INDEX. PROCEEDINGS BETWEEN RETAINER AND COMMENCEMENT OF LITI- compromise may be invited on both sides, 58. should be bona fide and fairly conducted, ib. costs sometimes affected by, ib. of compromise in criminal cases, ib. in compromise at law, where several claimants must concur, ib. when sufficient for majority to agree, 59. Ninthly, Of giving time, and on what security, 59. attorney bound to communicate offer to his client, ib. when proposal of part payment may be accepted, ib. when time given to principal, consent of surety should be obtained, ib. or time given, on obtaining security of third person, the consideration should be mentioned, ib. in case of several contracting, covenants should be several as well as joint, ib. when goods deposited by way of mortgage or lien, should stipulate for power of sale, 59, 60. when warrant of attorney or cognovit proposed, 60. course to be observed in a case of general insolvency, ib. Tenthly, Of Notices, Tenders, and Demands in general, 60. when such demand should be repeated, ib. precautions to be observed in giving notices in general, ib. Eleventhly, Of Demand of perusal, and copy of Justice's Warrant, 61. when officer is protected, 61. when magistrate liable, ib. when not, ib. provisions of 24 G. 2, c. 44, ib. form of demand, 62. no demand necessary where party has not acted strictly in obedience to the warrant, ib. when the immediate wrong doer should be proceeded against, 63. Twelfthly, Of the Notice of Action, and requisites, 63. enactments with respect to notices in general, ib. notices to justices in particular, ib. provisions of 24 G. 2, c. 44, ib. decisions on the statutes, 64. who a justice within the act, ib. person illegally acting as a justice without qualification is not within the act, ib. construction of words "done in the execution of his office," ib. the intended writ must be stated, 65. slight want of technicality will not prejudice, ib. what facts and damage must be stated, ib. no evidence allowed of cause of action not named in notice, ib. precision and technicality not requisite, 66. recommended form of notice, ib. should be nearly in form of subsequent declaration, 67. legal objections need not be stated, ib. form of action need not be stated, ib. but if stated, and subsequent declaration vary, the latter would be insufficient, ib. to whom should be addressed, ib. on whom served, ib. indorsement on notice of attorney's name and abode requisite, 68. why requisite, ib. what description sufficient, ib. provisions of the Customs and Excise Acts, ib. other peculiar protections, ib. when the month expires, 69. general precautions, ib. Thirteenthly, Notice of Attorney's Lien, 69. when should be given, ib. effect of such notice, 69, 70. PROCEEDINGS BETWEEN RETAINER AND COMMENCEMENT OF LITI- Fourteenthly, Selection of Remedy, 70. importance of question, 70, 71. an arbitration least hostile, ib. summary proceedings before justices most expeditious and less ex- or in Courts of Request, 70. or by action at common law, ib. or by indictment or information in Criminal Courts, ib. Fifteenthly, Of Retaining Counsel, 71. duty of attorney to consult client in this respect, ib. which counsel to retain, ib. of the number to retain, ib. of the allowance for retainer in taxing, 71, 72. general retainer, when should be given, 72. not allowed in taxing, 72. PROCTOR. See Attorney and Solicitor. liable to the same regulations as to admission as attornies and solicitors, 34. must be examined and admitted, ib. and obtain an annnal certificate, ib. prohibited from suffering unqualified person to use their names, ib. cannot act as a justice of the peace, ib. observations of Lord Stowell as to their duty, 23, 24, 34. PROFESSIONAL BUSINESS. when an attorney cannot charge for, 17. PROMISE OF MARRIAGE. bill of discovery lies to compel defendant to admit or deny a promise of mar- PROOF OF FACTS. See Evidence. duty of attorney to ascertain them, before proceeding, 21. should be well assured of their sufficiency, ib. Lord Tenterden's observations of attorney's duty in this respect, ib. when attorney, &c. should take