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certain articles of assignment, bearing date the day of —, in the year 18—, and made between A. A. of gentleman, of the first part, [C. C. of —and] this deponent of the second part, and E. E. of gentleman, of the third part, as appears by the stamp affixed on the said assignment. And this deponent further saith, that the said assignment was duly executed by the respective parties therein mentioned on the day of
184, (the date), and was duly enrolled on the
then next, as appears by the certificate of (the officer) [or, " the proper officer,"] indorsed thereon. Sworn [&c. (a).]
D. C. [See 1 Chit. Ar. Pr. 31.]
13. The like, where the Party has been admitted in Chancery, or in C. P.
or Erch. [Proceed as in the form, supra, No. 11, to the end, and then thus :]And this deponent further saith, that he was on the
day of 18–, admitted a solicitor of her majesty's high court of Chancery, (or “an attorney of her majesty's court of Common Pleas,” or, “ Exchequer of Pleas,"] and that he still continues to be such solicitor, [or, "attorney.”]
14. Certificate of Service. I do hereby certify that the within-named hath well and truly served me for the term of five years, pursuant to these articles; and that he is a respectable person, and fit and proper to be admitted an attorney of her majesty's court of Queen's Bench (or #C. P." or "Exch. of Pleas,"s at Westminster. Dated the
1839. [See 1 Chit. Ar. Pr. 31.]
15. Fiat for Admission. Let E. D. of gentleman, be sworn, admitted, and enrolled an attorney of her majesty's court of Queen's Bench [or “Č. P.” or “ Exch. of Pleas,"] at Westminster. Dated the
A.D. 1839. (Judge's or Baron's signature.] [See 1 Chit. Ar. Pr. 31.]
16. Oath, or Affirmation, on Admission. I D. C. do swear (or, if a quaker,“ do affirm"] that I will truly and honestly demean myself in the practice of an attorney, according to the best of my knowledge and ability.
So help me God. [See 1 Chit. Ar. Pr. 31.]
17. Affidavit to obtain a Baron's Fiat for an Attorney's Admission to
practise in the Exchequer of Pleas(b), when he has been already admitted
in the Queen's Bench and Common Pleas. In the Exchequer of Pleas.
D. C. of -, gentleman, maketh oath and saith, that the stamp
(a) See Index, title “ Jurat.”
duty of £120 was paid on certain articles of clerkship bearing date the
and made between A. A. of - of the one part, this deponent of the second part, (and C. C. of the third part]; which said articles were executed on the day and year aforesaid, and duly enrolled in the court of -, on as appears by the certificate of the proper officer: And this deponent further saith, that he was duly admitted an attorney of her majesty's court of Q. B. on the
[and was also duly admitted an attorney of her majesty's court of C. P. on the
; (if the case)] and still continues on the roll of attornies of the said courts. Sworn [&c.(a).]
D.C. [See 1 Chit. Ar. Pr. 33.]
18. Fiat of Baron thereon. Let D. C. of gentleman, duly appointed an attorney of her majesty's courts of Q. B. Cand C. P.], be admitted, sworn, and enrolled an attorney of her majesty's court of Exchequer at Westminster. Dated the
18– To the Master of the Court
[Baron's signature.) of Exchequer. This fiat and the above affidavits are left with one of the Masters or his Clerk, after which the Attorney should attend the sitting of the court at Westminster, for the purpose of being sworn: when having been sworn, and having inscribed his name on the
roll kept in court for that purpose, he becomes an admitted attorney of the court of Exchequer, and entitled to a certificate of his admission.
[See 1 Chit. Ar. Pr. 33.]
19. Form of Admission thereon. In the Exch. of Pleas.
term, in the
year of the reign of Victoria. It appearing unto this court that A. X. of -, gentleman, is duly qualified to act as an attorney of her majesty's court of Exchequer at Westminster, and he having this day taken in open court the oaths of allegiance and supremacy, and also taken and subscribed the oath appointed to be taken by attornies by an act of parliament made and passed in the second year of the reign of his late majesty King George the Second, intituled, “An Act for the better Regulation of Attornies and Solicitors;" this court doth hereby admit him an attorney of the said court of Exchequer, and doth order his name to be enrolled by the proper officer of the said court, pursuant to the directions of the said act. Dated the
By the Barons,
Rose. [See 1 Chit. Ar. Pr. 33.]
