CHAP. III. Of the EXAMINATION, ADMISSION, and RE-ADMISSION of IN this Chapter it is proposed to consider, 1. the examination of persons desirous of being admitted attornies; 2. the admission of persons who have served their clerkships in Wales, or the counties palatine; 3. the admission of attornies of the King's Bench and Common Pleas to practise in the Exchequer; and, 4. the re-admission of attornies. The privileges of attornies, and in what manner they are affected by the uniformity of process Act, with the proceedings in actions by and against them, and other matters relating to the recovery and taxation of their costs, will be treated of in a subsequent Chaptera. Examination of attornies, by stat. 4 Hen. IV. c. 18. By stat. 3 Jac. By the statute 4 Hen. IV. c. 18. it was enacted, that "all the attornies shall be examined by the justices, and, by their discretions, their names put on the roll; and they that be good and vertuous, and of good fame, shall be received, and sworn well and truly to serve in their offices." By the statute 3 Jac. 1. c. 7. §. 2. it was enacted, that 66 none shall from thenceforth be admitted attornies, in any of the King's courts of record, but such as have been brought up in the same courts, or otherwise well practised in soliciting of causes, and have been found, by their dealings, to be skilful, and of honest disposition; and that none be suffered to solicit any cause or causes in any of the courts aforesaid, but only such as are known to be men of sufficient and honest disposition." b And by a rule made in Michaelmas term, By rule of 1654, in the courts of King's Bench and Common Pleas, it was ordered, that "the courts should once in every year, in Michaelmas term, nominate twelve or more able and credible practisers, to continue for the ensuing year, to examine such persons as should desire to be admitted attornies, and appoint convenient times and places for the examination; and the persons desiring to be admitted, were first to attend, with their proofs of service, then to repair to the persons appointed to examine, and being approved, to be presented to the court and sworn." By the statute 2 Geo. II. c. 23. §. 2, it was enacted, M. 1654. By stat. 2 Geo. By R. H. 6 W. Examiners to be appointed annually. None to be admitted without producing examiners' certificate of his fitness and capacity. Examinations how conducted. Remedy in case of refusal to grant certificate. that "the judges or any one or more of them, should, and they were thereby authorized and required, before they should admit such person to take the oath, to examine and inquire, by such ways and means as they should think proper, touching his fitness and capacity to act as an attorney; and if such judge or judges respectively, should be thereby satisfied, that such person was duly qualified to be admitted to act as an attorney, then, and not otherwise, the said judge or judges of the said courts respectively, should, and they were thereby authorized, to administer to such person the oath thereinafter directed to be taken by attornies; and after such oath taken, to cause him to be admitted an attorney of such court respectively." a In order to carry the last mentioned statute more fully into effect, it being deemed expedient annually to appoint examiners, subject to the control of the judges in manner thereinafter mentioned, it was ordered, by a late rule of all the courts, that "the several masters and prothonotaries, for the time being, of the courts of King's Bench, Common Pleas, or Exchequer respectively, together with twelve attornies or solicitors, to be appointed by a rule of court in Easter Term in every year, be examiners for one year; any five of whom, one whereof to be one of the said masters or prothonotaries, shall be competent to conduct the examination ; and that from and after the last day of the then next Easter Term, subject to such appeal as thereafter mentioned, no person shall be admitted to be sworn an attorney of any of the courts, except on production of a certificate, signed by the major part of such examiners, actually present at and conducting his examination; testifying his fitness and capacity to act as an attorney; such certificate to be in force only to the end of the term next following the date thereof, unless such time shall be specially extended by the order of a judge:" And it is thereby further ordered, that "the examiners so to be appointed, shall conduct the said examinations, under regulations to be first submitted to and approved by the judges and that in case any person shall be dissatisfied with the refusal of the examiners to grant such certificate, he shall be at liberty to apply for admission, by petition in writing to the judges, to be delivered to the clerk of the Lord Chief Justice of the court of a Tidd Prac. 9 Ed. 71. bR H. 6 W. IV. § 1. 