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a bankrapt. Griffin y. Eyles. 1 resident in the corporation town. H. Black. 122.
Mayor of Norwich and Berry. 1 W. An attorney has a lien upon a
Black. 636. sum awarded in favour of his client, 2. He is not to be held to bail in cias well as if recovered by judgment: vil cases, being always in curia. and if after notice to the defendant Anon. Loft, 151. the latter pay it over to the plain- 3. Nor to be proceeded against by tiff, the plaintiff's attorney may way of attachment where he has compel a repayment of it to himself: acted for the best though erroneousand he shall not be prejudiced by a ly. Harrington v. Jennings. Lofft, collusive release from the plaintiff 188. to the defendant. Orinerod v. Tate. 4. Attorney of the King's Bench ar1 East, 464.
rested by special original and capi33. The plaintiff having charged the as thereon, out of the same court, is
defendant in execution, died; the not entitled to his discharge by serdefendant's wife took out adminis- ving the sheriff with a writ of pritration to the plaintiff; the court (of vilege, but must plead it sub pede siK. B.) ordered the defendant to be gilli. Crosley v. Shaw. 2 Black. discharged out of custody ; saying, 1085. that the plaintiff's attorney had no 5. Attornies not privileged from serlieu on the judgment for his costs. ving in the militia, or paying for Pyne v. Erle. 8 Perm Rep. 407. substitutes in their stead. Gerrard's (See tit. SET-OFF.)
2 Black. 1123. 34. The plaintiff is entitled to set off 6. When privilege of an attorney is interlocutory costs in the same cause, plead with a writ, his being an atpayable by him to the defendant, a- torney cannot be denied; otherwise gainst the debt and costs recovered if without. Dillon v. Harpur. 2 by him on the final result of the L. Raymond, 898. 2 Salk. 545. cause ; notwithstanding the objec
Salk. 328. tion of the defendants attorney on Two negatives in a plea pleaded in the ground of his lien, which only Latin must amount to an affirmaattaches on the general result of the tive. Ibid. costs, &c. of the cause. Howell y. 7. For a joint cause of action against Harding. 8 East, 362.
an attorney with another man, both 35. A settlement of the costs by the must be arrested. Branthwait v.
defendant in a suit, in whose favour Blackerby and another. 2 Salk. 544. they are awarded, with the plain- $. The jurisdictiou of the county tiff, is valid, if made without notice court of Middleser does not extend from the defendant's attorney, of a- to attornies. Wiltshire v. Lloyd. ny claim or lien, and without
any 1 Douglas, 381. collusion, to deprive the attorney of 9. And a defendant who resides withhis costs. The claims which an in the jurisdiction of that court is attorney may have on his client for not entitled to the benefit of the extra services, or for counsel fees, statute of 23 G. 2. c. 33. if the make no part of the attorney's lien plaintiff is an attorney. Hussey v. upon the taxed costs, or which the Jordan. 1 Douglas, 382. court will protect against the in- But the jurisdiction of the court of terference of his client. The people conscience for Westminster does exv. Hardenbugh. 8 Johns. Rep. 335. tend to attornies. 1 Douglas, 381.
10. An attorney cannot be bail. HawIII. His Privileges.
kins v. Magnall. 2 Douglas, 466.
11. Nor the clerk to the defendant's 1. An attorney is privileged from attorney. Boulogne v. Vautrin, 2
serving corporation offices, though Douglas, 467,
own cause 1
17. If any part of an attorney's bill
ation, the defe be for business done in the court, trial dispute t1 the bill must be delivered a month the charges. before the action is brought, other- Bos. & Pull. 2 wise the plaintiff cannot recover, 26. And a copy though some of the items be for bu- idence witlout siness pot taxable. Winter v. Payne. original. 2 B 6 Term Rep. 645. Hill v. Hum- 27. If judgment phreys. 2 Bos. & Pull. 343.
attorney's bill 18. Seinble this rule would hold though exchequer cha
some of the items were wholly un- not allow inte connected with the plaintiff's profes- ley (in error.)
sional capacity. 2 Bos. &• Pull. 345. 28. Though thi 19. But if an attorney have a demand fere on beha for taxable business, and also for
prevent the conveyancing, and deliver no bill, it seems he might recover for the attorney's bi conveyancing only. 2 Bos. f. Pull.
party, again 3-15.
been obtaine 20. Charges for “ drawing an affida
that judgme vit of debt, and getting it sworn," care that th: are for business done in the courts. isfied. Mit 6 Term Rep. 645.
