ment of privilege, his name need not be indorsed on the writ; for statute 2 G. 2. c. 23. s. 22, which requires the name of the plaintiff's attorney to be indorsed on the writ, only extends to cases where the attorney sues for another person. Fields, one, &c. v. Lewen. 4 Term Rep. 275.

4

49. An attorney (defendant) is only entitled to four days notice to plead, though he reside more than 20 miles distance from London. Mann v. Fletcher. 5 Term Rep. 369. 50. In an action by an attorney for words spoken of him in his profession, he need not prove that he is an attorney by his admission, or by a copy of the roll of attornies; proof that he acted as such is sufficient. Berryman, one, &c. v. Wise. Term Rep. 366. 51. An attorney of B. R. in pleading his privilege against being sued by original, improperly stated the custom of this court to be, not to compel its attornies to answer an original writ, unless first forejudged from their office, &c. (which is the custom in C. B., but not in this court) but held that enough appearing to sustain the plea, the custom which had no foundation here (of which the court would take notice) might be rejected as surplusage. Stokes v. Mason. 9 East, 424.

52. Attornies, plaintiffs, are not with

in the London court of conscience act 39 and 40 G. 3 c. 104, compellable to sue there for a debt under 51. at the peril of costs. Board v. Parker. East, 47.

53. And this, though the defendant were also an attorney. 7 East, 50. 54. An attorney of this court, who had ceased to practice for a year, and had entered the army of the United States, was held to have lost his privilege. Brooks v. Patterson. 2 Johnson's Cases, 102. 55. An attorney is not bound to proceed in a suit, unless his client pays his costs; nor will the court compel him to proceed, until his costs are

paid or secured. Castro and wife v. Bennett. 2 Johnson's Rep. 296.

IV. Summary Jurisdiction of the court

1.

over.

If an attorney of this court doth any wrong quatenus an attorney in an inferior court, this court will oblige him to answer the complaint. Evans v. P. an attorney of the C. P. 2 Wils. 382.

2. The court will not, upon motion, compel an attorney, who has made a mistake, (however fatal,) to indemnify his client. Barker v. Butler. 2 Black. 780.

3. Rule on an attorney, late deputy steward of a manor, to deliver up the court books to the principal steward. Marshall's case. 2 Black. 912.

6. The court will not suffer an attorney to declare that his client told him before action brought, he should waive it, thereby defeating the client of his remedy. Goodlight v. Bridge. Lofft, 27.

7. Attorney ordered to pay the costs where no plaintiff to be found. Gynn v. Kirby. 1 Str. 402.

8.

9.

Attorney ordered by rule to deliver writings. Strong v. Howe. 1 Str. 621.

Motion was made to compel an attorney to appear for J. S. and the court held he was not compellable to appear for any one, unless he takes his fee, or backs the warrant, then they will compel him. Anonymous. 1 Salk. 87.

10. Where writings come into an attorney's hands in the way of his business as an attorney, the court upon motion will make a rule upon him to deliver them back to the

party; but where they come into his hands in any other manner, or on any other account, the party must resort to his action. Goring v. Bishop. 1 Salk. 87.

11. Upon a parol promise to save bail harmless, the court will not interfere in a summary way, and when an affidavit has been read and filed it cannot be taken off the file. Beale v. Langstaff and his Bail. 2 Wils.

371.

12. Attorney and two bail ordered to the pillory for putting in feigned names to bail piece. Anonymous. 1 Strange, 384.

13. Attorney sworn of a particular court may be under the controul of the Common Pleas or King's Bench, in matters not directly in his business as an attorney, because he gains credit as an officer of the court, and may be called on to rectify misconduct committed by him under that credit. Parker v. Marshal. Lofft, 271.

14. An attorney cannot be compelled to swear his plea, unless where it is a foreign plea; but if he put in a false or frivolous plea in deceit of the court, he may be fined. Pierce v. Blake. 1 Salk. 515. 15. An attorney fined 500l. and imprisoned for taking 200l. of one charged with forgery, to let him out of custody of a tipstaff. The King v. Vaughan. 1 Wilson, 22. 16. A party cannot change his attorney without the leave of the court. Macpherson v. Rorison. 1 Douglas,

217.

17. The court under circumstances will entertain a summary jurisdiction over an attorney of the court in obliging him to deliver up deeds, &c. on satisfaction of his lien, though they came into his hands as steward of a court, and receiver of rents. Hughes v. Mayre. 3 Term Rep. 275.

18. But if it appear that a third person is interested in the deeds, the court will take a security from the person to whom they are delivered

to produce them on demand for the inspection of such third person. 3 Term Reports, 275.

19. After verdict the court of C. P. refused to compel an attorney to discover his client's place of abode. Hooper v. Harcourt. 1 H. Black.

534.

20. An attorney is bound to disclose, when called as a witness by the adverse party, the contents of a notice which he received, to produce a paper in the hands of his client; the privilege of the client only extending to exclude the disclosure of any fact communicated confidentially to the witness in the character of his attorney. Spenceley, qui tam, v. Schulenburgh. 7 East, 357. 21. The court will not compel an attorney, upon a summary application, to deliver up, on payment of his demand, a lease put into his hands for the purpose of making an assignment of it; there being no cause in court, nor any criminal conduct imputed to him in respect of it. In the matter of S. Lawe. 8 East, 237.

7. Neglecting to charge defendant in custody in due time, subjects an attorney to an action. Pitt v. Yalden. 4 Burr. 2060.

