more affidavit or affidavits to be made, and afterwards to be filed, in such manner as the same ought to have been made and filed in due time, shall be and is hereby indemnified, freed, and discharged from and against all penalties, forfeitures, incapacities, and disabilities in or by any act or acts of parliament mentioned, and incurred or to be incurred for or by reason of such neglect or omission; and every such affidavit and affidavits so to be made, and which shall be duly filed on or before the first day of Hilary term one thousand eight hundred and thirty-six, shall be as effectual to all intents and purposes as if the same had been made and filed within the respective times the same ought, by the laws now in being for that purpose, to have been made and filed; and that the respective officer or officers who ought to receive, file, enter, or register such contract or indenture, or affidavit or affidavits, shall not refuse to receive, file, enter, or register the same by reason that the attorney, solicitor, or notary public to whom such infant or other person shall have been articled or have contracted to serve, shall have neglected to take out his annual certificate, or to register the same, but such officer or officers are hereby directed and empowered to receive, file, enter, or register the same, notwithstanding such omission; and that every person who shall have regularly served any Neglect of atattorney or attornies, solicitor or solicitors, notary public or notaries tornies, &c. in public, for the term of years required by law, shall not be prevented or taking out disqualified from being admitted an attorney, solicitor, or notary public, their annual by reason of any omission of the person or persons to whom he served certificates not for the same term, or for any part thereof, having so neglected to take to disqualify out his annual certificate, or to register the same, provided that such person is otherwise entitled to be created and admitted to such office by the laws now in force relating thereto. the persons who have served them. VII. That in case the attorney, solicitor, proctor, or notary to whom Defects in the any person shall have duly served his clerkship under articles in writing service, &c. of for that purpose shall after such service of the clerk be struck off the attornies not to roll in consequence of some defect in the service under the articles of disqualfy perclerkship or of the admission and enrolment of such attorney, solicitor, sons who have proctor, or notary, the person who has so duly served his clerkship shall served them. not be prevented or disqualified from being admitted and enrolled as an attorney, solicitor, proctor, or notary, nor liable to be struck off the roll, if admitted, by reason of any such defect as aforesaid, provided that such clerk or person be otherwise entitled to be admitted and enrolled according to the laws now in force relating thereto. roll for defect VIII. That no person who has been admitted and enrolled and in Applications actual practice as an attorney, solicitor, proctor, or notary shall be liable for striking atto be struck off the roll for or on account of any defect in the articles of tornies off the clerkship, or the registry thereof, or the service under such articles, or in articles, &c. of his admission and enrolment, unless the application for striking him off the roll be made within twelve months from the time of his admission within twelve and enrolment, provided that such articles, registration, service, admis- months of adsion, or enrolment be without fraud. to be made mission. IX. Provided always, That this act or any thing herein contained Not to restore shall not extend or be construed to extend to restore or entitle any per- persons to any son or persons to any office or employment, benefice, matter, or thing office avoided whatsoever, already actually avoided by judgment of any of his Majesty's by judgment. courts of record, already legally filled up and enjoyed by any other person; but that such office or employment, benefice, matter, or thing, so avoided or legally filled up and enjoyed, shall be and remain in and to the person or persons who is or are now or shall at the passing of this act be legally entitled to the same, as if this act had never been made. X. That in case any action, suit, bill of indictment, or information General issue. No. II. 5 & 6 W. 4, c. 11. shall from and after the passing of this act be brought, carried on, or prosecuted against any person or persons hereby meant or intended to be indemnified, recapacitated, or restored, for or on account of any forfeiture, penalty, incapacity, or disability whatsoever incurred or to be incurred by any such neglect or omission, such person or persons may plead the general issue, and upon their defence give this act and the special matter in evidence upon any trial to be had thereupon. [For the clauses of the Uniformity of Process act relating to attorneys, see post, Part IV., Class 3. By a rule of Hilary term, 2 W. 4, a special admission of prochein amy, or guardian to prosecute or defend for an infant, shall not be deemed an authority to prosecute or defend in any but the particular action or actions specified.] PART IV. CLASS III. ORIGINAL WRIT, PROCESS, ARREST, IMPRISONMENT, BAIL, [No. I.] 1 W. IV. c. 33.-An Act to continue for one Year [No. II.] 1 W. IV. c. 38.-An Act to continue and amend the Laws for the Relief of Insolvent Debtors in England (1). [16th July 1830.] WHEREAS an act was passed in the seventh year of the reign of his present Majesty, intituled An Act to amend and consolidate the Laws 7 G 4, c 57. for the Relief of Insolvent Debtors in England; and it is expedient to continue the said act; be it therefore enacted, &c. and by the authority Recited act of the same, That the said act shall be and the same is hereby conti- continued. nued. II. That all provisions in the said act contained, concerning the re- Certain provimoval of assignees and the appointment of new assignees, and con- sions in recited cerning assignees' accounts, and concerning the amount of debts, and acts to extend claims to receive dividends, and the ascertaining thereof, and concerning to all persons all matters to be done and observed, when it may appear to the court for petitioning. relief of insolvent debtors in any case that all debts have been discharged, and concerning the proof or evidence of conveyances and assignments, and of all proceedings had or being of record in the said court, shall be deemed to extend to the cases of all persons who petitioned under the several acts recited in the said act, as well as of persons petitioning under the said act. III. And whereas doubts have arisen whether warrants of attorney, Warrants of executed by insolvent debtors before adjudication made in the matters attorney exeof their petitions pursuant to the several acts passed for their relief, are cuted by prito be deemed secret warrants of attorney within the meaning and prosoners under visions of an act passed in the third year of the reign of his present acts for their relief declared Majesty, intituled An Act for preventing Frauds on Creditors by secret not to be within Warrants of Attorney to confess Judgment; it is hereby declared and en- 3 Geo. 4, c. 39. acted, That such warrants of attorney, executed and to be executed as aforesaid, are not within the meaning and provisions of the said lastmentioned act, and that the saine have been, are, and shall be valid and effectual; any thing in the said last-mentioned act, or in any act extending the provisions thereof, notwithstanding. IV. And whereas it is for the benefit of prisoners petitioning the said Adjudication court, and especially of those whose cases may be heard before a com- may be made missioner on circuit, or before justices of the peace at their quarter ses (1) See post, the 2 W. 4, c. 44. conditional in certain cases. |