Term Rep. 12 21. The statute 2 G. 3. e. 23. being 29. If the deferi
beneficial to the subject, ought to the plaintif receive a liberal construction. 6 covered after Term Rep. 646.
tiff's attorney 22. An attorney is not liable to pay bill has been
the costs of taxing his bill under mer is liable
ney on the Milner. 2 1. Black. 357.
in the caus 33. The court of C. P. refused to stay fore the der
proceedings in an action on an at- off the cost torney's bill brought subsequent to another com the order of a judge of K. B. for its ou a sum taxation, but previous to the taxa- court. W tion having taken place. Steven-Rep. 450.
ton v. Watson. 1 Bos. & Pull. 365. 31. An atto 24. On the taxation of costs, the court
of costs of C. P. held delivery of an attor- sheriflum ney's bill to be conclusive evidence
entitled against an increase of charge in a subsequent bill on any of the items Totsil contained it: and strong presump- notice tive evidence against any addition- the al items. Loveridge v. Botham. 1
money Bos. & Pull. 49.
court 25. So when the bill has been deliver
thie ner time before the action
or referred for the
Leld end und
If an attorney sue as a common crson the court of C. P. will give le defendant leave to plead that
cause of action arose with· the jurisdiction of the court of quests together with other mat'rs. Tagg v. Madan. 1 Bos. & 'ull. 629. So in such case if a sum under 405. 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. Vaugh11. 2 Bos. g* l'ull. 29.
An attorney shall not have bis privilege in a proceeding on the custom of foreign attachment in Lonilon. Ridge v. Hardcastle. 8 Terin 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
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 he own name on the copy as the attor
ney, and may afterwards declare by ook another attorney. Jackson v. Bar25.
nard. 7 Term Rep. 35. Term 47. An attorney when in prison may
sue by attachment of privilege for
a debt of his own notwithstanding i his the statute 12 G. 2. c. 13. s. 9. Kaye, he has one, &c. v. Denew. vy Term Rep. rous to 671. 1 Bos. 48. When an attorney sues by attach
42. But, in a criminal case, the attor- ocuted by deputy. The oase of Jon
ncy for the defendant may be his athan Erindon, an attorney. 2 Str.
bail. Rex v. Bowes. 2 Douglas, 467. 1143. An attorney cannot be lessee in an e- 23. Attorney sued in a foreign court, jectment. Ibid. 466.
and lying by for a long time, waives 13. And is not compellable to serve his privilege. Hern and Houard.
as constable. Rex v. Routledge. 2 1 Black. 231. Douglas, 538.
24. On attachment of privilege sued, 14. Where an attorney is defendant, præcipe must be lett with the Pro
he may change the venue into Mid- thonotary. Frogait v. Tapscot. 2 dlesex. Wigley v. Morgan, one, &c.
Black. 919. 2 Str. 1049. Sed Qr.
23. Remittit damna may be by attorNot when another defendant joined ney; retraxit must be in proprio
with him. Townsend v. Inippa. 1 persona. Lamb v. Wi:liams. 1 Str. 610.
Salk, 89. 13. An attorney at law has privilege 26. An attorney's clerk in open court
to keep the venue in Middlesex, but for mal practice fully answered by not, when defendant, to change it his aflidavit, cannot be examined thither. Pope v. Redfearne. 4 ore tenus upon oath. Tyson v. IronBurr. 2027.
monger. 1 Wils. 30. 16. A qui tam action is the King's 27. Attorney arrested by a latitat.
suit; and an attorney defendant Motion of course to discharge him shall not have his privilege therein. on filing common bail.' Wheeler's Kirkham v. Whaley. 1 L. Kaym.
i Wils. 298. 27. 1 Salk. 30. Contra. Q: 28. An attorney of the common pleas 17. A philazer of K. B. was arrested who is actually in custody of the
per breve, but discharged on com- marshall of the King's Bench shall inon bail; for he ought to be sued never be suffered to plead his priby bill as praesens in curia. Brown's vilege. Windinill v. Cutting. 1 2 Salk. 544.
Str. 191. 18. Aitorney present at putting in an 29. An attorney having sued by his at.
answer cannot be obliged to swear. tachment of privilege, was nonsuit
The King v.Watkinson. 2 Str. 1122. ed, and taken upon a ca. sa, returni10. An attorney must be sued by bill, able ou a general return, and held
though the plaintiff be also an at- well enough. Bail excepted to, and torney. Ratcliffe, one, fc. v. Bes- not justifying, are as no bail, and ley. 2 Str. 1141.
cannot render defendant to the Fleet. 20. An attorney may be sued in the Perrot, an attorney, v. Hele. 3 Wils,
common pleas for any sum under 58. forty shillings, and cannot waive 30.' An attorney can only sue by writ his privilege. Gardner v. Jessop, of privilege when he sues alone. If an attorney. 2 Wils. 42.
