where he may be so served with notices, &c., he shall make the like entry thereof in the said book." R. H. 8 G. 3, K. B. So in the Exchequer office, a similar book is kept, in which every attorney admitted in that court must enter "his name and place of abode (or some other proper place) in London, Westminster, or the borough of Southwark, or within one mile of the said office," for the like purpose; and the same, upon every change of residence, &c. R. M. 1 W. 4, Ex. There is no such book, I believe, kept in any of the offices of the court of Common Pleas, except that in which the certificates are regisabove rules merely mention "notices, summonses, orders, tered, as already mentioned, ante, p. 54, 55. Although the and rules," they in fact extend to all proceedings; and where, in the Exchequer, the plaintiff's attorney, who resided at a distance of seven miles from London, had entered in the book his place of abode only, and not any place within a mile of the Exchequer office, as he should have done; and a plea was sent to him by post on the last day of pleading, but did not reach him until the next morning, after his clerk had judgment was signed accordingly: the court, upon application, gone to London for the purpose of signing judgment, and set aside the judgment. Blackburn v. Peat, 2 Cr. & M. 244. Formerly, if an attorney had not taken out his certificate for a Certificate, after default made in taking it out for a year.] year, his admission was void, and he was no longer deemed to be upon the roll of attornies. 37 G. 3, c. 90, s. 31. But this is repealed, by 6 & 7 Vict. c. 73; and now the only regulation upon the subject is, that if the attorney do not obtain his anregistrar will not grant him a certificate to obtain it, without nual stamped certificate within the time limited by law, the the order of the court or a judge authorizing him to do so. Id. 3. 25 (2). It is likely, however, that the courts, in granting such an order, will be governed by the same rules which they formerly observed upon the re-admission of attornies. if it appeared that he had not practised since the expiration of And formerly, when an attorney applied to be re-admitted, his last certificate, the court allowed him to be re-admitted, without the payment of any fine or arrears of duty, Ex p. Ex p. Matson, 2 D. & R. 238. Ex p. Clarke, 2 B. & A. 314. Cunningham, 1 Bing. 91. shall neglect to procure an annual (3) If any attorney or solicitor stamped certificate authorizing him to practise as such, within the time by law appointed for that purpose, then and in such case the said registrar shall not afterwards grant a certificate to such attorney or solicitor, without the order of the master of the rolls in the case of a solicitor, or of one of the courts of Queen's Bench, Com- the limits of the twopenny post, or 41. if he reside beyond them; but if he have been admitted three years or more, then he must pay 127. if he reside within the limits of the twopenny post, or 81. if he reside beyond them. The certificate remains in force until the 15th of November following, (54 G. 3, c. 144), no matter at what time of the year it is taken out. If taken out before the 16th December, it will bear date on, and have effect from, the 15th November preceding; but if taken out after the 16th December, it will be dated on, and have effect merely from the day on which it is taken out. One consequence of not taking out the certificate in time, is, that the attorney cannot recover his costs for any business done during the time he is uncertificated (y). The fact of an attorney not having taken out his certificate, however, will not affect the validity of his proceedings, to the prejudice of his client, Welch v. Pribble, 1 D. & R. 215. Smith v. Wilson, 1 Dowl. 545. Hilleary v. Hungate, 3 Dowl. 56. Glynn v. Hutchinson, 3 Dowl. 529, nor affect the client's right to costs. Reeder v. Bloom, 3 Bing. 9. -v. Sexton, 1 Dowl. 180. But where the proceedings in such a case are for the benefit, not of the client, but of the attorney only, the court will interfere, and will stay or set them aside, without costs. Thus, where a defendant being sued, paid the debt, but refused to pay the costs; and the plaintiff's attorney proceeded in the action to judgment and execution, for the purpose of recovering those costs which were still due to him: the court, upon application, stayed the proceedings, upon the ground that the plaintiff's attorney was neither certificated nor enrolled at the time these costs accrued. Meekin v. Whalley, 1 Bing. N. C. 59, and see Humphreys v. Harvey, Id. 62. Paterson v. Powell, 3 Moore & S. 195. Entry of the name, &c. in the book at the master's office.] Besides the entry of registry of the certificate above mentioned, the master of the court of Queen's Bench keeps an alphabetical book, open to the inspection of every person, in which every attorney of the court, residing in London or Westminster, or within ten miles thereof, shall, upon his admission, enter "his name and place of abode, or some other proper places within the cities of London and Westminster, where he may be served with notices, summonses, orders, and rules; and as often as such attorney shall change his place of abode, or place (y) No person who as an attorney or solicitor shall sue, prosecute, defend, or carry on any action or suit, or any proceedings, in any of the courts aforesaid, without having previously obtained a stamped certificate which shall then be in force, shall be capable of maintaining any action or suit at law or in equity for the recovery of any fee, reward, or disbursement for or in respect of any business, matter, or thing done by him as an attorney or solicitor as aforesaid, whilst he shall have been without such certificate as last aforesaid. Id. s. 26. where he may be so served with notices, &c., he shall make the like entry thereof in the said book." R. H. 8 G. 3, K. B. So in the Exchequer