except a notice to the stamp office of the intended application. Ex p. Franks, 3 Dowl. 319. Ex p. Bridgman, 3 Dowl. 371. So, where the party, through the mistake of his agent, paid only 41. instead of 81. a year for his certificate, for some years, and his agent, by accident, omitted to take out his certificate during the last year, of all which the attorney himself was ignorant, Patteson, J. allowed him to be re-admitted, on payment of the arrears of duty, and a fine of 20s. Ex p. Jones, 2 Dowl. 199.

Where the party had knowingly acted without his certificate, the court would not re-admit him without payment of a fine, as well as of the duty for the years in which he had so acted. Ex p. Stonecroft, 1 Har. & W. 368. Ex p. Minchin, 5 Dowl. 253. And even on these terms, the court did not attend very favourably to applications of the kind. Ex p. Philpot, 3 Dowl. 339. Ex p. Lowerton, 1 Hodg. 77. But where actions for penalties had been brought against the party for acting without his certificate, and the penalties were remitted by the commissioners of stamps, Littledale, J. said that under such circumstances the party stood in the same situation as a person who had not practised, and he ordered him to be readmitted on taking out his certificate for the current year, Ex p. Tufkin, 1 Har. & W. 516. And where it was by mistake that the certificate was not taken out within the year, Littledale, J. allowed the party to be re-admitted, upon paying a fine of 20s. and the arrear of duty, without the usual notices. Ex p. Minchin, 5 Dowl. 253. So, where the party acted as attorney abroad, it was holden that he might be readmitted upon the same terms of re-admission as where the party had not practised; for the statute extends only to practising in this country. Ex p. Philcox, 2 Dowl. 450. And the same, where the only business done was in a borough court, in which persons, not attornies, might practise. Ex p. Thomson, 5 Dowl. 275.

The affidavit should state that the party was admitted, and when; see Ex p. Wentworth, 2 Dowl. 607; from and up to what times he continued to take out his certificate; the reason for his discontinuing to do so; see Ex p. Maliphant, 7 Moore, 495. Ex p. Mayor, 5 Moore, 141; how he has been employed since; Ex p. Saunders, 2 Smith, 154; the place or places of the party's abode during the preceding year; the service of the notice at the stamp office, when necessary; vide supra ; and any other facts that may be requisite to bring his case within the rules established by the cases here mentioned.

Formerly, previous to an application for a re-admission, regular notices were obliged to be given, in the same manner, and nearly in the same form, as upon an original admission; and the affidavit above mentioned was always filed with the master, at the time the usual notice was delivered at his office,

But as the party was then actually off the roll, and as he is now no longer so, by omitting to take out his certificate, the reason for giving these notices has ceased, and they seem to be no longer required.

Where the Law Institution opposed the re-admission of an attorney, on the ground that he had been twice convicted of conspiracies to extort money, by means of libels in a newspaper: Wightman, J. refused to re-admit him, saying, that he was not a fit person to be upon the rolls of the court. R. v. Hawdone, 9 Dowl. 970.

Admission in other courts.] After a party has been sworn in and admitted as an attorney in one of the courts of law at Westminster, he shall be entitled to be admitted as an attorney in any other of the said courts, or in any inferior court in England or Wales, upon signing the roll of such court, but not otherwise (a).

The fee is to be paid in the first instance to the clerk of the judge who grants the fiat, and by him is paid over to the chief justice or chief baron of the court; and the day after the end of such term, the fees thus received are divided into fifteen portions, and one paid to the clerk or clerks of each of the judges. R. G. M. 2 Vict. The fees paid to the ushers, are in like manner distributed among the ushers of all the courts. Id.

Persons who were attornies of the courts of sessions or great sessions in the county palatine of Chester, or in Wales, may be admitted attornies in any of the courts at Westminster, 11 G. 4 & 1 W. 4, c. 70, ss. 15, 16, provided they were practising attornies at the time of the passing of that act. Id. Ex p. Garratt, 2 Doul. 371.

