tion is to the

nies.

s. 5.

s. 13.

s. 3.

which admission shall be written on parchment in English, + The 6th Sect in a common legible hand, and signed by the judge, same effect as whereon the lawful stamp shall be first impressed, and the 2d. shall be delivered to the person admitted.† And by s. 5. no person shall act as an attorney, &c. unless such person Aprenticeship shall have been bound by contract in writing, to serve as of 5 years necesclerk for 5 years to an attorney duly sworn and admitted sary for attor in some of said courts; and during said 5 years have continued in such service; and also unless such person, after the expiration of the 5 years, shall be examined, sworn, admitted, and inrolled, in the manner herein required. By s. 13. every person who shall be admitted an attorney in said courts, shall, before he is admitted, take and subscribe the oath following: "I, A. B. do swear, that I Oath to be taken by attornies. "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." And by s. 3. no person shall act as a solicitor, or sue out any writ or process, Solicitors to be or solicit or defend any suit or proceeding in the name of also sworn, &c. any other person, in any court of equity, either in chancery or in the exchequer chamber, or duchy chamber of Lancaster at Westminster, or courts of the counties palatine, or in any other inferior court of equity in England, unless he take the oath hereby appointed to be taken by solicitors, and shall be admitted and inrolled in the said courts, where he shall act as a solicitor. By s. 4. the master of the rolls, two of the masters in chancery, the barons of the exchequer, the chancellor of the duchy, examined before and the judges of the other courts of equity, shall, be-admitted, &c. fore they admit any person to take the oath, examine and inquire touching his capacity; and if the said master of the rolls, &c. or any one of them shall be satisfied that such person is duly qualified, then the said master of the rolls, &c. shall administer the oath to be taken by solicitors, and shall cause him to be admitted a solicitor in

By the 12 Geo. 2. c. 13. s. 8. Eng. Quakers who have served a clerkship with an attorney or solicitor, and shall be qualified, shal!, upon taking their solemn affirmation, instead of the oaths directed to be taken, be admitted and inrolled as attornies or solicitors.

8. 4.

Solicitors to be

such

is to the same effect as the

4th.

s. 7.

Apprenticeships

such court of equity, and his name to be inrolled as such without any fee, other than 1s. for administering such *The Sth sect. Oath; which admission shall be written on parchment in English, and in a common hand, and signed by the master of the rolls, &c. whereon a treble 40s. stamp shall be first impressed, and shall be delivered to the person admitted. And by s. 7 no person shall act as a solicitor, &c. unless such person shall have been bound by conof 5 years equi- tract in writing, to serve as a clerk for 5 years to a solisite for solicitors, citor duly sworn and admitted in one of the said courts of equity, and during the said term shall have continued in such service; and also unless such person, after the expiration of the 5 years, shall have been examined, sworn, admitted, and,inrolled, as herein before required. By s. 14. every solicitor shall, before he shall be admitted and inrolled, take and subscribe the oath following: "I, "A. B. do swear, that I will truly and honestly demean

s. 14.

Oath of solicit

8. 18.

Attornies and

solicitors to be

inrolled in the

proper courts.

s. 20.

myself in the practice of a solicitor, according to the "best of my knowledge and ability." By s. 18. the chief clerk of the king's bench, the clerk of the warrants in the common pleas, the prothonotaries of the counties palatine, and of the great sessions in Wales, or their deputies, and such officers of the inferior courts of law as the judges of the said courts shall appoint, shall, without fee, inroll the name of every person who shall be admitted an attorney in the said courts, and the time when admitted, in an alphabetical order in rolls or books; and the senior clerk of the petty bag office in chancery, the king's remembrancer of the exchequer, the chief clerk of the court of the duchy chamber of Lancaster, the registers of the courts of equity in the counties palatine, and the great sessions of Wales, or their deputies, and such officers of the inferior courts of equity as the judges of those courts shall appoint, shall, without fee, inroll the name of every person admitted as a solicitor in the said courts, and the time when admitted, in alphabetical order; to which rolls, &c. all persons shall have access without fee. By s. 20. any person who shall be admitted an attorney in the king's bench, common pleas, exchequer, counties palatine, and great sessions in Wales, may be

sworn,

mitted a solicitor,

s. 21.

A sworn solicitor

in one court of

equity may be

any other court,

s. 10.

An attorney, &c.

sworn, admitted, and inrolled a solicitor in all or any of the said courts of equity without any fee for the oath, or any stamp on the parchments whereon such admission A sworn attor shall be written, if the master of the rolls, two masters of ney may be adchancery, the barons of the exchequer, the chancellor of the duchy of Lancaster, and the judges of the other courts of equity, shall, upon examining such person, be satisfied that he is duly qualified. And by s 21. any person who shall be admitted a solicitor in any of the said courts, of chancery, exchequer, duchy of Lancaster, counties palatine, and great sessions in Wales, may admitted into be sworn, admitted, and inrolled a solicitor, in all or any of the said other courts of equity, or in any inferior court of equity, without fee for the oath, or stamp on the parchment, in case the master of the rolls, &c. shall be satisfied that he is duly qualified. But it is provided (s. 10.) that any attorney in any of the said courts of law, or solicitor in any of the said courts of equity, with the consent of any attorney in any of the other courts, such of one court may consent being in writing signed by such attorney, and in proceed in anothe name of such attorney, may sue out process, &c. or name of another attorney, and prosecute or defend any action or proceeding in such with his consent. court, notwithstanding such person is not sworn or admitted an attorney of such court. By the 6 Geo. 2. 6 Geo. 2. c. 27, c. 27. s. 2. Eng. any person admitted an attorney in any of the courts of record at Westminster, shall be capable An attorney of of being admitted to practise as an attorney in any infe- courts rior court of record, provided he be qualified according to inferior, the custom of such inferior court. And the 23 Geo. 2. 23 Geo. 2. c. 26. c. 26. s. 15. Eng. further provides, that any person sworn, admitted, and inrolled a solicitor in equity at Westminster, may be sworn, &c. an attorney without fees. of the court of king's bench or common pleas at Westminster, without any fee for the oath, or any stamp on the parchment whereon such admission shall be written, if the judges shall, upon examining such solicitor, be satisfied that he is duly qualified.

