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important provisions of the recent act, 3 & 4 W. 4. c. 42, rendering the jurisdiction of Arbitrators more efficient, are practically applied ; and new forms to be observed have been suggested in the notes.

In the Fourth Chapter I have considered it of essential importance, not only to Justices of the Peace, but to Attornies and Private Individuals, especially country gentlemen, to give an entirely new view of the proper mode of conducting Summary Proceedings, as well antecedent as subsequent to conviction. The recent enactments, it will be found, have introduced considerable alterations and improvements, and the jurisdiction is of very extensive application; but as yet there is no treatise shewing the practical operation of the four recent acts which afford summary redress for almost every description of small private or public injuries, viz. the 9 Geo. 4. c. 31, relating to common assaults and batteries, and which enable two Justices to convict in a penalty of 51.,—the 7 & 8 Geo. 4. c. 29, relative to small injuries to personal or real property, in the nature of stealing, though not amounting to larceny, and which enables one Justice to convict in a penalty of 51.,—the 7 & 8 Geo. 4. c. 30, enabling one Justice to convict in a penalty of 51. for any wilful or malicious injury to private or public personal or real property,—and the 1 & 2 W. 4. c. 32, enabling one Justice to convict in a penalty of 21. for any trespass in pursuit of Game. These acts, it will be found, are throughout the country of great practical utility, and remove the necessity for trifling actions and prosecutions for comparatively small injuries.

But these constitute a subordinate part of this Chapter, which contains the whole practical mode of conducting a summary proceeding, from the information to the conviction, and also the proceedings upon appeal against the same, and the removal thereof by certiorari
into the Court of King's Bench. In the notes, new
forms are introduced, to assist Magistrates in their
practical proceedings.

This Chapter concludes with the summary proceed-
ings in cases of Forcible Entries and Detainers, and
cases between Landlord and Tenant, as where the
latter, owing half a year's rent, has deserted the pre-
mises, or has been guilty of a Fraudulent Removal, or
retains possession of Parish Property ; and the whole-
some proceedings before Justices, where a tenant has
been oppressed by exorbitant charges of distress. It
is hoped that the perusal of this last Chapter, collect-
ing and arranging all the recent enactments and deci-
sions, may assist and render more secure Justices of
the Peace in the performance of their very important
and arduous duties.

To facilitate access to every part of this work, the
following Table of Contents, referring to each distinct
subject, is given, and at the end there is a full Index.

J. C.

Chambers, 6, Chancery Lane,

Dec. 20th, 1833.

TABLE OF CONTENTS

OF

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CHAPTER I.

OF RETAINING A LEGAL AGENT.-OF ATTORNIES, SOLICITORS, PROCTORS,

CERTIFICATED CONVEYANCERS AND NOTARIES, AND OF SPECIAL PLEAD-

ERS AND BARRISTERS

Pages 1 to 45

Page

Page

I. Reason why a regularly admit- II. Of Attornies and Solicitors (con-

ted Lawyer must be retained 1 to 4

tinued).

Conduct with respect to Nego-

II. Of Attornies and Solicitors, 1 to 34

ciations

24

1 to 15

Qualifications of

Other Duties.

ib.

Twenty-two points to be ob-

served

4

Impropriety of increasing Ex-

Articles of Clerkship......

25

5

penses

Duty to expedite.

ib.

Suggested improvements in...6 to 9

Points to be observed before

Stipulations for Remuneration

execution of....

10

out of the usual course il-

Service under Articles, and

legal...

26

Affidavit of same......... 6 to 12

Construction of 2 G. 2. c. 23,

Examination before Admission 12

s. 23., as to the necessity of

Education and Study recom-

delivering Bill ....

28

mended ....

What Charges not within the

When want of Qualification

Act .....

29

15

When illiberal to tax ...

30

will prejudice Client.........

Rules in selecting an Attor-

When the Delivery of a Bill is

16

unnecessary, and how Client

Purchaser not to employ Ven-

then to proceed ....

ib.

dor's Attorney ...

Liabilities of Attornies, &c. 32

17

When an Attorney should not

III. Of PROCTORS

34

afterwards act against Client 18

Written Retainer advisable ... ib.

Express Stipulation for due IV. OfCERTIFICATED CONVEYANCERS 34

Care, when advisable ... 20

Attorney or Solicitor not to V. Of NOTARIES

36

disclose Client's Communi-
cations .....

ib. VI. Of Students for the Bar, Spe-

Forms of Retainers

ib.

CIAL PLEADERS, CONVEY-

Duty of Attorney, Solicitor, or

ANCERS, and BARRISTERS... 37
Proctor, to ascertain Facts,

Of each becoming a Member of

Evidence and Law, before

an Inn of Court ......

39

proceeding

21

Their Studies and Attain-

Duty in preparing a Case and

ments, as well in law as

obtaining Opinion ..

otherwise ...

41

Duty of principal Attorney or

Some of the functions of Spe-

Solicitor himself to conduct

cial Pleaders and Barristers 42

proceeding, and not to dele-

In giving Opinions 43

gate to a Clerk......

23

In framing Pleadings .... 44

.........

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Statement of 3 & 4 W. 4. c.

signees, &c. .

ib.

42. s. 39, 40, 41 ...... 82

80

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