litating the progress of the cause. At the best, his interposition could only be a hindrance to the actual conduct of the case;-in point of fact, the necessity for employing such an officer engenders great delay, needless expense, and much complication in the proceedings. For these the clerk in court is no way to blame personally. He is the remnant of an ancient officer of the court, who originally performed all the duties which are now executed by the solicitor. Progressive changes in the jurisdiction of the Court, in the nature of its business, and in the habits of society, have gradually brought forward the body of practitioners now called solicitors, (Ex parte The Six Clerks, 3 Ves. 589; Barker v. Dacie, 6 Ves. 687), and transferred into their hands the actual conduct, and management of the cause,-duties which it is evident, since the business of the Court assumed the form it has had for the last three centuries, could not be effectually performed by a body of stationary officers, like the clerks in court. Most of the services they have to perform have long since become not only useless, but positively and extensively injurious to the proper and speedy administration of justice. It has been frequently alleged as a reason for retaining this body in the exercise of their functions, that they were the depositaries of the practice of the Court, which, it was insisted, was of too complicated and recondite a character to be ever acquired by solicitors, and that even the Court itself would, without their assistance, be frequently left in hopeless obscurity. Whatever force considerations of this kind might have been entitled to at one time, it is evident, Solicitors' book. since the vast amount of decision on points of practice, which has been reported since the establishment of the Vice-Chancellor's Court, and the very great change which, within the same period, has been effected by statute and general orders of the Court, that, however true it may be, that the clerks in court were formerly the depositaries of the secrets of practice, those secrets must now be sought, and can be found only, in the modern books of reports. It may also be observed, that whatever deference might formerly have been shewn to the certificate of the clerks in court, the equity judges of the present day have been in the habit of treating their ideas of practice as the result of "a theory of their own," (Wilson v. Bates, 9 Sim. 55; S. C.3 My. & Cr. 201), and as such, entitled to no weight, unless supported by modern authority. The mode of introducing a reform into this branch of the practice of the Court of Chancery has been the subject of much consideration; and though the necessity of a change has been for some years imminent, difficulties of such a nature were interposed, as seemed likely to postpone indefinitely any amelioration. These difficulties have at length been grappled with, and the following, being the first five of the orders recently issued by Lords Cottenham and Langdale, would seem to have been sufficient to set the practice of the Court on a satisfactory footing in this respect:"That there shall forthwith be prepared a proper alphabetical book for the purposes after mentioned, ' and that such book shall be called the Solicitors' Book, and shall be publicly kept at the Office of the 'Six Clerks, to be there inspected without fee or re'ward." (C. & L. 1). or acting in and not by an entered, shall "That every solicitor, before he practise in this Every solicitCourt, in his own name solely, and not by an agent, his own name, 'whose name shall be duly entered as after mentioned, agent duly ' and every solicitor, before he practise as such agent, enter his 'shall cause to be entered in the solicitors' book, in of business, alphabetical order, his name and place of business, may be served 6 6 6 6 name, place &c., where he with wris, or some other proper place in London, Westminster, notices, &c. or the Borough of Southwark, or within two miles ' of Lincoln's Inn Hall, where he may be served with aforesaid, he shall cause a like entry thereof to be ⚫ said six clerks, who shall be entitled to a fee of one 'shilling for every such entry; and that the fund arising from such payment shall be applied, in the 'first instance, in paying the expenses of providing ' and keeping such book." (C. & L. 2). and certify change of his place of busi ness, &c. The entry to be made by the six clerks on payment of fee of 1s. "That all writs, notices, orders, warrants, rules, Service at the place lastly ⚫ and other documents, proceedings, and written com- entered good munications, which do not require personal service ' upon the party to be affected thereby, shall be ' deemed sufficiently served if such document, or a copy thereof, as the case may be, shall be left at the 'place lastly entered in the solicitors' book by the service. entry, copy of affixed in Six 'solicitor of such party; and if any solicitor shall If no such neglect to cause such entry to be made in the solici- the writ, &c., 'tors' book as is required by the second order, then Clerks' Office, 'the fixing up a copy of any such writ, notice, order, unless the ser good service, vice may by consent be made through the post-office. By consent, service may be made through the post-office. Such consent may be re voked. No person to appear, &c., in person, by solicitor or counsel, until entry of name of his solicit or, &c., or if he act in pername and ad son, his own dress. 6 warrant, rule, or other document, proceeding, or written communication for such solicitor in the said 'Six Clerks' Office, shall be deemed a sufficient service on him, unless the Court shall, under special cir'cumstances, think fit to direct otherwise." (C. & L.3). 6 6 "That if any solicitor shall give his consent in writing that the service of all or any writs, notices, ' orders, warrants, rules, or other documents may be 'made upon him through the post-office or otherwise, 'such service shall be deemed sufficient if made in ⚫ such manner as such solicitor shall have so agreed to accept; but it shall be competent for any solicitor giving such consent, at any time to revoke the same by notice in writing." (C. & L. 4). 6 6 6 "That no person shall be allowed to appear or act, ' either in person, by solicitor or counsel, or to take any proceedings whatever in this Court, either as plaintiff, defendant, petitioner, respondent, party intervening, or otherwise, until an entry of the name of his solicitor and his solicitor's agent, if there be one, or if he act in person, his own name and address for service, shall have been made in the soIf such ad- licitors' book at the office of the six clerks; but if dress not within Lon- such address of any person so acting in person, shall don, &c., all services not not be within London, Westminster, or the Borough required to be personal, may of Southwark, or within two miles of Lincoln's Inn through post-Hall, then all services upon such person not re'quiring to be made personally, shall be deemed suffi be made office. 6 cient if a copy of the writ, notice, order, warrant, ' rule, or other document to be served, be transmitted 'to him through her Majesty's post-office, to such 'address as aforesaid." (C. & L. 5). CHAPTER V. COMMENCEMENT OF THE SUIT. 1. Filing and Engrossing the | 4. Suits by Lunatics, &c., 19. by The suit compe- filing a bill or mences by information. signed by Filing and Engrossing the Bill, &c. THE first proceeding in a suit in Chancery is filing a bill or information in the nature of a tition to the Lord Chancellor, or other the person or persons for the time being having the custody of the Great Seal. The bill, or information, or bill and in- Bill must be formation, as the case may be, is usually drawn by counsel. counsel from instructions furnished by the solicitor, and must be settled and signed by counsel; and his name must appear in the engrossment, otherwise it will be ordered to be taken off the file at the plaintiff's cost. If a bill, after being filed, is amended, it is irregular to put it again on the file, without a fresh signature to the draft, although the amendments have only reduced it to the shape in which it was originally drawn and signed by counsel. (Burch v. Rich, 1 Russ. & Myl. 150). An information must Information also be signed by the attorney or solicitor-general, by counsel, who does so upon the certificate of the counsel by attorney or must be signed and also by the solicitor-gene ral. |