ARBITRATION, References to-(continued.)

court will in general refuse to set aside award so found, 109.

unless real injustice appear, ib.

arbitrator should in general receive and act upon legal evidence, ib.
and decide according to law and equity, ib.

when reference made to avoid a legal and technical objection, arbitra-
tor should not notice it, ib.

Costs, as to awarding them, 109.

party succeeding should be indemnified from, ib.

except when in some respect he has been to blame, ib.

then division of expenses would be just, ib.

agreement of reference generally contains provisions as to costs,
when costs of reference are costs in the cause, 109, 110.

when not, 110, 111.

form of awards, 111. See Forms.

ib.

when an award may be good in part and void as to the residue, 114.
Publication of award, when, 115.

is so when notice given, that it is ready for delivery on payment of
fees, ib.

Amendment of award not in general allowed, ib.

unless parties consent, ib.

court cannot interfere to alter the terms of an award, ib.

14thly. Certificates in lieu of an award, 112.

usual in causes of small importance, ib.

or mere quantum of damages referred, ib.
avoids the expence of stamps, 114.
form of certificate, ib.

15thly. Of setting aside awards, 116.

enactments in statutes, 81, 82, 116.

upon what grounds an award can or not be set aside on motion, ib.
principles are the same at law as in equity, ib.

disobedience of, when made a rule of court, treated as contempt of
court, ib.

unless arbitrator misbehaved himself, 117.

or award procured by corruption, &c. ib.

will not be set aside on a question of fact, ib.

excepting for corruption, partiality, or irregularity of conduct in arbi-
trator, ib.

or on point of law when arbitrator a barrister, ib.

or on account of improper rejection or admission of the evidence of a
witness, ib.

arbitrator may relieve against a harsh right, ib.

though the same would prevail in court of justice, ib.

where legal rights referred, award must be according to law, ib.

qualification of this rule, 117, 18.

if arbitrator exceed his jurisdiction, award may be set aside, 118.
when court will set aside award for misconduct of arbitrator, ib.
when not, 119.

when court will open award, 120.

or interfere to set it aside when void on face of it, ib.

will not after party objecting has adopted an award, ib.

within what time motion to set aside award must be made, 121.

Practical proceedings to set aside awards, 121.

submission must first be made a rule of court, ih.

when rule nisi must state objections, 122.

stated in affidavit, when sufficient, ib.

if made on slight grounds, will in general be discharged with costs, ib.
16tbly. Proceedings to enforce performance of award, 122.

by attachment, 122, 3.

how opposed, 123.

by action, ib.

17thly. Jurisdiction in equity, 124.

18thly. Arbitration under particular statutes, 125.

compulsory under some statutes, as, ib.

The Friendly Society act, ib.

Saving Banks' act, ib.

for Seamen's Wages, ib.

under the Salvage acts, ib.

ARBITRATOR. See Arbitration, Reference to.

should have had a professional education, 74. power of may be revoked before award, 79, 87.

unless submission has been made a rule of Court, 79. who may be one, 83.

should be free from interest or bias, ib.

and not a relative of parties referring, ib.

in general preferable to be a barrister, 84.

Court of Equity will not compel him to proceed with reference, 85. when he may appoint umpire, 93.

should do so before disagreement, ib.

if umpire refuse to act, may appoint another, ib.

form of appointment of one, ib.

power of compelling attendance of witnesses before, 94, 5.

appointment of meetings, 94.

in general has power to enlarge time for making his award, 96.

may proceed according to law and equity, 97.

may make award according to equity and conscience, ib.

without regarding strict rules of law, ib.

but most expedient to do so, ib.

should conduct reference as in a Court of Law, 98.

may require a reciprocal statement, ib.

and declaration of what facts will be admitted or disputed, ib.

party false swearing before, may be indicted for perjury, ib. may swear the witnesses, 100.

mode of swearing, 100, 1.

form of oath, 101.

may sometimes examine the parties themselves, ib.

how he should take the evidence, 102.

when he may proceed ex parte, ib.

must conform to the authority in submission, 105, 6.

or award will be void, 105, 118.

how award should be drawn up, 105, 6. See Award.

when may give certificate in lieu of award, 112.

misconduct of, ground of setting award aside, 117, 118.

ARTICLES OF CLERKSHIP. See Clerkship Articles of, Attorney and Solicitor. ARTICLED CLERKS. See Attorney and Solicitor.

regulations to be observed respecting, 1 to 16.

twenty-two points to be observed, 4, 5.

of the articles, 5. See Attorney and Solicitor.

terms of the articles and suggestions for improvement, 9, 10.

points to be observed before and after execution of the articles, 10.

what service essential, 10, 11, 12.

examination of before admission, 12, 13.

their education, 13 to 16, 41.

