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Historical Sketches of the Profession.
391 ther pause of more than a century occurred insure the personal attendance of the in professional legislation, extending to the attorney in his own court. year 1729, when the general act of 2 And by a rule of Michaelmas term, 1573, George 2, c. 23, was passed, com- every attorney was required to give his at. prising numerous regulations, and pro tendance at the court on certain days in viding that the judges, before they admitted Term time. The rule for enforcing this persons as attorneys, should examine and personal attendance was repeated in Trinity inquire, by such ways and means as they Term, 1582, and again in Easter Term, thought proper, touching their fitness and 1614. capacity.
In 1616, a rule was made to limit the Taxation of bills of costs. The statute attorneys in each court to a competent of James, and particularly that of George number, and to remove the superfluous, the 2nd, provised means for regulating and wherein respect was to be had that the controlling the fees and disbursements of most unfit and unskilful persons be re. attorneys and solicitors, subjecting them moved. to a summary taxation by an officer of the By a rule of Hilary Term, 1632, the court, and restraining the recovery of their following regulation was made regarding charges until so investigated. By these the service of a clerkship to an attorney and subsequent statutes various regula- before admission. “ None hereafter shall tions were made to secure the qualifica- be admitted to be an attorney of this court tions of attorneys by service under articles by the space of six years at the least, or of clerkship, and finally by the 6 and 7 such as for their education and study in Vict. c. 73, recognizing expressly the the law shall be approved of by the justices necessity of an examination. Whilst by of this court to be of good sufficiency." this statute some acts of justice were done In 1645, it was ordered by a rule of to the attorneys by increased restrictions court, “ That none should be admitted an on the encroachments of unqualified per- attorney unless he had practised five years sons, very extensive powers were willingly as a common solicitor in court, or had conceded by the profession for the taxa- served five years as a clerk to some judge, tion of all costs, whether relating to busi- serjeant-at-law, practising counsel, attor. ness in court or not, or whether payable ney, clerk, or officer of one of the courts at by the client himself or a third party, and Westminster, and should on examination whether due to the attorney or his execu- be found of good ability and honesty for tors, and such taxation is allowed notwith such employments, and that the court standing the payment of the bill, if the should once in every year, in Michaelmas special circumstances require it, provided Term, nominate 12 or more able and credithe application be made within 12 months. ble practicers--to continue for the ensuing
year to examine such persons as should THE RULES OF COURT.
desire to be admitted attorneys, and ap. Such is the general scope of the statutes, point convenient times and places for the so far as they can bear on the interests of examination ; and the persons desirous of the public and the status of the practi- being admitted were first to attend with tioners. We now proceed to advert to the their proofs of service, then repair to the rules of the superior courts relating to the persons appointed to examine, and being practice of attorneys, their personal attend approved, to be presented to the court and ance, in court and the means by which sworn." their due qualifications were sought to be Members of Inns of Court or Chancery. enforced. The earliest rule of court re- Anciently all attorneys were required to lating to attorneys is that of the Common be members of one of the Inns of Court or Pleas in Trinity term, 1457, 35 Hen. 6, by Chancery, and to be in commons every which it was ordered, “ That none attor- term. This regulation was enforced by ney ne none other make any manner of rules of the superior courts in 1632, and writ or process in any officer's name of the again in Michaelmas Term, 1654 ; Trinity same place, saving only every officer in his Term 1677, and Michaelmas Term, 1684. own name," &c.
The last of these rules was made in MichaelIn Michaelmas term, 1564, the attor- mas Term, 1704, in the reign of Queen neys of the Common Pleas were ordered Anne, of which the following is the subnot to practise in any other court except stance :in causes touching themselves. his it is “ That all attorneys and clerks of highly probable was deemed requisite tol courts not already admitted into one of the 392 Historical Sketches of the Profession.—Metropolitan Law Society.-- New Statutes. Inns of Court or Chancery, shall procure to the Inns of Court or the Inns of Chanthemselves to be admitted into one of the cery. They might elect either the one or Inns of Court, (if those honourable solici- the other class; and they were required tors shall please to admit them,) or into to go into commons "for the greater ease one of the Inns of Chancery, and take in transacting causes, and for the benefit of chambers there, (if conveniently they may their clients." be held).