20. Notice of Intention to apply to be Re-admitted. Notice is hereby given that D. C. of late an attorney of her majesty's court of Q. B. (or “C. P." or "Exch. of Pleas,"] intends to apply on the last day of next term to be re-admitted an attorney of
(a) See Index, title “ Jurat.”
the said court of Q. B. (or “C. P.” or “Exch.” (a)). Dated the day of — 1839.
[See 1 Chit. Ar. Pr. 38.]
21. Affidurit by Attorney, who had ceased to practise, to be Re-admitted
without Payment of Arrears of Stamp Duty (b). In the Q. B. [or“ C. P.” or “Exch. of Pleas."]
A. A. of gentleman, maketh oath and saith, that he this deponent was duly admitted an attorney of this honourable court in term, in the year 18–, and hath from that time up to the month of December, in the year 18—, continued duly to take out his annual certificate, authorizing him this deponent to practise as an attorney, when this deponent ceased to renew the last of such annual certificates, on account of his having [here state the reason for his having ceased to practise, see i Chit. Ar. Pr. 38, which, in the case upon which this form was prepared, was as follows :] become bound in a certain bond as a surety for a relation, who afterwards failed and became insolvent, and this deponent was sued thereupon, and a judgment was obtained against him for £1000 and upwards for debt and costs. And this deponent further saith, that he, being unable to pay the same, was in - A.D. — taken in execution, by virtue of her majesty's writ of capias ad satisfaciendum, and lodged in the gaol of —, where he remained for about three months, since which time the said judgment, and all costs and charges in respect thereof, have been fully paid and satisfied. And this deponent further saith, that owing to his embarrassed circumstances aforesaid, and not on account of any malpractice or improper conduct, or any charge or imputation of his having been guilty of the same, this deponent discontinued and neglected to take out his certificate, as is annually required, to enable him to practise as an attorney aforesaid, whereby it has become necessary that he shall be re-admitted as an attorney of the same court before he can be duly qualified and eligible to practise as an attorney therein. And this deponent further saith, that, during all the time he acted as an attorney, his practice and conduct were fair, just, and honourable, and that he hath not at any time being guilty or accused to have been guilty of any misconduct whatever, rendering him unfit or unworthy to be re-adinitted and enabled to practise as an attorney of this honourable court. And this deponent further saith, that since he was so discharged out of custody as aforesaid, he has been engaged in collecting his debts and settling his affairs, and that he this deponent hath not been engaged in any business, occupation, or employment rendering him unfit to practise as an attorney, nor is there any action depending against him this deponent.”. [In unother form it was thus: " on account of his then and afterwards labouring under a dangerous illness, which prevented him from pursuing or practising his said profession of an attorney, and not from any desire to defraud her majesty's revenue with respect to the stamp duties on such certificates, nor on account of any threat, fear, or apprehension of any application or motion being made to this honourable court or any other court, against this deponent as such attorney as aforesaid."] And this deponent fur
(a) It is the common practice to add ing to re-admission. See 1 Chit. Ar. the place of abode of the applicant for Pr. 38 and 29. the last preceding twelve months in (6) Affidavits for re-admission unthis notice, as in that for an original der other circumstances may easily be admission, but this seems unnecessary, framed from this precedent. the rule which requires it not apply.
ther saith, that from the time when the last certificate he so obtained as aforesaid expired, down to the present time, he this deponent hath not directly or indirectly practised in his own name or in the name of any other person, as such attorney as aforesaid, for his own emolument or otherwise ; nor hath he incurred any penalty whatsoever, by reason of his so practising in his own name or in the name of any other person as such attorney as aforesaid; nor hath he, during the said time, been employed, concerned, or engaged, either as principal or otherwise, in any other profession or business, [or if he have been so employed, state how, thus: “otherwise than and except as clerk to C. C. of -, a respectable attorney at law, whom this deponent served as such clerk from to at a salary of £ per annum," or as the case may be.] And this deponent further saith, that his place of abode during the year now last past was at Sworn [&c. (a).]
A. A. [See 1 Chit. Ar. Pr. 38.]
22. Affidavit on Application for Re-admission, of the Notices of intention
to apply, and of the Filing of the above Affidavit with the Masters, and
of the Delivering it to the Clerk of the Chief Justice of Q. B.(b). In the Q. B. (or “C. P." or “ Exch. of Pleas."]
