Page images
PDF
EPUB

said A. A., and readily and cheerfully obey and execute his lawful and reasonable commands; and shall not depart or absent himself from the service or employ of the said A. A. at any time during the said term, without his consent first obtained; but shall from time to time and at all times, during the said term, conduct himself with all due diligence, honesty and propriety: And that the said C. C., his executors and administrators, shall and will, from time to time and at all times, during the said term, at his and their proper costs and charges, find and provide the said D. C. with all and all manner of necessary and becoming apparel. [ This last preceding covenant might be extended to other things; as for the support and maintenance of the clerk, &c.] And the said D. C. doth hereby for himself covenant, promise and agree to and with the said A. A., his executors, administrators and assigns, that he the said D. C. shall and will truly, honestly and diligently serve the said A. A. at all times for and during the said term, as a faithful clerk ought to do, in all things whatsoever, in the manner above specified. IN CONSIDERATION whereof and of the sum of £-, by the said C. C. to the said A. A. in hand well and truly paid, at or before the sealing and delivery of these presents, (the receipt whereof the said A. A. doth hereby acknowledge, and of and from the same, and every part thereof, doth acquit, release and discharge the said C. C., his executors and administrators, and every of them, for ever, by these presents,) [This acknowledgment and the recital would preclude the attorney from recovering the amount at law, though the premium was not in fact paid,] the said Ă. A. for himself, his heirs, executors and administrators, doth covenant, promise and agree to and with the said C. C., his executors and administrators, by these presents, that the said A. A. shall and will accept and take the said D. C. as his clerk, and shall and will find and provide him during the said term with board and lodging: [This last preceding covenant, if not stipulated for, as is mostly the case among London attornies, should be omitted:] And also that the said A. A. shall and will, by the best ways and means he may or can, and to the utmost of his skill and knowledge, teach and instruct, or cause to be taught and instructed, the said D. C. in the said practice or profession of an attorney at law and solicitor in Chancery, which he the said A. A. now doth, or shall, at any time hereafter during the said term, use or practise ; [Other covenants may, if within the object of the clerkship, be here inserted. Sometimes, if the clerk has been some time acting in the profession, the attorney covenants to pay him a salary;] and also shall and will, at the expiration of the said term, use his best means and endeavours, at the request, costs and charges of the said C. C. and D. C., or either of them, to cause and procure him the said D. C. to be admitted and sworn an attorney of her majesty's said courts of Q. B., C. P. and Exch. or either of them, or any other of her said majesty's courts of law or equity, provided the said D. C. shall have well, faithfully and diligently served his said intended clerkship. In Witness whereof the parties aforesaid have hereunto set their hands and seals the day and year first above-mentioned, at

A. A. (L.s.) Witness, &c.

C. C. (z.s.) W. W.

D. C. (L.s.) F. F.

[See 1 Chit. Ar. Pr. 20, 21.]

day of

A. D.

[ocr errors]

2. Affidavit of the Execution of the Articles. In the Q. B. (or “C. P." or "Exch. of Pleas."]

IV. W. of — gentleman, [one of the attesting witnesses to the articles, if more than one, but which there need not be,] maketh oath and saith, that, by articles of agreement dated the -, and made between A. A. of gentleman, one of the attornies of her majesty's courts of Q. B. (or “C. P." or " Exch. of Pleas”) at Westminster, (and a solicitor in the high court of Chancery,] of the one part, and C. C. of — and D. C. of (son of the said C. C.) of the other part, the said D. C., for the considerations therein mentioned, did put, place and bind himself clerk to the said A. A., to serve him in the profession of an attorney at law (and solicitor in Chancery] from the day of the date of the said articles, for the term of five [or: “ three"] years thence next ensuing and fully to be complete and ended ; and which sałd articles were in due form of law executed by the said A. A., C. C. and D. C., in the presence of this deponent (and of one F. F. of -], and that the names of W. W. (and F. F.), set and subscribed to the said articles as witnesses to the due execution thereof, are the proper handwriting of this deponent and of the said F. F.

W. W. Sworn [&c.(a).]

[See 1 Chit. Ar. Pr. 21.]

3. The like, where the Clerk has taken a Degree ut an University. In the Q. B. [or “C. P.” or “Exch. of Pleas."]

D. C. of - gentleman, maketh oath and saith, that he hath taken the degree of bachelor of arts (or “law") in the

university of Oxford (or" Cambridge," or " Dublin,” or “ London," or “Durham']; and that he did take such degree within six [or, if bachelor of law, “ eight"]years next after the day when he was first matriculated in the said university: And this deponent further saith, that, by articles of agreement bearing date the day of, A. D. and made within (four) years next after the day when this deponent had first taken such degree, between [&c. conclude as in last, stating the term of seroice to be three, instead of five years, according to the fact. In strictness, perhaps, that part of the affidavit which states the execution of the articles should be made by one of the attesting witTESSES.) Sworn [&c.(a).]