“ That for the future no person what- METROPOLITAN AND PROVINCIAL soever shall be sworn an attorney, or ad
LAW ASSOCIATION. mitted, or entered a clerk of any of the courts or offices, unless first admitted of
The Second Address of the Committee one of the Inns aforesaid, and bring and of Management has been sent to every at. produce, at the time of his being sworn an torney and solicitor not already enrolled attorney, or admitted or entered a clerk as
amongst the members of the association. aforesaid, a certificate under the hand of It has also been transmitted to the members, the treasurer or principal of the Inn where- in order that they may promote the various of he is admitted, testifying such his ad- objects in view. Not only the committee, mission."
but many of the influential members of the The same rule then recites, “ That by general body, have availed themselves of the the usage, custom, or orders of the Inne present opportunity of calling the attention of Chancery, the members thereof were of Members of Parliament to the grievances obliged to, and did, come into commons, is thus prepared for a favourable considera
of which the profession complains. The way and continue therein according to the orders of such society, to their great ease
tion of many of the important topics com
prised in the Address of the association. The in transacting their causes one with another, and much benefit to their clients, timed, and we augur favourably of its progress.
establishment of the society has been wellbut of late most, or a great number, of the
The attorneys, indeed, are generally abattorneys and clerks had neglected to come into commons, or continue therein, accord- sorbed in the business of their clients and ing to the respective orders of the said Inns rarely attend to their own interests. They of Chancery, io the great decay and detri- aroused to action. We have often in these
endure much importunity before they are ment of those societies. It was therefore ordered that the attorneys and clerks which pages adverted to the progress of profesthen were and should be admitted into any bered more than two or three humdred
sional societies. They have never numof the Inns of Chancery should come into
even in London. The Incorporated Society and continue in commons, according to the is the only instance until now of a numerorders of such society. And in case any
ous association. attorney or clerk slould offend against this rule or any part thereof, such attorney of the metropolitan solicitors have joined
It appears, however, that nearly 300 shall be put out of the Roll of Attorneys, the association, and about double that numand such clerk so offending should be dis- ber of the provincial. Considering the charged and displaced from such office."
usual supineness of the body, this is a large The rule also directed, " That the re- congregation ; doubtless it will be increased spective treasurers and principals of the by next term, and before the meeting of Inns of Chancery, and the antients, rulers, parliament the number will be all that the and governors of the same, should from promoters of the association can reasonably time to time procure a list of the names of
expect. the attorneys and clerks who were not admitted of any of the Inns of Court or NEW STATUTES EFFECTING ALTERA. Chancery, and yearly deliver such list
TIONS IN THE LAW. unto The Right Honourable the Lord Chief Justice, to the intent that the offenders might be compelled to give obe
10 & 11 Vict. c. 82.* dience to the same."e
An Act for for the more speedy Trial, and It will thus be seen that the attorneys
Punishment of Juvenile Offenders. [22nd were required by a long series of rules of
July, 1847.] the courts at Westminster, to belong either
1. Persons not exceeding 14 years of age
committing certain offences may be summarily For further details, see Maugham's Treatise convicted by two justices. Justices may dismiss on the Law of Attorneys, 1825, 1839 and 1843. * This act comes into immediate operation.
