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it is sufficient to shew the teste of it, without continuance till the declaration. Finch & Wilson one, and in error. 1 Wils. 167. 6. Attachment upon an award of the three foremen, a verdict being given for security. Hall v. Mister.. 1 Salk. 84.

7. No attachment for a voluntary escape. The Gaoler of Shrewsbury's case. 1 Str. 532. 8. Against a witness, subpoenaed, without a tender of expences, but coming to the assizes, and refusing to be sworn, refused. Bowles and Johnson. 1 Black. 36.

ATTAINDER.

1. Attainder of treason by commission on 28 H. 8. c. 15. works corruption of blood. The King v. Morphes. 1 Salk. 85.

2. One attainted of treason in counterfeiting the coin, on stat. 8 and 9 Will. 3. shall forfeit his lands, though corruption of blood is saved by that act. Sir Salathiel Lovell's case, in Dom. Procerum. 1 Salk. 85. 3. An attainted person charged in a civil suit by leave of the chief justice, not to be discharged on motion. Ramsay and Macdonald. 1 Black.

30.

4. A tenant for life, remainder to B. in fee; A. is attainted; King seizes; B. may enter on the King; otherwise if an office had found A. seized in fee. Lynch v. Coote. 2 Salk.

469.

5. The wife of a person attainted under the act of the 22d October, 1779, is entitled to dower out of the estate of her husband, which has become forfeited. Palmer v. Horton. 1 Johns. Cas. 27.

6. Where a person was convicted under the act of forfeiture and attainder, passed the 22d October, 1779, of adhering to the enemies of the state, and all his property, real and personal, was declared to be forfeited; it was held that he could

7.

8.

not, after his return to the state, maintain an action for rent which had accrued prior to the 28th Oc o ber, 1779; nor could he set off the rent against the demand of the plaintiff in the suit against him. Sleght v. Kane. 2 Johns. Cas. 236. Where a person whose real name Joshua Temple De St. Croix, was convicted and attainted under the act of the 22d October, 1779, by the name of Joshua De St. Croix, it was held that the proceedings under the act were to be governed by the rules in cases of attainder, and not by the ordinary course of judicial proceedings; that the conviction contained an imperfect or incomplete descrip tign of the person, which might he supplied by proof; and that the identity of the person was a matter of fact to be ascertained by a jury. Jackson, ex dem. St. Croix v. Sands. 2 Johns. Cas. 267.

Aliter, where the description of the person is false or repugnant truth. Ibid.

9. By the act of attainder, of the 22 October, 1779, estates upon condi tion, did not become forfeited; or vest in the people of the state. Jackson, ex dem. Gratz v. Catlin 2 Johns. Rep. 248.

10. Where a person had purchased land at sheriff's sale, but did not pay the money, and the deed had been delivered as an escrow, until the money was paid, and the pur chaser was, afterwards, attainted, without having performed the con dition, it was held, that the state could not, by paying the money perform the condition, so as to vest the land in the person attainted. Jackson, ex dem. Gratz v. Catlin 2 Johns. Bep. 248.

11. A person attainted under the act, is considered as civiliter mortuus, Ibid.

12. A person who removed within the

British lines during the American war, and died there in June, 1777, was presented by the grand jury, and indicted the 5th May, 1780, un

t b

des

der the act of attainder, of the 22d October, 1779, for an offence charged to have been committed on the 15th April, 1777; and being convicted, judgment was signed on the 14th July, 1783, and his estate forfeited and sold. In an action of ejectment, brought against persons, deriving title under the sale by the commissioners of forfeitures, it was held, that the proceedings were regular, according to the act, and were not now to be questioned, and

ATTORNEY.

I. Admission and Clerkship, Rules
as to, and C.rtificates.
II. His Bills, Taxation and pay:
ment of.

III. His Privileges.

IV. Summary Jurisdiction of the
Court over.

V. His liability on undertakings.
VI. Other Points relative to.

to, and Certificates.

that the judgment was valid and ef- I. Admission and Clerkship, Rules asfeetual. Jackson, ex dem. Williams and others v. Stokes and Thomson. 3 Johns. Rep. 151.