6 Nev. & M. 2, &c. 1 Har. & W. 638, 9. 2 Bing. N. R. 612, &c. 3 Scott, 2, 3. 1 Meeson & W. 1, 2, 3. 1 Tyr. & G. 233, 4, 5. 4 Dowl. Rep. 551, 2. 11 Leg. Obs. 255, 6. For the first appointment of examin ers under this rule, see R. E. 6 W. IV. 2 Bing. N. R. 800. 11 Leg. Obs. 478. R. H. 6 W. IV. § 2. 6 Nev. & M. 3. 1 Har. & W. 638. 2 Bing. N. R. 612. 3 Scott, 3. I Meeson & W. 3. 1 Tyr. & G. 234, 5. 4 Dowl. Rep. 552, 3. 11 Leg. Obs. 256. of examination. King's Bench, upon which no fee or gratuity shall be received; which application shall be heard in Serjeant's Inn Hall, by not less than three of the judges."a And, after reciting that the hall or building of Time and place the Incorporated Law Society of the United Kingdom, in Chancery Lane, would be a fit and convenient place for holding the said examination, and that the said Society had consented to allow the same to be used for that purpose; it is thereby further ordered, that “until further order, such examinations be there held, on such days, being within the last ten days of every term, as the said examiners, or any five of them, shall appoint: And that any person not previously ad- Notice to mitted an attorney of any of the three courts, and desirous of being admitted, shall, in addition to the notices already required, give a term's notice to the said examiners, of his intention to apply for examination, by leaving the same with the secretary of the said Society, at their said hall; which notice shall also state his place or places of residence or service, for the last preceding twelve months; and in case of application to be admitted on a refusal of the certificate, shall give ten days' notice, to be served in like manner,of the day appointed for hearing the same."a examiners. In pursuance of the foregoing rule, the following regulations for Regulations for conducting conducting the examination of persons applying to be admitted as examination. attornies of the court of King's Bench, Common Pleas, or Exchequer, were submitted to and approved by the judges of the said courts, in Easter Term 1836b, viz. 1. That every person applying to be admitted an attorney of any of the said courts, pursuant to the said rules, shall within the first seven days of the term in which he is desirous of being admitted, leave or cause to be left with the secretary of the said Incorporated Law Society, his articles of clerkship, duly stamped, and also any assignment which may have been made thereof, together with answers to the several questions thereunto annexed, signed by the applicant, and also by the attorney or attornies with whom he shall have served his clerkship. 2. That, in case the applicant shall shew sufficient cause, to the satisfaction of the examiners, why the first regulation cannot be fully complied with, it shall be in the power of the said examiners, upon sufficient proof being given of the same, to dispense with any part of the first regulation that they may think fit and reasonable. 3. That every person applying for ad R. H. 6 W. IV. 6 Nev. & M. 3. 1 Har. & W. 638. 2 Bing. N. R. 613. 1 Meeson & W. 3, 4. 1 Tyr. & G. 235. 4 Dowl. Rep. 553. 11 Leg. Obs. 256. E Certificate of examiners. Form of. Questions to be answered by clerk, and attorney, &c. Notice of application to be admitted. mission shall also, if required, sign and leave, or cause to be left, with the secretary of the said society, answers in writing to such other written or printed questions as shall be proposed by the said examiners, touching his said service and conduct; and shall also, if required, attend the said examiners personally, for the purpose of giving further explanations touching the same; and shall also, if required, procure the attorney or attornies with whom he shall have served his clerkship as aforesaid, to answer, either personally or in writing, any questions touching such service or conduct, or shall make proof, to the satisfaction of the said examiners, of his inability to procure the same. 4. That every person so applying, shall also attend the said examiners, at the hall of the said Society, at such time or times as shall be appointed for that purpose, pursuant to the said rule, as the said examiners shall appoint; and shall answer such questions as the said examiners shall then and there put to him, by written or printed papers, touching his fitness and capacity to act as an attorney. 