counsel's opinion on, 22. PROPOSAL FOR TIME. See Time. PROSPECTIVE MORTGAGE. attorney, &c. cannot take, to receive future costs, 27. service of articled clerk to, sufficient, 7. PUBLIC LECTURES. revival of, at the Inns of Court, recommended, 40. of an award, what, 115. PURCHASER. should not employ vendor's attorney, 17. RECEIVER. of stolen property punishable as principal, 136. to prosecute certiorari with effect, &c., 225. in what sum sureties to be bound, ib. to prosecute appeal against decision of justices, in cases of fraudulent removal if conviction quashed, entitled to have recognizance discharged, 226. REMUNERATION. See Attorney and Solicitor. stipulations by attorney, &c. out of usual course, illegal, 26. REFERENCE. See Arbitration, Reference to. when proper, 75. in cases of intricate accounts, ib. or where necessary to refer to long documents, 75. or to make or explain calculations, ib. between neighbours respecting nuisances, ancient lights, &c., ib. in investigating subjects of delicacy amongst relations, ib. when improper, 75. in cases of calumny, ib. or criminal conversation, 75, 6. in criminal matters, unless by consent of Court, 76. in other cases, ib. caution to be observed in terms of reference, ib. who may refer, 77. an infant or married woman cannot, ib. one of several partners may, but not to bind his partners, ib. agents in general must have express power to do so, ib. at law, counsel or attorney may bind client by consenting to refer at nisi prius, ib. in equity, solicitor cannot, unless by express authority, ib. when executors, &c. may, ib. should guard against personal liability, ib. when assignees should refer, ib. should guard against personal liability, 78. utility of reference, to find facts for opinion of Court, 78. by having facts concisely stated by arbitrator, ib. parties enabled to do this by recent acts, ib. distinctions between references at common law and under the statutes, 79. at common law, may be verbal, ib. or in writing, not under seal, ib. or by specialty, ib. or by rule or order of a Judge, ib. enactments of 9 & 10 W. 3. c. 15, 80. of 3 & 4 W. 4. c. 42. s. 39, 40, 41,—82. submission to, and terms thereof, 85. care in framing requisite, ib. should stipulate that submission be made a rule of Court, 86. should be made in writing, ib. when by agent or trustee, to avoid personal liability, 87. by executors, assignees, &c., 87. of limiting power of arbitrator, ib. when may be amended, 89. making submission a rule of Court, 92. enlargement of time, 96. proceedings before arbitrator, 97. enforcing attendance of witnesses, 98. examination of witnesses and evidence, 101. mode of taking the evidence, 102. when agreement to, may be revoked, ib. provisions in agreement to refer as to costs, 109, 10. REPLEVIN. does not lie under a Justice's distress warrant for a penalty, 213. RETAINER of Attorneys, &c., 1 to 20. reasons why an admitted legal agent should be retained, 1 to 4. rules for client's selection of attorney, 17, 18. - propriety of requiring a written retainer, 18. formerly absolutely requisite, 19. but not so now, ib. omission to take one censured, ib. and would create prejudice against attorney, ib. observations of Lord Tenterden on this subject, ib. should be given for the client's sake, ib. and qualified according to deliberate intention of party, ib. and should be signed by all of them, ib. should stipulate to attorney's due care in ascertaining title, ib. RETAINER of Attorneys, &c.-(continued.) with engagement to make satisfaction upon the discovery of any defect, 20. form of retainer on behalf of plaintiff, ib. on behalf of defendant, ib. duty of attorney to secure authority to sue or defend, from proper party, 47. duty of attorney respecting, 71, 2. REVOCATION of power of arbitrator. See Arbitration, reference to. SALVAGE ACTS. claims under, referred to arbitration, 74, 125. but not preclude parties from suing, 125. SAVING BANK ACT. arbitration under compulsory, 74, 125. parties precluded from suing, in cases within its enactments, 126. claims for, referred to arbitration, 125, 74. SEARCH WARRANT. See