any court of

ther court in the

s. 2. Eng.

may practise in

s. 15. Eng.

Solicitors may be admitted attormes

2

swear a grcuter

The 2 Geo. 2. c. 23. provides (s. 11.) that nothing in Judges not to this act shall extend to authorize any judge to admit any number of attor greater number of attornies, than by the ancient usage of his trin for

VOL. II.

C

such

merly allowed.

2 Geo. 2. c. 23. s. 11. Eng.

$. 26.

this act doth not

extend.

s. 27.

such court hath been allowed. And by s. 26. nothing in this act shall extend to the examination, swearing, admission, or inrolment of the six clerks of the court of chancery, or the sworn clerks in their offices, or the waiting clerks belonging to the said six clerks, or the cursiTo what clerks tors of said court, or the clerks of the petty bag office, or the clerks of the king's coroner and attorney in the court of king's bench, or the filazers of said court, or the filazers of the court of common pleas, or the attornies of the court of the duchy chamber of Lancaster, or of the court of exchequer at Chester, or of the courts of the lord mayor and sheriffs of London: Nor by s. 27. to the examination, &c. of the attornies or clerks of the offices of king's remembrancer, treasurer's remembrancer, pipe, or office of pleas in the court of exchequer, at Westminster; but the said attornies and clerks shall be approved, sworn, admitted, and practise in said court of exchequer, or may practise in any other of the courts of record before mentioned, in the name and with the consent of some sword attorney of such court, (such consent to be in writing, and signed by such attorney); and any person who shall be admitted an attorney or solicitor in any of said courts, may practise and solicit in the said offices, as heretofore. And by s. 28. nothing herein shall extend to the examination, &c. of solicitors of the treasury, customs, excise, post-office, salt or stamp duties, or of any other branch of his majesty's revenue, or of the solicitor of the city of London, or of the assistant to the council for the affairs of the admiralty and navy.

8. 29.

Facent on of solecitors of the treasury, Ne

any

By the 3 Jac, 1. c. 7. Eng. an attorney shall not admit other to follow a suit in his name, on pain that each of them shall forfeit £20 to the king and the party grieved; and to be recovered in any court of record by writ of debt, &c. and the attorney shall be excluded. And by the 2 Geo. 2. c. 23. s. 17. Eng. if any sworn attorney of any of the said courts of law shall knowingly permit any other person to prosecute or defend any action in his name, not being a sworn attorney or solicitor, the person convicted thereof shall be disabled to act as an attorney, and his admittance shall be void: And the 22 Geo. 2. c. 46. s. 11. Eng, further provides,

that

s. 24. Eng.

acting.

that if any sworn attorney or solicitor shall act as agent for any person not qualified to act as an attorney or solicitor, or suffer his name to be made use of upon the account or for the profit of any unqualified person, or send any process to such unqualified person, thereby to enable him to appear or practise as an attorney or soli citor, knowing him not to be qualified, and complaint shall be made thereof in a summary way to the court from whence such process did issue, and proof made thereof upon oath to the satisfaction of the court, then such attorney, &c. so offending, shall be struck off the roll, and for ever after disabled from practising as an attorney, &c.; and upon such complaint and proof the said court may commit such unqualified person so practising to the prison of said court, for any time not exceeding one year. By the 2 Geo. 2. c. 23. s. 24. Eng. if any person in his 2 Geo. 2. c. 23. own name, or in the name of any other, shall sue out any writ or process, or prosecute or defend any action, suit, Penalty for unor proceeding, in any court of law or equity, as an at- quatified person torney or solicitor, for gain or reward, without being admitted and inrolled, he shall forfeit £50 to the use of the prosecutor; and be incapable to maintain or prosecute any suit in any court of law or equity for reward. By s. 25. the penalties in this act may be recovered by action of debt, &c. in any of the courts of record at Wesminster, or of the counties palatine, or of great ses- verable with sions in Wales, for offences committed within the jurisdiction of such courts, or at the assizes, or at the quarter sessions where such offence shall be committed, by any person who shall sne within 12 months after the offence, with treble costs: And no such suit or information shall be removed before judgment, or stayed by certiorari, habeas corpus, or other writ. And by the -22 Geo. 2. c. 46. s. 12. Eng. no person shall act as a so- 22Geo. 2. c.46. -licitor, attorney, or agent, or sue out any process at any general or quarter sessions of the peace for any county Penalty for unor place within this kingdom, with respect to matters of qualified person a criminal or civil nature, unless he shall have been ad- sions. mitted an attorney of one of the courts of record at Westminster, and inrolled puraus at to the 2 Geo. 2. c. 23.

s. 25.

Penalties reco

ble costs.

s. 12. Eng.

acting at ses

or