he sues by writ of privilege where 21. An attorney of the C. P. arrested he ought not, any judgment he may
by a latitat, must plead his writ of obtain will be erroneous : but he privilege; he cannot be discharged shall not be reversed unless the writ on motion. Snee v. Humphreys. 1 of privilege is brought before the l'ils. 306. Lane v. Saltmarsh. 2 court by certiorari ; for the recital Salk. 544. Mayor of Basingstoke v. in the introductory part of the deBonner'. 2 Str. 864. 2 L. Raym. claration, that the defendant was 1567.
attached by writ of privilege," 22. An attorney in London cannot be does not furnish sufficient proof that
summoned on the militia, where it the suit was commenced by writ of is a personal service. It is a per- privilege. Drew and Jane' his ris sonal service, though it may be ex- v. Rose. 2 L. Raym. 1398. and the
book there cited.
31. An attorney cannot be sued by Q- 39. If an attorney sue as a common
riginal. Comerford v. Price. 1 person the court of C. P. will give Douglas, 312.
the defendant leave to plead that But if he is, he is not entitled to be the cause of action arose with
discharged on serving the sheriff in the jurisdiction of the court of with a writ of privilege, but must requests together with other matplead his privilege in abatement. ters. Tagg v. Madan. 1 Bos. & Ibid. 314.
Pull. 629. 32. An allegation that a man at the 40. So in such case if a sum under 405.
time of the commencement of an ac- be recovered, and the defendant re. tion fecit and abhuc est an attorney, side in Middlesex, they will allow does not import that he was an at- him to enter a suggestion under the torney when the action was com- 23 G. 3. c. 33. 8. 19. (the Middlesex menced. The Mayor, Aldermen, and county court act.) Parker v. VaughBurgesses of Basingstoke v. Vaugh- 2 Bos. * Full. 20. an Bonner. 2 L. Raym. 1567. 2 41. An attorney shall not have his Str. 864.
privilege in a proceeding on the 33. An attorney may plead that he is custom of foreign attachment in Lon
an attorney. An attorney need not don. Ridge v. Hardcastle. 8 Terin refer to the record when he pleads Rep. 417. that he is an attorney. Scawen v. 42. A bill may be filed against an atGarrett. 2 L. Kaym. 1172. 3 Salk. torney in the vacation. Waghorne 545.
v. Field. 5 Term Kep. 173. 34. Where an attorney of one court 43. And the day of filing it may be sues an attorney of another, the pri- inserted in the memorandum. Dodsvilege of that court which is pos- worth v. Bowen. 5 Term Rep. 325. sessed of the cause shall be prefer- 44. An attorney when plaintiff may red. Danser v. Berryman. 2 Black. lay the venue in Middlesex; but 1325. 1 Black. 19, same point. when defendant, he has no privilege Shorter and Packhurst, K. B.
to change the venue to Middlesex. 35. The statute 12 G. 2. e. 13. which Yeardley v. Roe. 3 Term Rep. 573.
prohibits attornies in prison acting 45. An attorney plaintiff cannot sue as attornies, only extends to attor- an attorney defendant by attachnies for plaintiffs. Longmore v. ment of privilege and hold him to Rogers. Willes, 238.
bail ; if he do, the defendant may 36. The privileges of an attorney on- plead his privilege in abatement,
ly continue while he is a practising or the court will discharge him out attorney, and while has the certific of custody and stay the proceedings, cate required by 23 G. 3. c. 80. without costs. Barber v. Palmer.
Brooke v. Bryant. Term Rep. 25. 6 Term Rep. 524. Nichols v. Earle. 37. And therefore it was ruled that an 8 Term Rep. 395.
attorney who had not practised for 46. An attorney plaintiff may sue by several years, might be arrested, common process, and indorse his though after the suing out of the own napie on the copy as the attorwrit, and before the arrest, he re- ney, and may afterwards declare by commenced his practice and took another attorney. Jackson v. Barout his certificate. 7 Term Rep. 25. nard. 7 Term Rep. 35. Fairman v. Bryant, S. P. 7 Term 47. An attorney when in prison may Rep. 26.
sue by attachment of privilege for 38. 'The court of C. P. held that an a debt of his own notwithstanding
attorney should not be allowed his the statute 12 G. 2. c. 13. s. 9. Kaye, privilege unless he shew that he has
one, gʻc. v. Denew. ✓ Term Nep. practised within a year previous to 671. his arrest. Dyson v. Birch, 1 Bos. 48. When an attorney sues by attach& Pull. 4.