5. That upon compliance with the aforesaid regulations, and if the major part of the said examiners, actually present at and conducting the said examination, (one of them being one of the said masters or prothonotaries,) shall be satisfied as to the fitness and capacity of the person so applying to act as an attorney, the said examiners so present, or the major part of them, shall certify the same, under their hands, in the following form, viz. "In pursuance of the rules made in Hilary and Easter Terms 1836, of the courts of King's Bench, Common Pleas, and Exchequer, we, being the major part of the examiners actually present and conducting the examination of A. B. of, &c. do hereby certify, that we have examined the said A. B. as required by the said rules; and we do testify, that the said A. B. is fit and capable to act as an attorney of the said courts." These regulations also contain the questions, as to due service, to be answered by the clerk and attorney respectively; with the certificate, to be signed by the latter, that the former hath duly and faithfully served, under his articles of clerkship, (or assignment, as the case may be,) for the term therein expressed; and that he is a fit and proper person to be admitted an attorney. To the intent that better information may be obtained, touching the fitness and qualification of persons applying to be admitted attornies, there are rules, in the King's Bench, that "every person who shall intend to apply for admission as an attorney in that court, and who a R. T. 31 Geo. III. K. B. 4 Durnf. & E. 379. R. T. 33 Geo. III. K. B. 5 Durnf. & E. 368. and see Tidd Prac. 9 shall not have been admitted an attorney or solicitor of any other court, shall, for the space of one full term previous to the term in which he shall apply to be admitted, cause his name and place of abode, and also the name or names, and place or places of abode of the attorney or attornies to whom he shall have been articled, written in legible characters, to be affixed on the outside of the court of King's Bench, in such place as public notices are usually affixed on, and in the King's Bench office; and also enter, or cause to be entered, in a book to be kept for that purpose, at each of the judge's chambers of this court, his name and place of abode, and also the name and place of abode of the attorney or attornies to whom he shall have been articled a. And there is a similar rule in the Common Pleas, directing the notice to be affixed on the outside of the court, in such places as public notices are usually affixed on, for the space of one full term previous to which the party shall apply to be admitted, and to be left, for the like space of time, at each of the judge's chambers of that court, and there fixed up, in some conspicuous place; and that such notice shall likewise be fixed up, for the like time, in the Common Pleas office. And, by a general rule of all the courts, it is ordered that "three days at the least before the commencement of the term next preceding that in which any person not before admitted, shall propose to be admitted an attorney of either of the courts, he shall cause to be delivered at the Master's or Prothonotary's office, as the case may be, instead of affixing the same on the walls of the courts, as now required, the usual written notices, which shall state, in addition to the particulars now required, his place or places of abode, or service, for the last preceding twelve months; and the master or prothonotary, as the case may be, shall reduce all such notices as in this rule first mentioned, into an alphabetical table or tables, under convenient heads, and affix the same, on the first day of term, in some conspicuous place, within or near to, and on the outside of each court." a For the effect of a variance in the names of the master and clerk, between the notice of application by a party for admission as an attorney, and his articles of clerkship, see Ex parte Croft, 5 Nev. & M. 58.; and for the consequences of not complying with the requisites of the statute, see Ex parte Woolwright, 4 Dowl. Rep. 274. 1 Har. & W. 517. 11 Leg. Obs. 61, 2. S. C. Er parte Morgan, 4 Dowl. Rep. 296. 11 Leg. Obs. 86. S. C. bR. T. 31 Geo. III. C. P. 2 Marsh. 48. (a.) and see N. M. 2 Geo. II. C. P. Tidd Prac. 9 Ed. 69. d R. H. 6 W IV. 6 Nev. & M. 3, 4. 1 Har. & W. 639. 2 Bing. N. R. 614. 1 Meeson & W 4, 5. 1 Tyr. & G. 235, 6. 4 Dowl. Rep. 554. 11 Leg. Obs. 256, 7. |