CLERKSHIP, ARTICLES OF—(continued.) with proviso that at expiration of five years contract shall cease, and clerk be at liberty to depart and obtain his admission, 5. and that master shall facilitate that object, ib. suggested form of such proviso, 6. exceptions as to time of binding, and service, 8. as when proposed clerk has taken degree of bachelor of arts or law in the universities, ib. then service for three years will suffice, ib. terms of the articles, and suggestions for improvement, 9. suggested covenants, ib. points to be observed before and after execution of articles, 10. as to age and circumstances, ib. and education, ib. stamping articles before execution, ib. affidavit of execution should be duly filed, ib. articles should be enrolled within six months, ib. neglect to do these may prejudice, ib. what service and affidavit of service essential, ib. must be for five years, 5, 7, 10. enactments of 22 G. 2. c. 48. in this respect, 10. provisions in case of death of master, 11. or leaving off practice before end of term, ib. of cancelling contract by mutual consent, ih. or by rule of court before end of term, ib. provisions of 34 G. 3. c. 14. s. 8, as to determination of articles, ib. must be bona fide continuing service, ib. and under immediate controul of master, ib. statute not complied with by service to another master, ib, though with master's consent, ib. but articles to one partner in a firm, service to all the partners in their joint business, sufficient, 12. or may serve another attorney at extra hours, ib. may receive instructions in sciences, ib. or have occasional holidays, ib. especially in case of ill health, ib. may serve agent of master for one year only, ib. where a bona fide service, court will not be astute in construing the act, ib. Fresh articles. when necessary to make up for lost time, 6. suggested form of such articles, ib. must be stamped with same duty as original articles, ib. but commissioners will remit duty on original articles, ib. necessity for, avoided by binding for six years, 5,7. CLIENT. See Attorney and Solicitor. conduct and interest of, considered, 16 to 34. See Attorney and Client. when affected by want of legal qualification of presumed attorney, 15. when not, 16. rules for client's selection of an attorney, ib. should employ experienced solicitor, ib. but principal desideratum honorable character, 17. purchaser should not employ vendor's attorney, ib. solicitor, &c. should not be concerned against party who had once been his client, 18. if he does, Court of Equity would restrain him from communicating confidential communications, 18, 20. cannot be given up by attorney to act for opposite party, 18. danger of leaving deeds of clients accessible to clerks, ib. expediency of stipulating with attorney against such danger, ib. should stipulate for due care in ascertaining title, ib. with engagement to make satisfaction on discovery of defect, ib. attorney's duty in obtaining proper securities for, 24, 25. should spontaneously offer advance of money to attorney, &c., 27 attorney may refuse to proceed without an advance of money, b. should promptly pay at end of suit, ib. unless there has been negligence, ib. CLIENT (continued.) or bill of costs excessive, 27. then he should tax the same, ib. when not taxable, should tender a sufficient sum, ib. should be taxed within the month, ib. attorneys, and liabilities, 32. bound by solicitor and attorney's consenting at nisi prius to a reference, 77. proceedings to be adopted by client before suit, 46 to 71. See fully, tit. Proceed- COMMITMENT. See Justices of the Peace. should strictly pursue the conviction upon which founded, 213. deviation from, in general justice liable to action of trespass, 214. but this now aided when proceeding under 9 Geo. 4, c. 31, 7 & 8 Geo. 4, c. must be in writing, 214. and not verbal, ib. nor for an unreasonable time, ib. demand of penalty, when should be made before commitment, 214. COMMON ASSAULT. See Assault and Battery. COMPENSATION. See Justices of the Peace. summary proceedings to obtain, 127 to 251. in general not liable if acting bona fide, 227. not liable for errors of justice, 228. COMPLAINT. See Information. COMPROMISES. duties of attorney relating to, 24, 57, 58. duty of attorney to afford opportunities for, ib. may be invited on both sides, 58. should be bona fide and fairly conducted, ib. costs sometimes affected by, ib. in criminal cases, 58, 193, 4. at law, where several claimants all must concur, 58. when sufficient for majority to agree, 59. Sayers, 2 Jac. & Walk. 249. when justices may interfere to effect, 193, 4. when parties liable for compromising, 193. how month calculated, 69, 147. CONFESSIONS. See Justices of the Peace. when sufficient, 184. defect in information, when not aided by, ib. recital of in conviction, 199. how to be stated in conviction, 198. note (ƒ.) CONCEALMENT. 