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a bankrupt. Griffin v. Eyles. 1 H. Black. 122. 22. An attorney has a lien upon a sum awarded in favour of his client, as well as if recovered by judgment: and if after notice to the defendant the latter pay it over to the plaintiff, the plaintiff's attorney may compel a repayment of it to himself: and he shall not be prejudiced by a collusive release from the plaintiff to the defendant. Ormerod v. Tate. 1 East, 464.

33. The plaintiff having charged the defendant in execution, died; the defendant's wife took out administration to the plaintiff; the court (of K. B.) ordered the defendant to be discharged out of custody; saying, that the plaintiff's attorney had no lieu on the judgment for his costs. Pyne v. Erle. 8 Term Rep. 407. (See tit. SET-OFF.)

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6.

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Two negatives in a plea pleaded in Latin must amount to an affirmative. Ibid.

7.

34. The plaintiff is entitled to set off
interlocutory costs in the same cause,
payable by him to the defendant, a-
gainst the debt and costs recovered
by him on the final result of the
cause; notwithstanding the objec-
tion of the defendants attorney on
the ground of his lien, which only
attaches on the general result of the
costs, &c. of the cause. Howell v.
Harding. 8 East, 362.
35. A settlement of the costs by the
defendant in a suit, in whose favour
they are awarded, with the plain-
tiff, is valid, if made without notice
from the defendant's attorney, of a-
ny claim or lien, and without any
collusion, to deprive the attorney of 9.
his costs. The claims which an
attorney may have on his client for
extra services, or for counsel fees,
make no part of the attorney's lien
upon the taxed costs, or which the
court will protect against the in-
terference of his client. The people
v. Hardenbugh. 8 Johns. Rep. 335.

III. His Privileges.

1. An attorney is privileged from serving corporation offices, though

8.

For a joint cause of action against an attorney with another man, both must be arrested. Branthwait v. Blackerby and another. 2 Salk. 544.

The jurisdiction of the county court of Middlesex does not extend to attornies. Wiltshire v. Lloyd. 1 Douglas, 381.

And a defendant who resides within the jurisdiction of that court is not entitled to the benefit of the statute of 23 G. 2. c. 33. if the plaintiff is an attorney. Hussey v. Jordan. 1 Douglas, 382. But the jurisdiction of the court of conscience for Westminster does extend to attornies. 1 Douglas, 381. 10. An attorney cannot be bail. Hawkins v. Magnall. 2 Douglas, 466. 11. Nor the clerk to the defendant's attorney. Boulogne v. Vautrin, 2 Douglas, 467.

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If an attorney sue as a common erson the court of C. P. will give e defendant leave to plead that le cause of action arose withthe jurisdiction of the court of quests together with other matrs. Tagg v. Madan. 1 Bos. & 'ull. 629.

So in such case if a sum under 40s. e recovered, and the defendant reide in Middlesex, they will allow im to enter a suggestion under the 23 G. 3. c. 33. s. 19. (the Middlesex ounty court act.) Parker v. Vaughin. 2 Bos. & Full. 29.

An attorney shall not have his privilege in a proceeding on the ustom of foreign attachment in Lonlon. Ridge v. Hardcastle. 8 Term Rep. 417.

A bill may be filed against an attorney in the vacation. Waghorne v. Field. 5 Term Rep. 173. . And the day of filing it may be inserted in the memorandum. Dodsworth v. Bowen. 5 Term Rep. 325. 1. An attorney when plaintiff may lay the venue in Middlesex; but when defendant, he has no privilege to change the venue to Middlesex. Yeardley v. Roe. 3 Term Rep. 573. 15. An attorney plaintiff cannot sue an attorney defendant by attachment of privilege and hold him to bail; if he do, the defendant may plead his privilege in abatement, or the court will discharge him out of custody and stay the proceedings, without costs. Barber v. Palmer. 6 Term Rep. 524. Nichols v. Earle. 8 Term Rep. 395. 46. An attorney plaintiff may sue by common process, and indorse his own name on the copy as the attorney, and may afterwards declare by another attorney. Jackson v. Barnard. 7 Term Rep. 35. 47. An attorney when in prison may sue by attachment of privilege for a debt of his own notwithstanding the statute 12 G. 2. c. 13. s. 9. Kaye, one, &c. v. Denew. 7 Term Rep.

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671.

1 Bos. 48. When an attorney sues by attach

12. But, in a criminal case, the attorney for the defendant may be his bail. Rex v. Bowes. 2 Douglas, 467. An attorney cannot be lessee in an ejectment. Ibid. 466.

13. And is not compellable to serve as constable. Rex v. Routledge. 2 Douglas, 538.

14. Where an attorney is defendant, he may change the venue into Middlesex. Wigley v. Morgan, one, &c. 2 Str. 1049. Sed Qr. Not when another defendant joined with him. Townsend v. Duppa. 1 Str. 610.

15. An attorney at law has privilege

to keep the venue in Middlesex, but not, when defendant, to change it thither. Pope v. Redfearne, Burr. 2027.

4

16. A qui tam action is the King's suit; and an attorney defendant shall not have his privilege therein. Kirkham v. Whaley. 1 L. Kaym. 27. 1 Salk. 30. Contra. Q. 17. A philazer of K. B. was arrested per breve, but discharged on commen bail; for he ought to be sued by bill as praesens in curia. Brown's case. 2 Salk. 544.

18. Attorney present at putting in an

answer cannot be obliged to swear. The King v. Watkinson. 2Str.1122. 19. An attorney must be sued by bill, though the plaintiff be also an attorney. Ratcliffe, one, &c. v. Besley. 2 Str. 1141.