1.

13. By the act of attainder and con-
fiscation, of the 22d October, 1779,
a mere condition did not become for-
feited so as to vest in the people of 2.
the state the right to perform it.
Catlin v. Jackson, ex dem. Gratz
and others, in error. 8 Johns. Rep.

520.

4.

44. Where a person purchased land at sheriff's sale, in 1774, and a deed was delivered to a third person, to be delivered to the grantee, on pay- 3. ment of the purchase-money, and the purchaser did not pay the money, but was, afterwards, attainted, and his estate confiscated in 1779, it was held, that the estate could not, in 1788, by paying the money, perform the condition, or devest the estate which remained in the original debtor or his heirs. Ibid. 15. A person whose estate was confiseated during the late war, under an act of the legislature of Connecticut, for adhereing to the British government, cannot sue here to recover a debt, vested by that confiscation in the state of Connecticut, although no proceedings were had on the part of the state, to reduce the debt into possession, before the treaty of peace. 1 Dallas, 400.

2

Attorney admitted on special circumstances. Fletcher's case. Black. 734. Carter's case. Ibid. 957.

Attorney of B. R. having by mere collusion, and with intent to secure the business arising from the prisoners, taken one of the turnkeys of the King's Bench prison for his articled clerk, the articles were cancelled in court. Frazer's case. Burr. 291.

1

Attornies' names and places of abode, or office in town, to be entered in a book for that purpose at the master's officer; and service of notices, &c. at the place last entered, shall be deemed good. Anonymous. Lofft, 357.

Articled clerk performing all his master's business, may at leisure hours work for wages with another attorney. Blunt's case. 2 Black.

764.

5. Whether a man is an attorney or not must be tried by record. Forster v. Cale. 1 Str. 77.

6. If an attorney has been struck off

the roll, (though at his own request,) and called to the bar, the court will not permit him to be put on the roll again; at least not unless he has been disbarred upon application for that purpose to the Inn of court where he was called. Ex-parte Cole. 1 Douglas, 114. The King v. Greenwood. 1 Black. 222, the

same point.

The court will lay an attorney who has been struck off the roll at his own instance, and applies to be restored, under the terms of taking no advantage of his privilege in any action then pending. 1 Douglas, 114, n.

(And see AGREEMENTS II.

PRACTICE X. PRISONER I. SET OFF, WITNESS II.) 7. No attorney employed as a writer or clerk by any other attorney shall, during such employment, take or have any clerk under articles; and no service to such attorney shall be deemed good. No person articled to an attorney shall serve the agent of such attorney under such articles longer than one year of his clerkship; and such service beyond that time shall not be good. Any person applying to be admitted an attorney of B. R. who has not been admitted an attorney or solicitor of any other court, shall for one full term, previous to application to be admitted, cause his name and place of abode, and the name and place of abode of the attorney to whom he was articled, to be affixed, in legible characters, on the outside of the court of B. K. where public notices are usually affixed, and in a conspicuous place in the chambers of each of the judges of the court, and in the King's Bench Office; otherwise he cannot be admitted an attorney. Reg. Gen. 4 Term Rep.

379.

8. This rule extends to services performed before as well as after Michaelmas term. 4 Term Rep. 492. 9. No person can be admitted an attorney, unless one full term previous to the term in which he applies to be admitted he enter in a book at each of the judge's chambers his name and place of abode, and also the name and place of abode of the attorney to whom he has been artieled. Reg. Gen. 5 Term Rep. 368. 10. Every person admitted an attorney of C. P. (not being an attorney of K. B. or a solicitor in chancery

or in the exchequer) must, before he is sworn, file with the secondary his articles of cherkship, with the affidavit of the execution thereof, and of due service under the same, and that the notices have been giv en required by the rule 31 G. 3. 1 Bos. & Pull. 80.

