Page images
PDF
EPUB

notices shall be added to the list of notices of admission and re-admission, and placed up on the first day of the term in the said courts, chambers, and offices; and the applicants named in such renewed notices may be examined in the ordinary way in pursuance of such last-mentioned notices, but shall not be admitted until the last day of the term, unless otherwise ordered by one of the said courts or a judge thereof.1

VII. On an application to re-admit an attorney who has been struck off the rolls, the applicant shall, before the commencement of the term next preceding that in which he intends to apply to be re-admitted, give notice thereof, as in the case of an original admission; and the affidavits in support of such application shall be filed at the office of the master, and a copy thereof left at the chambers of the lord chief justice of the court of Queen's Bench before the term on the last day of which the notice for re-admission is intended to be made, and the rule for such re-admission shall be drawn up, on reading such affidavit, and an affidavit of such copy having been left and notices given in compliance with this rule. 2

VIII. A printed copy of the list of the admissions and re-admissions shall be stuck up in the Queen's Bench, Common Pleas, and Exchequer offices, and at the judges' hall or chambers of each court in Rolls-gardens.

2. Regulations approved by the Judges for the Examination of Persons applying to be admitted as Attorneys of the Courts of Queen's Bench, Common Pleas, or Exchequer 3

I. Every person applying to be admitted an attorney of any of the said courts pursuant to the said rules, shall, within the first seven days of the term in which he is desirous of being admitted, leave, or cause to be left with the secretary of the said Incorporated Law Society his articles of clerkship, duly stamped, and also any assignment which may have been made thereof, together with answers to the several questions hereunto annexed, signed by the applicant, and also by the attorney or attorneys, London agent, barrister, or special pleader, with whom he shall have served his clerkship.

II. In case the applicant shall show sufficient cause to the satisfaction of the examiners why the first regulation cannot be fully complied with, it shall be in the power of the said examiners, upon sufficient proof being given of the same, to dispense with any part of the first regulation that they may think fit and reasonable.

III. Every person applying for admission shall also, if required, sign and leave, or cause to be left, with the secretary of the said

1 See Arch. New C. L. Pr. 514. 2 Id. 555.

3 These regulations are the same (with the exception of a few words

here in italics) as those heretofore in force, and made in pursuance of R. E. 9 Vict. See Arch. New C. L. Pr. 514-516.

society, answers in writing to such other written or printed questions as shall be proposed by the said examiners touching his said service and conduct, and shall also, if required, attend the said examiners personally for the purpose of giving further explanations touching the same; and shall also, if required, procure the attorney or attorneys with whom he shall have served his clerkship as aforesaid to answer, either personally or in writing, any questions touching such service or conduct, or shall make proof to the satisfaction of the said examiners of his inability to procure the same.

IV. Every person so applying shall also attend the said examiners at the hall of the said society at such time or times as shall be appointed for that purpose pursuant to the said rule, as the said examiners shall appoint, and shall answer such questions as the said examiners shall then and there put to him, by written or printed papers, touching his fitness and capacity to act as an attorney, and in the usual business transacted by an attorney.

V. Upon compliance with the aforesaid regulations, and if the major part of the said examiners actually present at and conducting the said examination (one of them being one of the said masters) shall be satisfied as to the fitness and capacity of the person so applying to act as an attorney, the said examiners so present, or the major part of them, shall certify the same under their hands in the following form, namely:

"In pursuance of the rules made in Hilary Term 1853 of the courts of Queen's Bench, Common Pleas, and Exchequer, we, being the major part of the examiners actually present at and conducting the examination of A. B. of, &c., do hereby certify that we have examined the said A. B. as required by the said rules, and we do testify that the said A. B. is fit and capable to act as an attorney of the said courts, and in the usual business transacted by attorneys."

Questions as to due Service of Articles of Clerkship, to be answered by the Clerk.

1. What was your age at the date of your articles?

2. Have you served the whole term of your articles at the office where the attorney or attorneys to whom you were articled or assigned carried on his or their business, and if not, state the reason?

3. Have you at any time during the term of your articles been absent without the permission of the attorney or attorneys to whom you were articled or assigned, and if so, state the length and occasions of such absence?

4. Have you, during the period of your articles, been engaged or concerned in any profession, business, or employment other than your professional employment as clerk to the attorney or attorneys to whom you were articled or assigned?

5. Have you, since the expiration of your articles, been engaged or concerned, and for how long time, in any and what profession,

trade, business, or employment other than the profession of an attorney or solicitor?

Questions to be answered by the Attorney, Agent, Barrister, or Special Pleader, with whom the Clerk may have served any part of the Time under his articles.

1. Has A. B. served the whole time of his articles at the office where you carry on your business, and if not, state the reason?

2. Has the said A. B. at any time during the term of his articles been absent without your permission, and if so, state the length and occasions of such absence?

3. Has the said A. B., during the period of his articles, been engaged or concerned in any profession, business, or employment other than his professional employment as your articled clerk?

4. Has the said A. B., during the whole term of his clerkship, with the exceptions above mentioned, been faithfully and diligently employed in your professional business of an attorney or solicitor?