5 Russell Rep. 149; Goodman v. when for amicable adjustment, there should be none, 24. or attorney, proctor, &c. would be liable for the costs, 25. CONFIDENTIAL COMMUNICATIONS. See Attorney and Solicitor, Client. when court of equity will restrain from being communicated, 18, 20. attorney &c. cannot be compelled to disclose them, 20. except in certain cases, ib. as where attorney employed for both parties, 21. CONVEYANCER, CERTIFICATED. of in general, 34. no direct recognition of, before 44 G. 3, c. 98, s. 14, ib. admitted on becoming a member of one of the Inns of Court, ib. CONVEYANCER, CERTIFICATED—(continued.) without regard to qualification, ib. stamp duty on certificate, ib. penalty for practising without certificate, 34, 35. when duly licensed may sue for his fees, 36. without delivery of bill one month before action, ib. bill cannot in general be taxed, ib. unless mixed with law proceedings, ib. no regulation prescribing course of study or examination, 37. difficult sometimes to determine who to be defendant, 49. of nonjoinder of parties, ib. defects of former law remedied, ib. CONVICTION. See Justices of the Peace. general form of, prescribed by 3 G. 4, c. 23-197, 8. form of, under 9 G. 4, c. 31, s. 27, 134. shall not be void for want of form, ib. or removed by certiorari, ib. form of, under 7 & 8 G. 4, c. 29, 138. when before one justice party may appeal, ib. proceedings on appeal, 138, 9. not to be quashed for want of form, 139. to be returned to the Quarter Sessions, ib. not to be quashed for want of form, ib. or removed by certiorari, ib. under 1 & 2 W. 4, c. 32, ib. proceedings before conviction considered, 182. when it must be before two justices, 183. when it would be quashed, on account of justice refusing to hear evi- what evidence should be stated in, 190. what it should contain, 196. should be deliberate, ib. but be completed with due expedition, 196. should be returned to Quarter Sessions, ib. when justice liable for neglect in, ib. formal parts and requisites of, ib. in what respects imperative, consequences of deviation, 198. recital of information in, 198. usually in the past tense, ib. recital of appearance and defence, 199. should be stated according to fact, ib. recital of confession, 199. recital of evidence, ib. mode in which evidence should be stated, 200. evidence of each witness should be stated separately, ib. and in precise words of witness, 200. and not merely the result, ib. justice refusing, may be compelled to do so by mandamus, 201. how defence should be stated, 201. what evidence on face of conviction will suffice, 202. statement of adjudication, 203. form prescribed in 3 G. 4, c. 23, 203. must appear that a judgment was pronounced, 203. must be precise and certain, ib. when it should negative exceptions, ib. what statement of offence necessary, 204. or of defendants waiving objections, ib. must observe certainty in stating offence, 204, 5. COPY OF WARRANT. when demand of, should be made, 61, 2. when unnecessary, ib. COSTS. See Attorney and Solicitor. when attorney &c. should have to pay, in case of neglect, 23. or in annuity transaction, 32. when acquitted, defendant entitled to, 51. when allowed on bills of discovery, 54. will be given where demand excessive, 57. of retaining counsel, when allowed, 71, 72. on convictions, 207. of appeal, 217. recognizance to pay, on motion for certiorari, 225. defendant not entitled to, on motion for certiorari, ib. but is if appeal decided in his favor, 226. reason for this distinction, ib. in cases of forcible entry and detainer, 241. between landlord and tenant, when no sufficient distress. and premises deserted, in cases of fraudulent removal to avoid distress, 246. in cases of excessive charges under distress warrant, 250. COUNSEL. See Barrister. duty of attorney to consult with client as to retaining of, 71. should retain without delay, ib. should retain such as would be certain to attend place of trial, ib. and as are most experienced, ib. of the number to retain, ib. of the allowance for, in taxing costs, ib. general retainer, when should be given, 72. not allowed in taxing, ib. his right to appear in summary proceedings before justices, 186, 7. COURT OF EQUITY. will restrain attorney from communicating confidential communications, 18. but will not restrain clerk who has commenced practice from acting as attorney against parties for whom his master was employed, 18. will in general set aside improper stipulations as to costs, &c., 28. COVENANT. See Attorney and Solicitor. on part of master for return of premium to articled clerk in event of death, 9, 11. or other determination of service before end of term, 9, 11. or to pay a salary to clerk, 10. or that at end of term he shall be taken into partnership, 10. to pay widow of deceased attorney an annuity, 10. Candler v. Candler, 1 Jacob R. 231. that clerk shall not practise within reasonable distance, 10. or accept business from his master's clients, ib. or do any thing to prejudice his master, ib. CRIMINAL PROCEEDINGS. improper to refer, in cases of, 76. unless by consent of Court, 76. compromise of, 193, 4. CRIMINAL CONVERSATION. action for, improper to refer, 75, 6. except husband has no intention to seek a divorce, 76. CUSTOMS AND EXCISE. provisions of acts with respect to notices, 68. DEAD LANGUAGES. a knowledge of, essential before clerk articled, 14. DEATH. bill of discovery lies to discover death of a party doubted, 53. DEEDS, &c. danger of leaving them accessible to clerks, 18. DEFECTS. in information, when aided, 158, 170. in conviction, when aided, 210. DEFENCE. on summary proceedings before justices, 191. See Justices of the Peace. recital of, in conviction, 199. DEFENDANT. who to be made so, and how to ascertain, 46 to 52. sometimes difficult to determine who is to be, 47, 48. who to be, in action of ejectment, 47. in case of malicious injuries, 48. of torts or contracts, 48, 9. of libels, 48. against stage coach proprietor, ib. when necessary to file bill for discovery of, 49. when parties would be bound to answer, ib. when acquitted, when entitled to costs, 51. duty of attorney to ascertain precise party, ib. joinder and non-joinder, alterations in law, ib. DELICACY. investigation of subject of, reference proper, 75. unless injury to character has been sustained, ib. DELIVERY. of bill of costs, when necessary, 29, 30. when not, 31, 32. DEMAND. propriety of making, before litigation, 56. should be made, unless party likely to abscond, ib. of interest, when should be made, 57. form of such demand, ib. of precise sum, not material at law, ib. |