(a) Every person who shall have been duly admitted an attorney of any one of the superior courts of law at Westminster, shall be entitled, upon the production of his admission therein, or an official certificate thereof, and that the same still continues in force, to be admitted as an attorney in any other of the said courts, or in any inferior court of law in England and Wales, upon signing the roll of such other court, but not otherwise, and shall thereupon be entitled to practise as an attorney therein, in like manner as if he had been sworn in and admitted an attorney of such court; provided always, that no additional fee besides those payable by virtue of this act shall be demanded or

Ex p. Read, 1 B. & Ad. 957.

paid; and that every person who shall have been duly admitted a solicitor of the high court of Chancery, shall be entitled, upon the production of his admission therein, or an official certificate thereof, and that the same still continues in force, to be admitted as a solicitor in any inferior court of equity in England and Wales, and in the court of bankruptcy, upon signing the roll of such other court, but not otherwise, and shall thereupon be entitled to practise as a solicitor therein, in like manner as if he had been sworn in and admitted a solicitor of such court; provided also, that no additional fee, besides those payable by virtue of this act, shall be demanded or paid. Id. s. 27.

This is effected by producing at the master's office the original admission, with an affidavit that the party was a practising attorney at the time of the passing of this act; the clerk will tell him at what time to attend at Westminster; and upon his attending accordingly, he will be sworn and admitted. him then get the admission enrolled.

See ante, pp. 54, 55.

Let

Unqualified persons acting.] If any person act as an attorney without being admitted and enrolled as aforesaid, he shall be deemed guilty of a contempt of the court in which the proceeding shall be, and shall be incapable of suing for his fees (b). If he act in the name of an attorney, without his knowledge or consent, the court will set aside his proceeding; Norton v. Curtis, 3 Dowl. 245; but such proceeding cannot be treated as a nullity. Hill v. Mills, 2 Dowl. 696. So if he act in his own name, you cannot treat the proceeding as a nullity; Bayley v. Thompson, 2 Cr. & M. 673; but you may move to stay his proceedings until a proper attorney shall be appointed. Id. Or if he act for a defendant, perhaps you may move to set aside his proceeding, unless before a certain time a proper attorney be appointed.

If any attorney shall act as agent for an unqualified person, or suffer his name to be made use of upon the account or for the profit of such person, or shall send process to such person, or do any other act to enable him to practise as an attorney, knowing him not to be duly qualified to act as such upon complaint thereof to the court from which the process issued,

(b) In case any person shall in his own name or in the name of any other person sue out any writ or process, or commence, prosecute, or defend any action or suit or any proceedings in any court of law or equity, without being admitted and enrolled as aforesaid, or being himself the plaintiff or defendant in such pro ceedings respectively,-every such person shall and is hereby 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, or otherwise in rela tion thereto; and such offence shall be deemed a contempt of the court in which such action, suit, or proceeding shall have been prosecuted, carried on, or defended, and shall and may be punished accordingly. Id. s. 35.

And in case any person shall commence or defend any action,

or sue out any writ, process, or summons, or carry on any proceedings, in the court commonly called the county court holden in any county in that part of Great Britain called England and Wales who is not or shall not then be legally admitted an attorney or solicitor according to this act, or shall not himself be plaintiff or defendant in such proceeding respectively, such person shall and is hereby made incapable to maintain or prosecute any action or suit in any court of law or equity for any fee, reward, or disbursement, on account of prosecuting, carrying on, or defending any such action, suit, or proceeding, or otherwise in relation thereto; and such offence shall be deemed a contempt of the court in which such action, suit, or proceeding shall have been prosecuted, carried on, or defended, and shall and may be punished accordingly. Id S. 36.

the attorney shall be "struck off the roll, and for ever after disabled from practising as an attorney or solicitor," and the court may commit the unqualified person to the prison of the court, for any time not exceeding one year. 6 & 7 Vict. c. 73, s. 32 (c). The court in such a case will not entertain an application against the unqualified person alone, but the attorney must also be made a party; Re Hodson, 1 Har. & W. 110, 3 Dowl. 330; but they will receive a complaint against the attorney alone. Where an attorney, who resided at C., occasionally occupied part of a house in B., in which his articled clerk resided, the names of both being on the door; the clerk was in the habit of attending a court of requests and before magistrates for his own profit; he also conducted an appeal in the name of his master, who allowed part of the bill to be paid by a suit of clothes made for the clerk; it also appeared that several writs had been placed in the hands of an officer to execute, having the master's name upon them, for some of which the master paid, but referred the officer to the clerk for the remainder, saying it was the clerk's business and not his; and in an action carried on in the name of the master, with his knowledge and concurrence, the clerk appeared and acted as attorney, and after the verdict claimed to have the costs paid to himself, and objected to their being paid to the master: the court held this to be a case within stat. 22 G. 2, c. 46, s. 11, which was nearly in the same words as the above statute, and ordered the attorney (against whom alone the application was made) to be struck off the rolls. Re Palmer, 1 Har. & W.55. 4 Nev. & M. 529. So, where an attorney engaged a certificated conveyancer to conduct his business, and agreed to allow him a moiety of the profits instead of a salary; the names of both were painted on the office door, and bills for business were