8. Attorney's consent binds the client, though contrary to his express orders. Latuch v. Pasherante. Salk. 86.

1

Notice of action (required by a penal statute) is not a commencement of the suit, so as to subject the plaintiff or his agent to attachment for misbehaviour, previous to the suing out the writ. Gordon v. Powis. 2 Blackstone, 781.

10. Service on an attorney's agent considered as service on himself. Anon. Lofft, 247.

11. If an attorney be convicted of felony, the court will strike him off the roll, though he has been burut in the hand, and suffered imprisonment pursuant to his sentence, because he is an unfit person to practice as an attorney. Ex-parte Brounsall. Cowper, 829. 12. The undertaking of the defendant's attorney, in order to procure his discharge, to put in bail or pay the debt, is not within stat. 23 H. 6, c. 9; which avoids all undertakings made for a prisoner's discharge, except bond taken by the sheriff for the prisoner's appearance, &c. because it is given to the plaintiff in the action, and not to the sheriff. Rogers v. Reeves. 1 Term Reports,

418.

13. On the defendant's arrest his attorney procured his enlargement by undertaking to give a bail-bond to the sheriff in due time; which he afterwards neglected to do, and the

plaintiff recovered against the sheriff for the escape: held, that such undertaking being contrary to the statute 23 H. 6, c. 9, the court would not proceed summarily against the attorney to make him pay the debt and costs for his breach of faith. Sedgeworth v. Spicer. 4 East, 568. (And see Fuller v. Prest. 7 Term Rep. 109, SHERIFF I.)

14. If A. be indebted to B. and pay such debt to the attorney of a person suing A. in B.'s name, but without his authority, A. is notwithstanding obliged to pay B. again; and A's remedy is against the attorney who trusted to the counterfeited warrant of attorney from B. although he conceived that he was acting under the real authority of B. Robson v. Eaton. 1 Term Rep.

62.

15. Where one conveys land as the attorney of another, he must do it in the name of his principal, and as his act, and not in his own name or as his own act. Fowler v. Shearer. 7 Mass. 14.

16. Where an attorney gave a receipt for a promissory note without expressing the purpose for which he received it, it was held, that the presumption was, that he received it to be collected, and this presumption, confirmed by other circumstances, was sufficient evidence to support an action against him by the payee of the note, for neglect in not suing the maker. Smedes v. Elmendorf. 3 Johns. Rep. 185. 17. Where an agreement, under seal, was made between A. and B. (as attornies of C.) and D., and A. and B. brought an action in their own names against D. for a breach of covenant, it was held, that an agree ment purporting to be made by a person as attorney for another was void; and that if it was to be considered as an agreement with C.. the principal, then the action should have been in his name, so that, in either way, A. and B. could not re

cover. Bogart and another v. De Bussy. 6 Johns. Rep. 94. 18. An appearance by an attorney of the court, without a warrant, is good, as to the court; but the defendant has his action against the attorney. Denton and others v. Noyes. 6 Johns. Rep. 296. Aliter, if there be any fraud or collusion between the attorney of the plaintiff and the attorney for the defendant. Ib.

Or if the attorney for the defendant be not responsible, or not perfectly competent to answer to his assumed client, the court will relieve against the judgment. Ib. 19. And the court, in order to protect the plaintiff from suffering by the act of the attorney, and, at the same time, to save the defendant from injury, will let the judgment stand, but stay all proceedings, and let the defendant in to plead, if he has a defence. Denton and others v. Noyes. 6 Johns. Rep.

296.

20. Where in a suit against an attorney of this court, the plaintiff recoyered less than 25 dollars, it was held, that the defendant was not liable for costs; since by the act (28 sess. c. 93 s. 6.) attornies may be sued before justices of the peace, in the same manner as other persons, except during the sitting of the court. Moulton v. Hubbard. 6 Johns. Rep. 332.

21. A. having purchased a lot of land of B. the title of which was doubtful, released and reconveyed to B. his right and title to the lot; and at the request of B. consented that B. might use the name of A. in an action of ejectment to recover the land, but A. was not to be at any further expence, or have any thing to do with the suits or costs in question, except as to the using his name, if necessary. B. employed C., an attorney, to bring the action of ejectment, and told C. that A. had consented to let his name be used, and C. accordingly used the name of

to pay.

A. as one of the lessors. The plaintiff in the suits was non-suited; in consequence of which, A., as one of the lessors, was obliged to pay the costs. A. brought an action on the case against C. the attorney, for using his name without his consent, so as to subject him to the payment of costs, &c.; it was held, that the authority given by A. to B. being conditional and limited, C. followed the directions of B. at his peril, and had no right to use the name of A so as to subject him to any costs or expences; and that A. was entitled to recover of C. the amount of the costs which he had been compelled Bradt v. Walton and Van horne. 8 Johns. 298. 22. Where a writ of error is brought to this court, on a judgment obtained in a court of common pleas, and the judgment below is affirmed; the attorney of the plaintiff in error is not bound to pay the costs in error, on the ground, that before the judgment was obtained in the court below, the plaintiff had removed out of the state, and his attorney had not filed any security for costs. The bringing of a writ of error is not the commencement of such a suit as would render the attorney responsible for the costs; nor does the case come within the meaning of the 14th rule of January term, 1799, as to filing security for costs. Frary v. Dakin. 8 Johns. Rep.