the following term. Ex p. Ridley, 2 Har. & W. 66. Where both master and clerk had two christian names, and they were described by both in the notices, but by one only in the articles: the court allowed the clerk to be admitted, on an affidavit of the identity of the party. Ex p. Croft, 1 Har. & W. 375, 5 Nev. & M. 58.

The form of the notice will be found in the Appendix.

In some cases, under peculiar circumstances, where the clerk was going to one of the colonies, or a foreign country, to practise there as an attorney, the court, upon special application for the purpose, have allowed him to be admitted, beforehis notices have been given the time required by the rules above mentioned. See Ex p. Hulme, 1 Har. & W. 366, 4 Dowl. 88. Ex p. Lawson, 2 Har. & W. 85. Exp. Handcock, Id. 99.

It will be perceived that these notices must be given three days exclusive before the commencement of the term next preceding that in which the clerk is to be admitted; (ante, pp. 51, 52;) and therefore if the clerk be not admitted in the second term, all these notices must be again given, before he can apply for admission. Ex p. Blunt, 12 Law J., 97, qb. In one case, indeed, where, under peculiar circumstances, the clerk did not apply until the third term, Littledale, J. although he could not order him to be admitted then, granted a rule that upon then giving his notices, he should be admitted on the last day of the fourth term. Ex p. Southern, 6 Dowl. 26.

Swearing, admission, &c.] Engross an affidavit of service (r), (see the form, in the Appendix,) and annex it to the copy of the articles executed by your master; also engross an affidavit of the stamp duty being paid, (see the form, in the Appendix,) and let both affidavits be sworn before a judge.

Having made these two affidavits, call at the master's office, and get the original affidavit of the execution of the articles, which you had filed there (s.) Pay him 2s. 6d. Then take these

(r) Every person who shall have been or shall be bound as a clerk as aforesaid, shall, before he be admitted an attorney or solicitor according to this act, prove, by an affidavit of himself or of the attorney or solicitor to whom he was bound as aforesaid, or such agent, barrister, or special pleader as aforesaid, to be duly made and filed with the proper officer herein-before mentioned, that he hath actually and really served and been employed by such practising attorney, solicitor, agent, barris. ter, or special pleader, during the whole time and in the manner required by the provisions of this VOL. 1.

d

act, and in the form to be ap. proved by the judges of the court wherein such person shall apply to be admitted. Id. s. 14.

(s) No person, who shall from and after the passing of this act become bound as aforesaid shall be admitted an attorney or solicitor, before such affidavit so marked as aforesaid shall have judge to whom such person shall been produced to the court or apply to be admitted an attorney or solicitor, in pursuance of the provisions hereinafter contained, unless such court or judge shall be satisfied that the same cannot be produced, and shall think fit.

three affidavits, your articles, (see Ex p. Clarke, 3 B. & A. 610. Ex p. Nicholls, 1 Dowl. N. C. 263,) and the certificate of the examiners as to your fitness, to the chambers of one of the judges of the court, and give them to the clerk, who will thereupon obtain the judge's fiat for your admission; pay him one guinea. Then take the fiat, affidavit of due execution, articles, and certificate to the master's office; give them to the clerk, and pay him at the same time 251. (the stamp duty on your admission,) and his fees. Attend afterwards at Westminster, at such time as he may appoint, and you will be sworn (t), and sign the oath roll; and your admission on stamped parchment, signed by one of the judges or masters, will be delivered to you (u.) Pay the crier Is. You then take for the oath, and 5s. on your signing the roll. this admission to the master's office (v), and the clerk there will

to dispense with the production thereof. Id. s. 10.

(1) Every person who shall pursuant to this act apply to be admitted an attorney or solicitor, admitted he be shall, before and enrolled as aforesaid, take and subscribe the oath, or, if he be one of the people called Quakers, the affirmation, followng: 'I A. B. do swear [or solemnly affirm, as the case may be], That I will truly and honestly demean myself in the practice of an attorney [or solicitor, as the case may be,] according to the best of my knowledge and ability. So help me God.' Id. 8. 19.

(u) It is provided by the act, that every person who at the time of the passing of this act shall have completed his period of service according to the laws in force at the time of the passing of this act, but shall not have been admitted an attorney or solicitor in pursuance of such service, shall, if otherwise qualified, be capable of being admitted and enrolled an attorney or solicitor, in pursuance of the provisions of this act, in the same manner in all respects as if he were actually bound by contract in writing at the time of the passing of this act. Id. s. 44.