office, a similar book is kept, in which every attorney admitted in that court must enter "his name and place of abode (or some other proper place) in London, Westminster, or the borough of Southwark, or within one mile of the said office," for the like purpose; and the same, upon every change of residence, &c. R. M. 1 W. 4, Ex. There is no such book, I believe, kept in any of the offices of the court of Common Pleas, except that in which the certificates are regis. tered, as already mentioned, ante, p. 54, 55. Although the above rules merely mention "notices, summonses, orders, and rules," they in fact extend to all proceedings; and where, in the Exchequer, the plaintiff's attorney, who resided at a distance of seven miles from London, had entered in the book his place of abode only, and not any place within a mile of the Exchequer office, as he should have done; and a plea was sent to him by post on the last day of pleading, but did not reach him until the next morning, after his clerk had gone to London for the purpose of signing judgment, and judgment was signed accordingly: the court, upon application, set aside the judgment. Blackburn v. Peat, 2 Cr. & M. 244. Certificate, after default made in taking it out for a year.] Formerly, if an attorney had not taken out his certificate for a year, his admission was void, and he was no longer deemed to be upon the roll of attornies. 37 G. 3, c. 90, s. 31. But this is repealed, by 6 & 7 Vict. c. 73; and now the only regulation upon the subject is, that if the attorney do not obtain his annual stamped certificate within the time limited by law, the registrar will not grant him a certificate to obtain it, without the order of the court or a judge authorizing him to do so. Id. 3. 25 (z). It is likely, however, that the courts, in granting such an order, will be governed by the same rules which they formerly observed upon the re-admission of attornies. And formerly, when an attorney applied to be re-admitted, if it appeared that he had not practised since the expiration of his last certificate, the court allowed him to be re-admitted, without the payment of any fine or arrears of duty, Ex p. Clarke, 2 B. & A. 314. Ex p. Matson, 2 D. & R. 238. Ex p. Cunningham, 1 Bing. 91. Ex p. Thompson, 2 Dowl. 160, upon (z) If any attorney or solicitor shall neglect to procure an annual stamped certificate authorizing him to practise as such, within the time by law appointed for that purpose, then and in such case the said registrar shall not afterwards grant a certificate to such attorney or solicitor, without the order of the master of the rolls in the case of a solicitor, or of one of the courts of Queen's Bench, Common Pleas, or Exchequer, or of one of the judges thereof, in the case of an attorney, authorizing such registrar to issue such certificate; and it shall be lawful for the mas ter of the rolls, or for such court or judge, to make such order, upon such terms and conditions as he or they shall think fit. Id s. 25. his satisfying the court as to his reason for discontinuing to practise, see Ex p. Mayer, 5 Moore, 141. Ex p. Maliphant, 7 Moore, 495, and as to the manner in which he has since been employed. Ex p. Saunders, 2 Smith, 154. Where the year during which the party was uncertificated expired on a Sunday, and he applied for his certificate on the Monday, but was refused, the court upon application re-admitted him on the Tuesday, without requiring him to give the usual notices. Ex p. Knipe, 9 Dowl. 108. S. P. Ex p. Wybrow, Id. 197. And where an attorney ceased to take out his certificate, and discontinued his practice for two years, and then (without being re-admitted) took out his certificate, and practised: the court allowed him to be re-admitted, on payment of a nominal fine, and of the duty for the two years in which he had not taken out his certificate. Ex p. Sherwood, 7 Moore, 493. There was no particular time limited for this application; the court have entertained it after the lapse of many years. See Ex p. Cunningham, 1 Bing. 91. Ex p. Smith, 1 Chit. 692. Ex p. Calland, 2 B. & A. 315. But where a party had discontinued his practice for thirty years, and was employed in the meantime as an officer of the customs, Littledale, J. refused to re-admit him, saying that after such a lapse of time, without being in any way accustomed to legal practice, he was not fit to be re-admitted. Ex p. Billings, 5 Dowl. 395; and see S. P. Ex p. Rudge, 12 Law J., 186, qb. But where in a similar case, although the party had been off the roll for 27 years, yet as during the last two years he had been managing clerk to an attorney, and his master made a strong affidavit as to his capacity as a lawyer, Williams, J. allowed him to be re-admitted. Ex p. Brabant, 7 Dowl. 622. Where an attorney had been struck off the roll at his own request, the court allowed him to be re-admitted, even after the lapse of fifteen years, without payment of any fine or arrears of duty; Ex p. Calland, 2 B. & A. 315; but where an attorney was struck off the roll, at his own request, for the purpose of being called to the bar, and was called to the bar accordingly: the court afterwards refused to allow him to be re-admitted as an attorney. Exp. Cole, 1 Doug. 114. Where the party had continued to practise, after the expiration of his certificate, not knowing at the time that he was uncertificated, and the omission to take out his certificate was attributable solely to the misconduct of his clerk or to the mistake or inadvertence of his agent: the court have allowed him to be re-admitted, upon payment of the arrears of duty and a small fine, without giving the usual notices, Ex p. Dent, 1 B. & A. 189. Ex P. 1 Chit. 163, 646. Ex p. Davis, Id. 673. Re Winter, 8 Taunt. 129. Christian, 3 Moore, 578. Ex p. Ford. 1 Har. & W. 192. p. Thorpe, 3 Dowl. 592. Ex p. Rigby, 1 Nev. & M. 593. p. Leacroft, 4 B. & A. 90. Ex P. Ex Ex Ex p. Legh, 1 Dowl. N. C. 188, |