I, P. S., of follows:

2. Affidavit in support of Application.

[Title of action, &c., as usual.]

solicitor of the Supreme Court, make oath and say as

1. I was employed by the above-named plaintiff A. B. to commence and prosecute this action by him against the above-named defendant C. D. [or as the case may be, showing the employment of the solicitor].

2. [Here show how far the proceedings in the action have advanced.]

3. [Here state the facts showing that property has been recovered or preserved, and specify (so far as may be) the exact nature and amount of the said property.]

4. I submit that I am entitled to a charge upon the said property so recovered or preserved, and I ask that an order may be made pursuant to the 23 & 24 Vict. c. 127, s. 28, declaring that I am entitled to the said charge. Sworn at [&c., as usual; see post," Affidavits."]

proceeding in any Court of justice, it shall be lawful for the Court or Judge before whom any such suit, matter or proceeding has been heard, or shall be depending, to declare such attorney or solicitor entitled to a charge upon the property recovered or preserved, and upon such declaration being made such attorney or solicitor shall have a charge upon and against and a right to payment out of the property, of whatsoever nature, tenure or kind the same may be, which shall have been recovered or preserved through the instrumentality of any such attorney or solicitor, for the taxed costs, charges and expenses of or in reference to such suit, matter or proceeding; and it shall be lawful for such Court or Judge to make such order or orders for taxation of, and for raising and payment of such costs, charges and expenses out of the said property as to such Court or Judge shall appear just and proper. And all conveyances and acts done to defeat, or which shall operate to defeat, such charge or right shall, unless made by a bona fide purchaser for value, without notice, be absolutely void and of no effect as against such charge or right. Provided always, that no such order shall be made by any such Court or Judge in any case in which the right to recover payment of such costs, charges and expenses is barred by the Statute of Limitations."

The application for a charging order may be made either to the Judge who tried the action, or by summons to a Judge at Chambers (Clover v. Adams, 6 Q. B. D. 622). In practice it is generally made ex parte to the Judge at Chambers, but the Judge may order a summons to be issued. Any application to rescind the order should be made promptly (Re Deakin, [1900] 2 Q. B. 489).

It may be made as soon as the right to the charge accrues; before delivery or taxation of the bill of costs (Pilcher v. Arden, 7 Ch. D. 318; Charlton v. Charlton, 53 L. J. Ch. 971); before trial of the action (Clover v. Adams, supra); or after its dismissal (Jones v. Frost, L. R. 7 Ch. 773). It may be made by the solicitor's personal representative (Baile v. Baile, L. R. 13 Eq. 497) or his assignee of the costs (Briscoe v. Briscoe, [1892] 3 Ch. 543); and by a solicitor discharged without fault (Clover v. Adams, supra); but his charge will generally be subject to the rights of the subsequent solicitor (Re Wadsworth, 29 Ch. D. 517). It cannot be made in favour of the solicitor's London agent (Macfarlane v. Lister, 37 Ch. D. 88).

The order may be enforced by an order for taxation of the solicitor's bill, and if the property is a fund in Court, by an order for payment out of that fund of the amount found to be due (Hunt v. Austin, 9 Q. B. D. 598, where an order for substituted service of the summons was made). In other cases, by an order for the sale of the property and payment to the solicitor out of the proceeds (see the section; see also Re Green, 26 Ch. D. 16; Jackson v. Smith, 53 L. J. Ch. 972).

3. Charging Order thereon (n).

[Title, &c., as in summons, supra.]

-], and

Upon hearing P. S. [and the solicitor for the above-named upon reading the affidavit of P. S., filed the day of 19- [and -]:

It is ordered that the said P. S., the solicitor for the plaintiff [or defendant] in this action, shall have a charge upon [here fill in particulars of the property to be charged] for his costs, charges and expenses of and in reference to this action.

SECTION VI.-ATTACHMENT, FOR NOT ENTERING APPEARANCE OR NEGLECTING TO GIVE NOTICE OF ORDER FOR DISCOVERY, &c.

Attachment against Solicitor for not entering Appearance according to his Undertaking, or neglecting to give Notice of Order for Discovery, &c.

By Ord. XII., r. 18, "A solicitor not entering an appearance, or putting in bail or paying money into Court in lieu of bail in an Admiralty action in rem, in pursuance of his written undertaking so to do, shall be liable to an attachment."

Under Ord. XXXI., r. 23 (post, “ Means of Evidence"), a solicitor who, having been served with an order for discovery or inspection, neglects, without reasonable excuse, to give notice of it to his client, is liable to attachment.

The forms of notice, affidavit and other proceedings for the purpose of obtaining this attachment, and of the writ of attachment, may be framed from those post, title " Attachment."

(n) This form is given in R. S. C., App. K., No. 29.

SECTION I.-NOTICE OF ACTION (a).

1. Notice of Action, by the Solicitor of the Party, where required to be

(c),

I do hereby, as the solicitor for and on behalf of A. B., of according to the statute in that behalf, give you notice that the said A. B. will, at or soon after the expiration of [one calendar month (d)] from the time of your being served with this notice, cause a writ of summons to be sued out of the King's Bench Division of the High Court of Justice against you at the suit of the said A. B., and proceed thereupon according to law (e): For that you, the said C. D. and E. F., on the day of

(a) The Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), s. 2, repealed so much of any public general Act as enacts that in any proceeding to which this Act applies. . notice of action is to be given." This repealing Act applies to any action, prosecution, or other proceeding commenced "against any person for any act done in pursuance or execution or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty or authority" (s. 1).

Notice of action must still be given, if required by an Act of Parliament which is not a public general Act.