11. The stat. 2 G. 2. c. 23. requiring (as a previous qualification to being admitted as an attorney) that the party shall continue in the service of the attorney to whom he was artieled for five years, is not complied with by the clerk serving part of the time with another attorney with his master's consent, and the rest of the time with his master. Ex-parte Hill, one, &c. 7 Term Rep. 456. 12. A solicitor in chancery may praetice in the equity side of the exchequer without being admitted & solicitor in the latter court. Med dowcroft v. Holbrooke. 1 H. Blackstone, 50.

13. The stat. 25 G. 3. c. 80. which

gives a penalty against attornies prosecuting or defending, without certificate, a suit in any court hold ing pleas, where the debt or damage shall amount to 40s. or more, does not extend to the sheriff's court;; though an attorney prosecute a suit there by virtue of a writ of justices for more than 40s. Cross v. Kay 6 Term Rep. 663.

14. A common informer may recover penalties against an attorney for not? entering his certificate according to the provisions of 37 G. 3. c. 90.52 26., though no such power is expressly given to him by that statute; for the 25 G. 3. c. 80. which gives that power, and the 37 G. 3. c. 9. are in pari materia. Davis v. E mondson, (in error.) 3 Bos. & Pall

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office, at a different place from that in which the attorney resided, under his direction and advice, was held irregular; and that the practice of having different offices in different places is improper. 4 Johns. R. 191.

II. His Bills, Taxation and Payment of.

1. Reference of attorney's bill to the master. Gregg's case. 1 Salk. 89. 2. An attorney's bill must be delivered on the 3 Jac. 1. c. 7. before any action brought. Clark v. Godfrey. 1 Str. 633.

3. Stat. 3 Jac. 1. c. 7. extends only to attornies of the courts at Westmin

ster. Berkenhead v. Fanshaw. 1

Salk. 86.

4. Clerk in courts bill included in attorney's, and taxed together with it, ordered after attorney's death, to be paid by client to clerk in court, and remainder to the attorney's executrix. The King v. Smollet. The King v. Hamilton. 3 Burr. 1313. 5. An agent's bill cannot be taxed. Anon. 1 Wils. 266.

6. But an agent's bill to an attorney in the country may be taxed by the master. Dixon v. Plant. 1 Douglas, 199.

An action cannot be brought upon an attorney's bill until a month after the delivery. Anon. Lofft, 341. 8. An attorney may obtain an order to stop his client from receiving money recovered in a suit in which he was employed for him, till his bill is paid; but he must give notice to the defendant not to settle. 1 Douglas, 238.

9. Unless such notice is given, the parties may compromise the debt and costs, and the plaintiff release the defendant, without the intervention of the plaintiff's attorney, who in such case will have no remedy for his bill against the defendant. Welch v. Hole. 1 Douglas, 238. 10. Payment to the plaintiff's late attorney, who is changed without 20

leave of the court, will be good. Powell and Little. 1 Black. 8. 11. If an attorney's bill has been delivered a month, and not referred for taxation, the defendant, (in an action brought upon it,) shall not be permitted to question the reasonbleness of the items at nisi prius, nor before the sheriff. Williams v. Frith. 1 Douglas, 198. Hooper v. Till. Ibid. 198.

It is not necessary that an attorney's bill should have been delivered a month to entitle him to set it off in an action brought against him, it being sufficient for that purpose if it has been delivered long enough to have been taxed. Ibid. 199. part of an attorney's bill is for business done in court, and the rest for conveyancing or parliamentary business, the master has power to tax the whole. Ibid. 199.

If

But not if the whole is for conveyancing, &c. Ibid. 199.

12. The court will refer an attorney's bill to be taxed, though all the business be done at the quarter sessions. Ex-parte Williams. 4 Term Rep.

496.