D. C. [See 1 Chit. Ar. Pr. 20.]

4. Notice of Intention to apply for Examination (6). Notice is hereby given, that D. C. of now serving (or “who has lately served”] under articles of clerkship to A. A. of —, attorney at law, (if he also served under persons to whom he has been assigned, state it thus, –and also under articles of assignment from the said A. A. to E. F., attorney at law, and also under articles of assignment from the said E. F. to, &c.] intends to apply next — term for examination, in order to be admitted as an attorney of one or more of her majesty's superior courts, and that the place of residence of the said D. C. for the twelve months

(a) See Index, title “ Jurat."
(6) As to the questions, &c., see 1 Chit. Ar. Pr. 27.

preceding the date of this notice, has been at [or, " that the said D. C., for the twelve months preceding the date of this notice, hath been in the service of the said A. A., at under the said articles.") Dated this — day of 1839.

[See 1 Chit. Ar. Pr. 24.]

[ocr errors]

5. Notice of Intention to apply for Admission. Notice is hereby given, that D. C. of - now serving (or who has lately served”] under articles of clerkship to A. A. of attorney at law, (and if he has also served under some other person or persons to whom he has been assigned, you must state it thus—"and also under articles of assignment from the said A. A. to E. F., attorney at law, and also under articles of assignment from the said E. F. to," 8c.—so stating all the assignments,] intends to apply next- term to be admitted an attorney of her majesty's court of Q. B. [or “C. P." or "Exch. of Pleas”]: And notice is hereby further given, that the place of abode of the said D. C., for the last preceding twelve months, has been at [or, "and that the said D. C., for the last preceding twelve months, hath been in the service of the said A. A."](a). Dated this

1839.

D. C. [See 1 Chit. Ar. Pr. 29.]

day of

[ocr errors]

6. Affidavit by the Clerk, of Service under the Articles, and of Notice of

Intention to apply for Admission in Q. B. In the Queen's Bench.

D.C. of — gentleman, maketh oath and saith, that he hath really and truly served and been employed by A. A. of gentleman, as his clerk, in the practice of an attorney (and solicitor) during the whole of the term of five (or “ three") years, pursuant to the articles hereunto annexed (annex them). And this deponent further saith, (sometimes the rest of this affidavit is made by a third person,] that he did on the

day of - (b) last, [or "instant"] deliver at the office of —, esq., one of the masters of this honourable court, situate in a written notice stating his name and place of abode, as also his place of abode for the then last preceding twelve months, as also the name and place of abode of the said A. A. (c). And that he did also, previous to last term, cause a written notice, stating his name and place of abode, and also his place of residence (or “service") for the then last preceding twelve months, and also the name and place of abode of the said A. A. to be affixed in the Queen's Bench Office, according to the rule of court in that behalf, and that such notice remained there the whole of that term, and was not pulled down or defaced, according to the best of the knowledge and belief of this deponent. And that he did also, previous to the same term, cause his name and place of abode, as also the name and place of abode of the said A. A., to be entered in the books kept for that purpose, at the chambers of each of the judges of this honourable court : And that such notices and entry in the books above

mentioned respectively purported that it was the in

(a) See R. H. 6 W. 4, 1 Chit. Ar. Pr. 29, 30,

(6) This must be three days at the least before the commencement of the term next preceding that in which the party proposes himself to be admitted.

R. H. 6 W. 4, 1 Chit. Ar. Pr. 29; Re Prangley, 4 Ad. & Ell. 781; 6 N. & M. 421, S.C.

(c) If there have been an assignment of the articles, insert in the affi. davit the name of the assignee.

tention of this deponent to apply the then next -term to be admitted an attorney of this honourable court, Sworn (&c.(a).]

D. C. [See 1 Chit. Ar. Pr. 30, 31.]

7. The like, in C. P. In the Common Pleas.

D. C. of — gentleman, maketh oath and saith, that (proceed as in the preceding form to the *, and then thus :] And that he did, previous to last — term, cause notices in writing, stating the names and places of abode of this deponent and the said A. A. respectively, and also stating the place of residence (or “service"] of this deponent for the then last preceding twelve months, to be affixed at the chambers of each of the judges of this honourable court, in conspicuous places, and likewise in the Common Pleas Office; and all which said several notices purported that this deponent intended to apply, as of the then next- - term, to be admitted an attorney of this honourable court. Sworn &c.(a).]