Warrant. Justices of the Peace. when Justice may issue, 136, 179. if illegal in form, Justice liable to action of trespass, 180. modern enactments respecting, ib. may now be issued on oath of credible witness, and proof of reasonable cause to how to proceed under, ib. should in general only authorize search in day time, ib. caution to be observed before issuing it, 180, 1. SECONDARY. of Superior Courts, service of articled clerk to, sufficient, 7. SECURITIES for client. See Attorney and Solicitor. attorney's, &c. duty to obtain, 25. when arrangement beneficial to client, he should instantly obtain written lest party fly from engagement, ib. SECURITY. when legal one may be demanded in lieu of defective one, essential to know if sufficient, ib. and properly stamped, ib. when bill necessary to enforce delivery of, ib. remedy at law for not giving, ib. of demand of, before proceeding, ib. of requiring security, and defendant's offer of same, 59. attorney bound to communicate offer to his client, ib. 55. SERVICE of Articled Clerk. See Attorney and Solicitor. Clerkship, Articles of. Articled Clerks. affidavit of regular service necessary, 5, 6, 7, 10. must be a service altogether of five years, 7. but need not absolutely be continuous, ib. must be to a bona fide practising attorney, &c. ib. and practising on his own account, ib. and not serving as clerk or writer to another attorney,ib. neglect of master to take out certificate will not invalidate service of clerk, ib. may be to a prothonotary or secondary of Superior Courts, ib. or to the Master of the Crown Office, ib. exceptions as to time of service, 8. as where proposed clerk has taken the degree of Bachelor of Arts or Law, enactments of 1 & 2 G. 4, c. 48. s. 2, ib. what service and affidavit of service essential, 10 to 12. SOLICITOR AND ATTORNEY. See Attorney and Solicitor. his antecedent education and studies, 37 to 42. STAMP. on articles of clerkship, 4. on admission to practise as an attorney, &c. 5. when commissioners will return same, ib. on certificate of attorney, 5. of proctor, 34. of conveyancer, 34, 5. of notary, 36. of special pleader. on indentures of apprenticeship to serve as a notary, 36. STATUTE OF LIMITATIONS. engagement by attorney to make satisfaction upon discovery of defect of title, to avoid effect of, 20. STIPULATIONS. by attorney for remuneration out of usual course, illegal, 26, 28. may stipulate for advance where result doubtful, 26. or require guarantee of third person, ib. which should be in writing, expressing consideration, 27. to abide the event, improper, ib. or to receive part of estate recovered, ib. or a named sum in case he should recover, 28. court of equity will in general set these aside, ib. STUDENTS FOR THE BAR. in general, 37. no precise course of study or examination prescribed, ib. beyond what might be enjoined by the benchers of each inn, 37. of which he must become a member, ib. term requisite to be a member before he can practise, 38. exception in favor of Bachelor of Laws or Master of Arts, ib. of keeping terms, ib. when must deposit 1007, ib. formerly public lectures given, 39. but latterly discontinued, ib. in the Inner Temple, examination takes place before admitted even as a stu dent, ib. propriety of such regulation, ib. must obtain a certificate of approbation before he can be called to the bar, ib. legal qualification rarely attended to by the benchers, ib. what misconduct or moral delinquency would exclude, ib. may appeal to the twelve judges when admission refused, ib. such appeal rarely successful, 39, 40. revival of public lectures recommended, 40. but substantial knowledge best attained by private study, ib. course of study recommended, 41, 2. other attainments beyond the law requisite, 41, 2. SUBMISSION to Arbitration. See Arbitration, reference to. care required in framing terms of, 85. should stipulate to be made a rule of Court, 86. should be in writing, ib. or not within the act, ib. or may be revoked, 87. when by agent or trustee, ib. by executors, administrators, &c. 88. should limit power of arbitrator, 87. when may be amended, 89. |