20. An attorney may be sued in the common pleas for any sum under forty shillings, and cannot waive his privilege. Gardner v. Jessop, an attorney. 2 Wils. 42. 21. An attorney of the C. P. arrested by a latitat, must plead his writ of privilege; he cannot be discharged on motion. Snee v. Humphreys. 1 Wils. 306. Lane v. Saltmarsh. 2 Salk. 544. Mayor of Basingstoke v. Bonner. 2 Str. 864. 2 L. Raym.

1567.

22. An attorney in London cannot be summoned on the militia, where it is a personal service. It is a personal service, though it may be ex

ocuted by deputy. The case of Jonathan Evindon, an attorney. 2 Str.

1143.

23. Attorney sued in a foreign court, and lying by for a long time, waives his privilege. Hern and Howard. 1 Black. 231.

24. On attachment of privilege sued, præcipe must be left with the Prothonotary. Frogatt v. Tapscot. 2 Black. 919.

25. Remittit damna may be by attor ney; retraxit must be in propria persona. Lamb v. Williams.

1

Salk. 89. 26. An attorney's clerk in open court for mal practice fully answered by his affidavit, cannot be examined ore tenus upon oath. Tyson v. Ironmonger. 1 Wils. 30.

27. Attorney arrested by a latitat. Motion of course to discharge him on filing common bail. Wheeler's case. 1 Wils. 298.

28. An attorney of the common pleas who is actually in custody of the marshall of the King's Bench shall never be suffered to plead his privilege. Windmill v. Cutting. 1

Str. 191.

29. An attorney having sued by his attachment of privilege, was nonsuited, and taken upon a ca. sa. returnable on a general return, and held well enough. Bail excepted to, and not justifying, are as no bail, and cannot render defendant to the Fleet. Perrot, an attorney, v. Hele. 3 Wils,

58.

30.' An attorney can ouly sue by writ of privilege when he sues alone. If he sues by writ of privilege where he ought not, any judgment he may obtain will be erroneous: but he shall not be reversed unless the writ of privilege is brought before the court by certiorari; for the recital in the introductory part of the declaration, that the defendant was attached by writ of privilege," does not furnish sufficient proof that the suit was commenced by writ of privilege. Drew and Jane his wife v. Rose. 2 L. Raym. 1398, and the book there cited.

66

31. An attorney cannot be sued by a- 39. If an attorney sue as a common Comerford v. Price. 1

riginal. Douglas, 312.

But if he is, he is not entitled to be discharged on serving the sheriff with a writ of privilege, but must plead his privilege in abatement. Ibid. 314.

32. An allegation that a man at the time of the commencement of an action fecit and abhuc est an attorney, does not import that he was an attorney when the action was commenced. The Mayor, Aldermen, and Burgesses of Basingstoke v. Vaughan Bonner. 2 L. Raym. 1567. 2

Str. 864. 33. An attorney may plead that he is an attorney.

An attorney need not refer to the record when he pleads that he is an attorney. Scawen v. Garrett. 2 L. Kaym. 1172. 3 Salk.

545.

34. Where an attorney of one court sues an attorney of another, the privilege of that court which is possessed of the cause shall be preferred. Danser v. Berryman. 2 Black. 1325. 1 Black. 19, same point. Shorter and Packhurst, K. B. 35. The statute 12 G. 2. c. 13. which prohibits attornies in prison acting as attornies, only extends to attornies for plaintiffs. Longmore v. Rogers. Willes, 238.

36. The privileges of an attorney only continue while he is a practising attorney, and while has the certificate required by 25 G. 3. c. 80. Brooke v. Bryant. 7 Term Rep. 25. 37. And therefore it was ruled that an attorney who had not practised for several years, might be arrested, though after the suing out of the writ, and before the arrest, he recommenced his practice and took out his certificate. 7 Term Rep. 25. Fairman v. Bryant, S. P. 7 Term Rep. 26.

38. The court of C. P. held that an attorney should not be allowed his privilege unless he shew that he has practised within a year previous to his arrest. Dyson v. Birch. 1 Bos. & Pull. 4.

person the court of C. P. will give the defendant leave to plead that the cause of action arose within the jurisdiction of the court of requests together with other matters. Tagg v. Madan. 1 Bos. & Pull. 629.

40. So in such case if a sum under 40s. be recovered, and the defendant reside in Middlesex, they will allow him to enter a suggestion under the 23 G. 3. c. 33. §. 19. (the Middlesex county court act.) Parker v. Vaughan. 2 Bos. & Full. 29.

41. An attorney shall not have his privilege in a proceeding on the custom of foreign attachment in London. Ridge v. Hardcastle. 8 Term Rep. 417.

42. A bill may be filed against an attorney in the vacation. Waghorne v. Field. 5 Term Rep. 173.

43. And the day of filing it may be

inserted in the memorandum. Dodsworth v. Bowen. 5 Term Rep. 325. 44. An attorney when plaintiff may lay the venue in Middlesex; but when defendant, he has no privilege to change the venue to Middlesex. Yeardley v. Roe. 3 Term Rep. 573. 45. An attorney plaintiff cannot sue an attorney defendant by attachment of privilege and hold him to bail; if he do, the defendant may plead his privilege in abatement, or the court will discharge him out of custody and stay the proceedings, without costs. Barber v. Palmer. 6 Term Rep. 524. Nichols v. Earle. 8 Term Rep. 395.

46. An attorney plaintiff may sue by common process, and indorse his own name on the copy as the attorney, and may afterwards declare by another attorney. Jackson v. Barnard. 7 Term Rep. 35.

47. An attorney when in prison may sue by attachment of privilege for a debt of his own notwithstanding the statute 12 G. 2. c. 13. s. 9. Kaye, one, &c. v. Denew. 7 Term Rep.

671.

48. When an attorney sues by attach

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