5. Has the said A. B., since the expiration of his articles, been engaged or concerned, and for how long time, in any and what profession, trade, business, or employment other than the profession of an attorney or solicitor?

And I do hereby certify that the said A. B. has duly and faithfully served under his articles of clerkship (or assignment, as the case may be), bearing date, &c. for the term therein expressed, and that he is a fit and proper person to be admitted an attorney.

3. Taking out and Renewal of Attorneys' Certificates.

Whereas by sect. 25 of the stat. 6 & 7 Vict. c. 73, it was enacted, that if any attorney shall neglect to procure an annual stamped certificate authorizing him to practise as such within the time by law appointed for that purpose, then and in such case the registrar of attorneys and solicitors shall not afterwards grant a certificate to such attorney without the order of one of the courts of Queen's Bench, Common Pleas, or Exchequer, or one of the judges thereof, to issue such certificate:

And whereas it is expedient, that upon the application of an attorney having neglected for the space of one whole year to procure or to renew an annual stamped certificate, the judges should have means of inquiring as to the circumstances under which he has omitted to commence, or has discontinued to practise, and as to his conduct and employment during the term of such omission or discontinuance :

It is ordered, that from and after the last day of Trinity Term next, every person who shall intend to apply on the last day of term, or in vacation, for such order, shall, three days at the least previous to the first day of the term on the last day of which the application is intended to be made, or in case the application is to

be made in vacation, shall, previous to the first day of the preceding term, leave at the office of the masters of the court in which he intends to make the application, a notice in writing, containing his name and place of abode for the last preceding twelve months; and that before the said first day of term he shall enter or cause to be entered a like notice in two books kept for that purpose, one at the chambers of the lord chief justice or chief baron, and the other at the chambers of the other judges or barons; and shall before the said first day of term cause to be filed the affidavit upon which he seeks to obtain or renew his said certificate at the office of the masters aforesaid, and a copy thereof to be also left at the chambers of the lord chief justice of the court of Queen's Bench.1

II. The masters shall reduce such notices into alphabetical order, and add the same to the list of admissions and re-admissions; and the order for the granting the certificate shall be drawn up on reading such affidavit of such copy having been left in compliance with this rule.2

III. Upon an application to dispense with the usual notice, and to take out or renew the certificate of an attorney as aforesaid, a summons shall be served on the registrar of attorneys, calling on him to show cause within ten days why such certificate should not be issued; and if no cause be shown to the satisfaction of the judge, an order may be made for issuing such certificate, if the judge shall think proper.3

CAMPBELL.
JOHN JERVIS.
FRED. POLLOCK.
J. PARKE.

E. H. ALDERSON.

Signed the 20th day of January,
A.D. 1853.

T. T. COLERIDGE.
C. CRESSWEll.
W. ERLE.

CHARLES CROMPTON.

1 Same as R. E. 9 Vict. Arch. New C. L. Pr. 524.

2 Same as R. E. 9 Vict. Id.

3 Same in substance as R. E.

9 Vict. r. 2. Arch. New C. L. Pr. 524.

766

DIRECTIONS

TO THE MASTERS OF THE COURTS

FOR THE TAXATION OF COSTS.

(In lieu of Directions now in force.)

1. Between the 1st day of September and the 24th day of October in each year, one of the masters of the courts of Queen's Bench, Common Pleas, or Exchequer shall have authority to tax bills of costs, take references, and perform other necessary and immediate matters arising in or appertaining to any or either of the said courts at the office of his own court; and for such purpose one of the masters shall attend on certain days in each week, as may be found necessary, and of which due notice shall be affixed in the judges' chambers and in the respective offices of the masters of each court; and such master shall be considered as the vacation master.1

2. In order to diminish as much as possible the costs arising from the copying of documents to accompany the briefs of counsel, the masters are to allow only the copying of such documents, or such parts of documents, as they may consider necessary for the instruction of counsel, or for use at the trial.2

3. No fee to counsel to be allowed on writs of trial, except on trials before the judge of the sheriffs' court of London, or of other courts of record where attorneys are not allowed to practise, and then one guinea only.3

4. The masters shall have discretion in all cases to allow as between party and party the fees of counsel or special pleader for drawing pleadings or other proceedings, whether special or otherwise, and advising.a

5. When judgment is signed on a cognovit, or on a judge's order authorizing the plaintiff to sign judgment, no declaration to ground judgment shall be necessary, or allowed on the taxation of

costs.5

6. The costs of attendance by counsel or special pleader before a judge at chambers, shall in no case be allowed as between party and party, unless the judge shall certify for such allowance."

7. In all actions on contract, other than cases wherein by reason of the nature of the action no writ of trial can by law be issued, where the sum recovered or paid into court, and accepted by the plaintiff in satisfaction of his demand, or agreed to be paid on the settlement of the action, shall not exceed twenty pounds (without

1 See Arch. New C. L. Pr. 16.

2 See Id. 217.

3 See Id. 218.

4 See Id. 217.

5 See Id. 450. 461.

See Id. 421.

« EelmineJätka »