A. B. of maketh oath and saith, that on the last, being previous to the commencement of this present caused to be affixed on the outside of the Court of Queen's Bench [or“C. P.” or " Exch.”], at Westminster Hall, and in the Queen's Bench (or“C. P.” or" Exch."s Office, on such places as public notices are usually affixed, and also caused to be entered in the books kept for that purpose at the chambers of each of the judges of this honourable court (or in C. P. or Exch. “the book kept for that purpose at the chambers of the judges of this honourable court”] notices in writing stating the name and place of abode of this deponent, and that this deponent intended to apply in this present
term to be re-admitted an attorney of this honourable court: that to the best of this deponent's knowledge and belief, such notices have remained and continued so affixed and entered and undefaced during the whole of this present term : that on the said — day of last this deponent caused the usual affidavit required by the court in that behalf, a copy whereof is hereunto annexed, to be filed at the office of the masters of this honourable court, and also caused a copy of such affidavit to be left with the clerk of the lord chief justice of the Court of Queen's Bench(): that this deponent did, previous to the said first day of this present term, serve the solicitor for the commissioners of her majesty's stamp duties with a notice in writing, stating the name and place of abode of this deponent, and that this deponent intended to apply in this present term to be re-admitted an attorney of this honourable court, by delivering such notice to, and leaving the same with a clerk of the said solicitor at the Stamp Office in Somerset House (d).
(a) See Index, title “ Jurat."
(b) Tbe rule of H. T. 6 Will. 4, i Chit. Ar. Pr. 39, requires this.
(c) See as to the last allegation, R. H. 6 Will. 4.
(d) This is absolutely requisite, see 3 Dowl. 319, 371, 1 Chit. Ar. Pr. 38.
23. Rule thereon for the Re-admission (a). -, in term, Vict. Ex parte Upon reading the affidavits of A. A. [or “ the affidavits of A. A. gent. ) A. A. and W. W.”) it is ordered, that the said A. A. be readmitted an attorney of this court on payment of a penalty of — and taking out a certificate for the present year. Upon the motion of Mr.
By the Court.
24. Affidavit by Attorney to be Re-admitted, where his Agent had omitted
to take out Certificate. In the Q. B. [op"C. P.” or “Exch. of Pleas."]
A. A. of — gentleman, and C. C.of — clerk to D. D. gentleman, severally make oath and say; and first this deponent A. A. for himself saith, that he was duly admitted an attorney of this honourable court in — term, in the year 18—, and duly obtained his annual certificates, authorizing him to practise as such attorney, until the year 18–. And this deponent A. A. further saith, that the said D. D. was his agent from the year 18—, to the year 18—, during which time the said D. D. had general directions from this deponent to take out and procure this deponent's certificate every year, as the same should be requisite to enable this deponent to continue his practice as such attorney as aforesaid. And this deponent A. A. further saith, that he hath lately been informed by the said D. D., and verily believes, that the said D). D. inadvertently omitted to take out or procure this deponent's certificate for the year 18—; but this deponent saith, that he had no notice whatever of his said last-mentioned certificate not having been regularly taken out, before his receiving notice thereof from the said D. D. And this deponent C. C. for himself saith, that he did, on the
- last, serve a true copy of the notice hereunto annexed (annex it] on the solicitor for her majesty's stamp duties, by delivering the same to, and leaving it with a clerk of the said solicitor, in the said solicitor's office, at Somerset House (b). And this deponent further saith, his place of abode continually during the year now last past was at Sworn [&c. (c).]
A.A. [See 1 Chit. Ar. Pr. 39.]
25. Retainer of an Attorney by Plaintiff to sue (d). I A. B. of hereby retain Mr. d. A. to commence and prosecute an action against for the recovery of my claims upon him. Dated the day of 1839. Witness W.W.
A. B. [See 1 Chit. Ar. Pr. 50.]
(a) See 1 Chit. Ar. Pr. 39; see form, 1 Chit. Rep. 101, 102 ; 2 B. & Ald. 314.
(6) This is absolutely requisite ; 3 Dowl. 319, 371; 1 Chit. ar. Pr. 37.
(c) See Index, title " Jurat."
(d) Previous to the 5 Geo. 4, c. 41, it was usual and necessary to file a memorandum of the attorney's war.
rant to sue or defend, a form of which is given by the 25 Geo. 3, c. 80, sch. 2. But since the former act, the practice is unnecessary, and has been discon. tinued. It is recommended however that in all all cases there should be a written retainer. See 1 Chit. Ar. Pr. 50.