ASSAULT AND BATTERY. See Justices of the Peace.

summary proceedings before justices for, 132.

provisions of 9 Geo. 4, c. 31, s. 27, 132.

only applies to common assaults and batteries, 132, 3.

does not, if accompanied by attempt to commit felony, 132, 3.

or where any question arises as to title to land, 133.

or resisting process of any Court of Justice, 134.

form of information for, 171, note (u).

on oath of credible witness, offender may be summoned, 134.

form of such oath, 173, note (b).

in default of appearance, justice may proceed ex parte, 134, 137. or may be apprehended in first instance, 134, 137.

prescribed form of conviction, 134, note (t).

construction of act, 9 Geo. 4, c. 31, 143, 4.

ASSETS.

bill in equity lies to discover, 52.

ASSIGNEES.

of bankrupt, when they should consent to a reference, 77. should guard against personal liability, 78.

ASSIGNEE OF BOND.

must sue in name of obligor, 47.

ATTENDANCE.

of witnesses before an arbitrator enforced, 95.

regulations to be observed to enforce attendance, ib.

ATTORNEY AND SOLICITOR. See Articles of Clerkship, and Client.
reasons why an admitted agent must be retained, 1 to 4.
of the articles of clerkship, 4 to 15.

regulations to be observed, 4.

twenty-two points to be observed, 4.

1. The master must be a regular practising attorney, 4.
2. Terms of articles of clerkship, 4.

3. Stamp thereon, 4, 10.

4. Affidavit of execution of articles, ib.

to be filed within three months after date, ib.

5. Entry of such affidavit, ib.

6. Enrolment of articles, with affidavit of execution within six months, ib. 7. Affidavit of enrolment, and payment of duty, 5.

8. Service under the articles, ib.

9. Necessity for fresh articles to make up for lost time, ib.

10. Affidavit of regular service, ib.

11. Master's certificate of regular service, ib.

12. Notice of intention to apply for admission, ib.

must be affixed outside the court, ib.

13. Entry of such notice at judge's chambers, ib.

14. Examination before judge, 5, 12, 13.

15. Petition, &c., to obtain admission in case of difficulty, 5, 13.

16. Oath to be taken, 5.

17. Stamp on admission, ib.

18. The admission itself, ib.

19. Enrolment of name on rolls of court, ib.

20. Entry of name, and place of abode, ib.

21. Annual certificate, and stamp duty thereon, ib.

22. Entry of certificate with proper officer, ib.

First, Of the articles, 5.

must be bound to a legally admitted attorney, &c., ib.

by contract in writing, to serve as a clerk for five years, ib.

which must be prospective, ib.

articles must not be antedated, ib.

nor executed after the five years have commenced, ib.

prudent to bind for more than five years, 5, 7.

with proviso, that at the expiration of five years clerk shall be at liberty to depart and obtain his admission, 5.

and that master shall facilitate that object, ib.

suggested form of proviso and covenant, 6.

otherwise, in case of wrongful absence during limited term of five years, requisite affidavit of service could not be made, ib.

and fresh articles for further time would be requisite, ib.

suggested form of such articles, ib.

such fresh contract must be stamped with same duty as original articles, 7.

but Commissioners of Stamps will allow duty on first articles if delivered up within six months of execution of new articles, ib.

must be a service altogether of five years, ib.

but need not absolutely be continuous, ib.

and must be bonâ fide to a continuing practising attorney, &c., ib.

and not to one who has left off practice, ib.

or not practising as principal on his own account, ib.

or serving as writer or clerk to another attorney, ib.

master's neglect to obtain certificate, will not invalidate service of articled clerk, 7.

binding may be to a prothonotary or secondary of superior courts, ib.

or to Master of Crown Office, ib.

service to, and admission as a solicitor, entitles to be admitted and practise as attorney, and vice versa, 8.

exceptions as to time of binding and service, ib.

as where clerk has taken degree of Batchelor of Arts or Law in one of the universities, ib.

then service for three years will suffice, ib.

provided such degree has been taken within limited time, ib.

clerk may serve one year as pupil to a barrister or certificated special pleader, ib.

INDEX.

ATTORNEY AND SOLICITOR—(continued.)

binding must be bond fide to learn the law, 8.

and not merely to secure business, ib.

Terms of the articles, and suggestions for improvement, 9.
statutes silent, except as to the service for five years,
are generally improvidently framed, ib.

ib.

should contain master's covenant for return of premium in certain
events, ib.

though court would compel return, 10.

master may covenant to pay a salary to clerk, 9.

and this during term of articles, ib.

or covenant to take into partnership, ib.

or pay widow or family of deceased attorney an annuity, ib. Candler v.
Candler, 1 Jacob. Rep. 225.

may stipulate that clerk shall not practise within a reasonable distance, ib.
nor conduct business for any of his master's clients, ib.

or prejudice his master, ib.

and this under payment of fixed damages as a debt, and not as a
penalty, 10.

Points to be observed before and after execution of articles, ib.

age and cirucmstances of clerk at time of binding, ib.

his previous education, ib.

articles must be stamped before engrossed, ib.

and the affidavit of execution duly filed, ib.

articles should be enrolled within six months, ib.

neglect, how prejudicial, ib.