(c) If any attorney or solicitor shall wilfully and knowingly act as agent in any action or suit in any court of law or equity, or matter in bankruptcy, for any person not duly qualified to act as an attorney or solicitor as aforesaid, or permit or suffer his name to be anyways made use of in any such action, suit, or matter upon the account or for the profit of any unqualified person, or send any process to such unqualified person, or do any other act thereby to enable such unqualified person to appear, act, or practise in any respect as an attorney or solicitor in any suit at law or in equity, knowing such person not to be duly qualified as aforesaid, and complaint shall be made thereof in a summary way to any of the said superior courts wherein

such attorney or solicitor has been admitted, and proof made thereof upon oath to the satisfaction of the court that such attorney or solicitor hath wilfully and knowingly offended therein as aforesaid, then and in such case every such attorney or solicitor so of fending shall and may be struck off the roll, and for ever after disabled from practising as an attorney or solicitor; and in that case, and upon such complaint and proof made as aforesaid, it shall and may be lawful to and for the said court to commit such unqualified person so acting or practising as aforesaid to the prison of the said court, without bail or mainprize, for any term not exceeding one year. Id. s. 32. See sect. 45, ante, p. 49, n.

made out and delivered in their joint names : the court held this to be a case within the statute, as the attorney had allowed his name to be used upon the account and for the profit of an unqualified person; and they ordered the attorney to be struck off the rolls, and the other person to be committed to prison for a month. Re Jackson & Wood, 1 B. & C. 270. And see Re Clark et al., 3 D. & R. 260. But where a bailiff wrote to an attorney for writs, which the latter sent, without knowing any thing of the parties or circumstances; but it appeared that the bailiff never represented himself or had been considered as an attorney, nor did he look for any profits on the law proceedings: the court held this not to be a case within the statute, but that it was a most improper practice, which the court, in virtue of its general jurisdiction over attornies, would punish severely. Ex p. Whatton, 5 B. & A. 824. Also, where an attorney, whose certificate was not taken out for one year, owing to the omission of his agent, but was taken out for the next, continued notwithstanding to practise: the court held that he was not an unqualified person within the meaning of the statute, and that an agent who, knowing of the fact, acted for him, was not therefore liable to be struck off the rolls. Re Hodgson & Ross, 1 Har. & W. 265, 4 Nev. & M. 763. Cases of this kind are usually referred to the master, and upon his report the court act. However, it is open to either party, to argue the matter before the court upon the facts reported; and in one case the court allowed the unqualified party to bring the whole case under their consideration, when brought up to be committed. Re Jaques, 2 D. & R. 64.

When an attorney has thus allowed an unqualified person to act in his name, no action can be maintained against the client for the amount of the business done: no such action can be sustained by the attorney, Hopkinson v. Smith, 1 Bing. 13, and certainly not by the unqualified person.

Attorney, prisoner.] An attorney, who is a prisoner within any prison or the rules thereof, shall not commence, prosecute, or defend any action, as attorney, in his own name or in the name of another, on pain of punishment as for contempt of the court in which the proceeding shall be; and any attorney allowing him to use his name for such purpose, is liable also to the same punishment (d). This, however, does not extend

(d) No attorney or solicitor, who shall be a prisoner in any gaol or prison, or within the limits, rules, or liberties of any gaol or prison, shall or may, during his confinement in any gaol or prison, or within the limits, rules, or liberties of any gaol or prison, as an attor. ney or solicitor, in his own name

or in the name of any other attorney or solicitor, sue out any writ

or process, or commence or prosecute or defend any action or suit, in any courts of law or equity, or matter in bankruptcy; and such attorney or solicitor so commencing, prosecuting, or defending any action or suit as afore