(b) It is usual to state the address and addition of the party to whom the notice is given, but this is not absolutely necessary.

(c) The intended plaintiff's name and place of abode should be given in the body of the notice or in the indorsement thereon. As a rule, there is no need to state his addition.

(d) By the 5 & 6 Vict. c. 97, s. 4, "In all cases where notice of action is required, such notice shall be given one calendar month at least before any action shall be commenced; and such notice of action shall be sufficient, any Act or Acts to the contrary thereof notwithstanding." This Act does not apply to local and personal statutes passed subsequent to its date (Boden v. Smith, 18 L. J. C. P. 121).

(e) The notice must show clearly an intention to bring an action (Norris v. Smith,

19-, at ·(f) [&c., stating the cause of action clearly and explicitly, so as to inform the party of the nature of the complaint. If it be for entering the plaintiff's house and seizing his goods it may be stated thus: broke and entered the dwelling-house of the said A. B., at, in the county of and remained therein, and seized and took away his goods, to wit (state the number and description of the goods, or give such a description as will serve clearly to identify them, and show the intended defendant in respect of what seizure the action is to be brought), and deprived him of the possession thereof, and converted the same to your own use, or have hitherto kept and detained the same from him (g)]. [If the cause of action be for a false imprisonment it may be stated thus: assaulted the said A. B., and gave him into custody of a policeman, and caused him to be imprisoned in a police office (or gaol) at for the space of hours] to the damage of the

[If the statute requiring the notice says that the name and address of the solicitor shall be indorsed on it, make such indorsement thus:]

P. A., of No. —,

Street, in the parish of, in the county of

solicitor (h) for the within-named A. B., of No.

Street, in

10 Ad. & El. 188). A letter from plaintiff's solicitor claiming compensation for the injury, and stating that he is instructed to commence proceedings if no satisfactory arrangement is come to, is not sufficient (Mason v. Birkenhead Impr. Commrs., 29 L. J. Exch. 407; 6 H. & N. 72). ·

(ƒ) The time and place of the act complained of should be stated (Breese v. Jerdein, 4 Q. B. 585; 2 G. & D. 720, n. (a); Martins v. Upcher, 3 Q. B. 662; Jacklin v. Fytche, 14 M. & W. 381; 15 L. J. Exch. 102; Leary v. Patrick, 15 Q. B. 266; 19 L. J. M. C. 211). A mistake in the date of a single day will not invalidate a notice which is accurate in all other respects (Green v. Broad, 46 L. T. 888).

(g) Where a notice stated the cause of action to be for that the defendant, on &c., at &c. (stating the day and place), caused a distress to be levied at the plaintiff's place of business, and the declaration was in trespass for breaking and entering, and seizing plaintiff's goods, the notice was held sufficient (Hollingworth v. Palmer, 4 Exch. 267 : 18 L. J. Exch. 409. And see Sabin v. De Burgh, 2 Camp. 196; Pilkington v. Riley, 18 L. J. Exch. 323; 3 Exch. 739; 6 D. & L. 628).

In general a notice of action ought not to be construed with great strictness, and so long as it informs the party substantially of the ground of complaint, it will suffice (see per Abbott, C. J., and Bayley, J., in Jones v. Bird, 5 B. & Ald. 837; Jones v. Nicholls, 13 M. & W. 361; 14 L. J. Exch. 42; Smith v. West Derby L. B., 3 C. P. D. 423; see instances, 3 Burn's J., 29th ed. 1036). It ought to be construed liberally (see per Crompton, J., in Howard v. Remer, 2 El. & Bl. 915; 23 L. J. Q. B. 62).

(h) Where the notice was indorsed by A. and B. as attornies for the plaintiff, and, the partnership having been dissolved, the action was brought by A. only, this was held to be no ground of objection (Hollingworth v. Palmer, 4 Exch. 267; 18 L. J. Exch. 49). See as to the mode of indorsing a solicitor's name and address on a writ, post, p. 34.

according to the statute in that behalf, give you notice, that I, the said A. B., shall, at or soon after the expiration of one calendar month from the time of your being served with this notice, cause a writ of summons to be sued out of the King's Bench Division of the High Court of Justice, against you at the suit of me, the said A. B., and proceed thereupon according to law: For that you, the said C. D. [&c. State the cause of action as directed in the preceding form].

[Where the statute requiring the notice enacts that the name and place of abode of the party shall be indorsed on it, make such indorsement thus:]

A. B., of No. [according to the fact].

Street, in the parish of

in the county of

SECTION II.-DEMAND OF COPY OF WARRANT.

1. Demand of Perusal and Copy of the Warrant from a Constable (i).

To C. D., of

I do hereby, as the solicitor [or agent] of and for A. B., of

according to the statute in that behalf, demand of you the perusal and copy of the warrant, by virtue or under colour whereof you did, on or about the day of last, assault the said A. B., and apprehend and

carry and convey him in custody before J. J., Esquire, one of his Majesty's justices of the peace in and for the county of

[&c., as the case may be].

Dated

Of

Yours, &c., P. A., solicitor for the said A. B.

(1) By the 24 Geo. 2, c. 44, s. 6, "No action shall be brought against any constable, headborough, or other officer, or against any person or persons acting by his order and in his aid, for anything done in obedience to any warrant under the hand or seal of any justice of the peace, until demand hath been made or left at the usual place of his abode, by the party or parties intending to bring such action, or by his, her, or their attorney or agent, in writing, signed by the party demanding the same, of the perusal and copy of such warrant, and the same hath been refused or neglected for the space of six days after such demand." See 2 Pr. 14th ed. 1044.