Service and affidavit thereof, 10.

the binding must be for five years, ib.

enactments of 22 G. 2, c. 48, as to term of binding and service, ib.
provisions in case of death of master, 11.

or leaving off practice before end of term, ib.

or cancelling contract by mutual consent, ib.

or clerk being discharged by rule of court before end of term,

or determination of articles by any other event, ib.

affidavit of actual service, requisite before admission, ib.

must be a bona fide exclusive continuing service, ib.

and to master named in articles, ib.

ib.

clerk should, at all reasonable times, be under immediate control of
master, ib.

statute not complied with, by service to another attorney, ib.

though with master's consent, ib.

if admission obtained, not having so served, he may be struck off the
roll, ib.

service under Notary's Act not complied with, by attending as a banker's
clerk part of the day, ib.

clerk articled to one attorney, partner in a firm, may serve all in their
joint business, 12.

or assist another attorney at extra hours, ib.

what absence is allowed, ib. See also, 13, 41.

occasional holidays no breach of legal service, 12.

especially in case of ill health, ib.

service to agent of master, limited to one year, ib.

where a bona fide service, court will not be astute in construing the
act, ib.

Examination of clerk before admission, 12, 13.

by 2 G. 2, c. 23. s. 2, judges examine fitness to act as attorney, 12.

if judge satisfied, then to administer oath, 12.

and cause him to be admitted and enrolled as an attorney, 13.

in case of difficulty, the clerk may petition court, ib.

whose decision will be final, ib.

and semble, no court of appeal or higher tribunal, ib.

right of attorney admitted to Superior Courts, to be admitted to practise

in Inferior Court, ib.

but this, subject to custom or practice of latter, ib.

when admission may be enforced by mandamus, ib.

suggested propriety of examination of clerks being transferred to other

delegated authority, ib.

with power of appeal to judges for or against admission, ib.

Education of articled clerks, 13.

ATTORNEY AND SOLICITOR—(continued.)

preparatory education considered, 13, 41.
should not be articled before sixteenth year, 13.
and should have had a good classical education, ib.
advantages of studying the useful sciences, 14, 41.
should be well informed of the dead languages, 14.
and all other branches of knowledge and literature, ib.
especially of physics or natural philosophy, ib.
and this before commencement of legal pupillage, ib.
advantages of being articled for six years, 14, 15.
should be articled to a master of liberal education, 14.

what knowledge desirable, ib.

study of biographical works recommended, 15.

knowledge of temperament and character of mankind, ib.

How far the want of legal qualifications, may or not affect the client, 15, 16. incompetency subjects attorney, &c., to penalty of 50%, 15.

and precludes him from suing except merely for giving advice, ib.

but does not affect client, 16.

or deprive him of full costs, if plaintiff, and successful, ib.

except, when warrant of attorney executed by a defendant, in custody under mesne process, ib.

then presence of uncertificated attorney insufficient, ib.

prudent to ascertain that party is attorney of proper court, ib..

How to select an attorney, 16. 1 Vol. 435.

should employ an experienced solicitor of established character, 16.
or one whose zeal, &c., would make up for want of experience, 17.
the principal desideratum should be honorable character, ib.

reasons why this should be attended to, ib.

purchaser should not employ vendor's attorney, ib.

nor cestui que trust employ a trustee who is an attorney, ib.
nor should he act as such, ib.

if he do, he cannot charge for professional business, ib.

Not to be concerned against a person previously his client, 18.

if he do, Court of Equity would restrain him from divulging confidential communications, 18.

cannot give up his client and act for opposite party, ib.

nor solicitors in partnership to dissolve, so as to enable one partner to act against client of the other, ib.

one solicitor and clerk in court may be concerned for opposed parties, ib. but this disapproved of, ib.

same objection applies to London agent, acting for country attornies on both sides, ib.

but no injunction to restrain articled clerk from afterwards acting as attorney against a client of his late master, ib.

consequent risk of deeds in attorney's office being accessible to clerks, 18, and ante, vol. 1. 436.

expediency of stipulating in articles of clerkship against clerk acting injuriously to interests of master's clients, 18.

and for clients stipulating for a guarantee against such consequences, ib.

Retainers in writing recommended, and why, 18.

formerly requisite for attorney to file retainer to sue, 19.

but now not requisite, either at law or in equity, ib.

though such omission has been censured, ib.

and would create a prejudice against the attorney, ib.
observations of Lord Tenterden on the subject, ib.

should be given for the client's sake, ib.

and qualified according to deliberate intention of party, 19.

specially when solicitor retained by assignees of bankrupt, 20.

should obtain the signatures of all his employers, ib.

should stipulate for due care in ascertaining title, ib.

with engagement to make satisfaction upon the discovery of the defect, ib.

this to avoid the Statutes of Limitation, ib.

form of retainer on behalf of plaintiff to sue, ib.

on behalf of defendant to defend, ib.

Confidence, observance of, 20.

attorney or solicitor cannot legally disclose client's communications, 18

and 20.

nor can he be compelled to disclose them, 20.

though as to acts done in his presence, no such privilege, 21.