13. An attorney cannot maintain an action for such a bill, unless he has first signed and delivered it. Clarke v. Donovan. 5 Term Rep. 694. 14. And as the statute requires that the bill should either be delivered to the party personally, or "left at his dwelling or last place of abode :" leaving it at his counting-house is not a good delivery. 2 Bos. & Pull.

343.

15. And it must be left in the custody of the defendant. Brooks v. Mason. 1 H. Black. 290. 16. To maintain an action by one attorney against another, for business done by the plaintiff for the defendant before the defendant became an attorney, it is not necessary for the plaintiff to leave his bill signed, the stat. 12 G. 2. c. 13. applying to the case of both parties being attornies when the action is brought. Ford v. Maxwell. 2 H. Black. 599.

17. If any part of an attorney's bill be for business done in the court, the bill must be delivered a month before the action is brought, otherwise the plaintiff cannot recover, though some of the items be for business not taxable. Winter v. Payne. 6 Term Rep. 645. Hill v. Humphreys. 2 Bos. & Pull. 343. 18. Semble this rule would hold though some of the items were wholly unconnected with the plaintiff's professional capacity. 2 Bos. & Pull. 345. 19. But if an attorney have a demand for taxable business, and also for conveyancing, and deliver no bill, it seems he might recover for the conveyancing only. 2 Bos. & Pull.

315.

20. Charges for "drawing an affidavit of debt, and getting it sworn," are for business done in the courts. 6 Term Rep. 645.

21. The statute 2 G. 3. c. 23. being beneficial to the subject, ought to receive a liberal construction. Term Rep. 646.

6

22. An attorney is not liable to pay the costs of taxing his bill under the stat. 2 G. 2. c. 23. s. 23. where the deduction of one sixth is occasioned, not by the particular items being taxed, but by a whole branch of it being disallowed. White v. Milner. 2 H. Black. 357. 28. The court of C. P. refused to stay proceedings in an action on an attorney's bill brought subsequent to the order of a judge of K. B. for its taxation, but previous to the taxation having taken place. Steventon v. Watson. 1 Bos. & Pull. 365. 24. On the taxation of costs, the court of C. P. held delivery of an attorney's bill to be conclusive evidence against an increase of charge in a subsequent bill on any of the items contained it and strong presumptive evidence against any additional items. Loveridge v. Botham. 1 Bos. & Pull. 49.

25. So when the bill has been deliver

ed a proper time before the action brought, and never referred for tax

ation, the defendant cannot on the trial dispute the reasonableness of the charges. Anderson v. May. 2 Bos. & Pull. 237.

26. And a copy of the bill is good evidence without notice to produce the original. 2 Bos. & Pull. 237. 27. If judgment for the plaintiff on an attorney's bill be affirmed in the exchequer chamber, that court will not allow interest. Walker. Bayley (in error.) 2 Bos. & Pull. 219. 28. Though the court will not interfere on behalf of an attorney, and prevent the plaintiff's settling his own cause without first paying the attorney's bill, yet when the adverse party, against whom a judgment has been obtained, applies to get rid of that judgment the court will take care that the attorney's bill is satisfied. Mitchell v. Oldfield. 4 Term Rep. 123.

29. If the defendant's attorney pay to the plaintiff the debt and costs recovered after notice from the plaintiff's attorney not to do so till his bill has been first satisfied, the former is liable to pay over again to the latter the amount of his lien on such debt and costs of the suit. Read v. Dupper. 6 Term Rep. 361. 30. The lien of the plaintiff's attor ney on the debt and costs recovered in the cause must be satisfied before the defendant is entitled to set off the costs recovered by him in another cause against the plaintiff, ou a summary application to the court. Randall v. Fuller. 6 Term Rep. 456.

31. An attorney has a lien for his bill of costs, on money levied by the sheriff under an execution on a judg ment recovered by his client, and is entitled to have it paid over to him, notwithstanding the sheriff has had notice from the party against whom the execution issued to retain the money in his hands, and that the court would be moved to set aside the judgment for irregularity; and notwithstanding a docquet has been struck against the client becoming

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