D. C. [See 1 Chit. Ar. Pr. 30.]

8. The like, in either Court, where the Articles have been assigned (6). In the Q. B. (or C. P."]

D. C. of , gentleman, maketh oath and saith, that he really and truly served and was employed by A. A. (the first master), of gentleman, as his clerk, in the practice of an attorney (and solicitor), from the day of the date of certain articles of clerkship, made between the said A. A. [and C. C.) and this deponent, bearing date the day of [&c.], until the day of — in the year 18—, being the full term of

years,

- months, and days. And this deponent further saith, that he was duly assigned, by certain articles of assignment, for the remainder of the said term of five years, unto E. E. of then and still being one of the attornies of her majesty's courts of Q. B., C. P., and Exch. of Pleas at Westminster, and a solicitor in the high court of Chancery; and that he hath really and truly served and been employed by the said E. E. as his clerk, in the practice of an attorney and solicitor, from the day of the date of the said articles of assignment, made between the said A. A., [C. C.], this deponent, and E. E., bearing date the day of [&c.], until the

in the

year being the full term of years, months, and

days, pursuant to the said articles assignment hereunto annexed (anner them). And this deponent further saith, that he hath really and truly served and been employed as clerk, for the full term of five years, pursuant to the said articles of clerkship and assignment above-mentioned: And this deponent further saith (&c. conclude with stating the firing of the notice of the intention for admission, as in the two preceding forms, mutatis mutandis.] Sworn [&c.(a).]

D. C. [See 1 Chit. Ar. Pr. 30, 31.]

day of

18-,

9. The like, in Q. B., where the Clerk served Part of his Time as a Pupil

to a Barrister or Special Pleader. In the Q. B.

D. C. of gentleman, maketh oath and saith, that in pursuance of (a) See Index, title “ Jurat." (b) See the form, Tidd's Supp. 257.

[ocr errors]

of

the articles of clerkship hereto annexed, bearing date the

day of 18–, he hath really and truly served, and was employed by A. A. of in the county of one of the attornies of her majesty's court of Q. B. at Westminster, as his clerk, in the practice of an attorney and solicitor, from the day of the date of the said articles to the day

18—, inclusive, being a period of · years, - months, and

days: And further saith, that, by virtue and under the authority of an act of parliament made and passed in the session of parliament held in the first and second years of the reign of his late majesty King George the Fourth, intituled, “An Act to amend the several Acts for the Regulation of Attornies,” he, this deponent, actually and really was and continued with, and was actually and really employed by of

in the county of -, esq. as his pupil, from the — day of 18–, to the day of — 18—, inclusive, being a period of and that the said

- during the term of such last-mentioned service, was a person boná fide practising as a barrister, [or, “a certificated special pleader in Eng. land;"] and which said services in the whole amount to the full term of five years. And this deponent further saith, that he did on the - day of last deliver at the office, &c. [conclude as in No. 6.]

[ocr errors]

10. Affidavit by the Barrister or Special Pleader in such case. In the Q. B. (or “C. P.” or “ Exch. of Pleas."]

T. T. of , esq. maketh oath and saith, that of actually and really was and continued with, and was actually and really employed by, this deponent, as his pupil, from the

- day of

18–, to the day of

18—, inclusive: And this deponent further saith, that during the whole of such period, he, this deponent, was a practising barrister in England, [or," was actually and bona fide practising as a certificated special pleader in England,as the case may be.] T. T.

Sworn [&c. (a).]

[ocr errors]

11. Affidavit of Payment of Stamp Duty on Articles. In the Q. B. (or “C. P." or " Exch. of Pleas.”]

D. C. of - gentleman, maketh oath and saith, that the stamp duty of £120, imposed on articles of clerkship by an act of parliament made and passed in the 55th year of his late majesty King George the Third's reign, was paid on certain articles of clerkship, bearing date the — day of in the year 18—, and made between A. A. of gentleman, of the one part, [and C. C. of —] and this deponent D. C. (son of the said C. C.] of the other part, as appears by the stamp affixed on the said articles. And this deponent further saith, that the said articles were duly executed by the respective parties therein mentioned, on the day of the date thereof, and were duly enrolled on the day of then next, as appears by the certificate of - (the officer) [or, " the proper officer,"] indorsed thereon.

D. C. Sworn [&c.(a).]

[See 1 Chit. Ar. Pr. 31.]

12. The like where the Articles have been assigned. [Proceed as in the preceding form, to the end, and then as follows :)And this deponent further saith, that the duty of £1:15s. was paid on

(a) See Index, title “ Jurat,"

« PreviousContinue »