(v) The masters of the several courts of law at Westminster, or such other person or persons as the lord chief justice of the court of Queen's Bench, the lord chief justice of the court of Common Pleas, and the lord chief baron of the court of Exchequer, shall for that purpose severally and res

pectively appoint, shall be deemed
and taken to be the proper officers
for filing such affidavits as afore-
said in the said respective courts,
and they shall have the custody
and care of the rolls or books
wherein persons are at present
enrolled as attornies in the said
respective courts, and shall and
they are hereby respectively re-
quired from time to time, without
fee or reward, other than such
sum or sums as are mentioned in
the second schedule hereunto an
nexed, to enrol the name of every
person who shall be admiited an
attorney in the said respective
courts, pursuant to the directions
in this act, and the time when ad-
mitted, in alphabetical order, in
rolls or books to be provided and
kept for that purpose in their se
veral and respective offices; and
also that the Queen's remem-
brancer in the court of Exchequer
or his deputy, and the chief clerk
of the court of the duchy chamber
of Lancaster at Westminster or his
deputy, and the prothonotaries of
the courts of the counties palatine
of Lancaster and Durham or their
deputies, or such person or per
sons as the lord chief justice of
the court of Queen's Bench, the
lord chief justice of the court of
Common Pleas, and the lord chief
baron of the court of Exchequer
shall jointly appoint, shall have
the custody and care of the rolls
or books wherein persons are at
present enrolled as attornies and
solicitors in the said last-men-
tioned respective courts, which
said prothonotaries of the courts

enter your name upon the roll of the attornies of the court. Pay him 10s. This enrolment is made by the masters of the Queen's Bench and Exchequer, as a matter of course, even without instruction; but it is otherwise in the Common Pleas. In prudence you should see that it is done, for an omission in this respect may be of serious consequences to you. An attorney, although admitted, yet if not enrolled, has no legal right to costs; and in a late case, where the attorney for the defendant was not enrolled, the court of Common Pleas stayed the proceedings, upon a verdict for the defendant, without costs. Humphreys v. Harvey, 1 Bing. N. C. 62, 2 Doul. 827. And in a similar case, where an action for penalties was brought against the attorney for practising, his name not being on the roll of attornies, the court held that they could not relieve him, by allowing his name to be enrolled nunc pro tunc, as the right of a third person would thereby be compromised; they intimated, however, that they would have done so, if the action had not been brought. Ex p. Swift, 1 Bing. N. C. 734, 1 Hodg. 175.

If an admission be fraudulently obtained, the court will strike the party off the roll; and if the master be concerned in the fraud, they will grant an attachment against him. Ex p. Hill, 2 W. Bl. 991.

After being thus admitted and enrolled, the party then ob

of the counties palatine of Lancaster and Durham or their deputies, or such person or persons as shall be appointed as last mentioned, shall be deemed and taken to be the proper officers for filing such affidavits as herein-before mentioned in the court of Common Pleas at Lancaster and the court of pleas at Durham respectively; and he and they is and are hereby respectively required from time to time, without fee or reward, other than such sum or sums of money as are now payable to enrol the name of every person who shall be admitted an attorney in the said last-mentioned respective courts pursuant to the directions in this act, and the time when admitted, in alphabetical order, in rolls or books to be provided and kept for that purpose in their several and respective offices; and also that the senior clerk of the petty bag office in the court of Chancery, or his deputy, the chief clerk of the duchy chamber of Lancaster at Westminster, or his deputy, the registrars of the respective courts of equity in the

counties palatine of Lancaster and Durham, and such other person or persons as the master of the rolls shall for that purpose appoint, shall have the custody and care of the rolls or books wherein persons are at present enrolled as solicitors, and which said clerk of the petty bag office, or such other person or persons as shall be appointed as last mentioned, shall be deemed and taken as the proper officer or officers for filing such affidavits as herein-before mentioned in the court of Chancery; and he and they is or are hereby also respectively required from time to time, without fee or reward other than as last aforesaid, to enrol the name of every person who shall be admitted a solicitor pursuant to the directions in this act, and the time when admitted, in alphabetical order in rolls or books to be kept for that purpose, -to which rolls or books in the said courts of law or equity respectively all persons shall and may have free access, without fee or reward. Id. s. 20.

tains his certificate, and has his name and address entered in the book kept for the purpose in the master's office, as directed, post, p. 58.

Attorney.

1. His certificate, privileges, &c.

Certificate.] After an attorney is admitted, sworn, and enrolled, still he cannot practise as an attorney, until he have first obtained and entered his certificate; otherwise he will be liable to a penalty of 501. 37 G. 3, c. 90, s. 30. See Edmonson v. Davis, 4 Esp. 14, 3 B. & P. 382. Barnard v. Gosling, 2 East, 569. Slack v. Wilkins. 1 Cr. & M. 23, and see Eyre v. Shelley, 6 Mees. & W. 269. Re Hodgson & Ross, 3 Ad. & El. 224. Hodkinson v. Mayer, 6 Ad. & El. 194. For this purpose, it is necessary, in the first place, to deliver to the registrar of attornies () a declaration in writing, containing the party's

name and place of residence, the court or one of the courts of which he is an attorney, and when admitted; and if he be entitled to the stamped certificate, the Registrar will give him a certificate to that effect; fee 1s. 6d.; and upon producing that at the stamp office, the stamped certificate will be given to him, upon payment of the duty (x). The duty is regulated by the stamp act, 55 G. 3, c. 184, thus: if the attorney have not been admitted three years, he is to pay 67. if he reside within