New Statutes effecting Alterations in the Law,
393 the accused if they deem it expedient not to inflict 2. Power to justices to hear and determine. any punishment – Whereas, in order in certain One magistrate may, in certain cases, perform cases to ensure the more speedy trial of juvenile acts usually done by two. - That any two or offenders, and to avoid the evils of their long more justices of the peace for any county, ridimprisonment previously to trial, it is expedi- ing, division, borough, liberty, or place in petty ent to allow of such offenders being proceeded sessions assembled, and in open court, before against in a more summary manner than is now whom any such person as aforesaid charged by law provided, and to give further power to with any offence made punishable under this bail them: Be it enacted by the Queen's most act shall be brought or appear, are hereby excellent Majesty, by and with the advice and authorised to hear and determine the case under consent of the Lords spiritual and temporal, the provisions of this act : Provided always, and Commons, in this present parliament as- that any magistrate of the police courts of the sembled, and by the authority of the same, metropolis sitting at any such police court, and That every person who shall, subsequently to any stipendiary magistrate sitting in open court, the passing of this act, be charged vith having having by law the power to do acts usually recommitted or having attempted to commit, or quired to be done by two or more justices of with having been an aider, abettor, counsellor, the peace, shall and may within their respective or procurer in the commission of any offence jurisdictions hear and determine every charge which now is or hereafter shall or may be by under this act, and exercise all the powers law deemed or declared to be simple larceny, or herein contained, in like manner and as fully punishable as simple larceny, and whose age at and effectually as two or more justices of the the period of the commission or attempted com- peace in petty sessions assembled as aforesaid mission of such offence shall not, in the opinion can or may do by virtue of the provisions in of the justices before whom he or she shall be this act contained. brought or appear as herein-after mentioned, 3. Proceedings under this act a bạr to further exceed the age of 14 years, shall, upon convic- proceedings. – That every person who shall tion thereof, upon his own confession or upon have obtained such certificate of dismissal as proof, before any two or more justices of the aforesaid, and every person who shall have peace for any county, riding, division, borough, been convicted under the authority of this act, liberty, or place in petty sessions assembled, at shall be released from all further or other prothe usual place, and in open court, be com- ceedings for the same cause. mitted to the common gaol or house of correc- 4. Mode of compelling the appearance of tion within the jurisdiction of such justices, persons punishable on summary conviction.there to be imprisoned, with or without hard And for the more effectual prosecution of oflabour, for any term not exceeding three calen- fences punishable upon summary conviction by dar months, or, in the discretion of such jus- virtue of this act, be it enacted, That where any tices, shall forfeit and pay such suin, not ex- person whose age is alleged not to exceed 14 ceeding 31., as the said justices shall adjudge, years shall be charged with any such offence or, if a male, shall be once privately whipped, on the oath of a credible witness before any either instead of or in addition to such im- justice of the peace, such justice may issue his prisonment, or imprisonment with hard labour; summons or warrant to summon or to appreand the said justices shall from tiine to time hend the person so charged to appear before appoint some fit and proper person, being a any two justices of the peace in petty sessions constable, to inflict the said punishment of assembled as aforesaid at a time and place to whipping when so ordered to be inflicted out be named in such summons or warrant. of prison: Provided always, that if such jus. 5. Power to one justice to remand and take tices upon the hearing of any such case shall bail.—That any justice or justices of the peace, deem the offence not to be proved, or that it is if he or they shall think fit, may remand for not expedient to inflict any punishment, they further examination or for trial, or suffer to go shall dismiss the party charged, on finding at large upon his or her finding sufficient surety, surety or sureties for his future good behaviour, or sureties, any such person as aforesaid or without such sureties, and then make out charged before him or them with any such and deliver to the party charged a certificate offence as aforesaid ; and every such surety under the hands of such justices stating the shall be bound by recognizance to be confact of such dismissal, and such certificate shall ditioned for the appearance of such person beand may be in the form or to the effect set fore the same or some other justice or justices forth in the schedule hereunto annexed in that of the peace for further examination, or for behalf : Provided also, that if such justices trial before two or more justices of the peace in shall be of opinion, before the person charged petty sessions assembled as aforesaid, or for shall have made his or her defence, that the trial at some superior court, as the case may charge is from any circumstance a fit subject be; and every such recognizance may be enfor prosecution by indictment, or if the person larged from time to time by any such justice or charged ehall, upon being called upon to answer justices to such further time as he or they shall the charge, object to the case being summarily appoint; and every such recognizance which disposed of under the provisions of this act, shall not be enlarged shall be discharged withsuch justices shall, instead of summarily ad- out fee or reward, when the party shall have judicating thereupon, deal with the case in all appeared according to the condition thereof. respects as if this act had not been passed. 6. Application of fines.—That every fine im
New Statutes effecting Alterations in the Lar. posed by any justice under the authority of this officer among the records of the court of geneact shall be paid to the clerk to the convicting ral quarter sessions of the peace; and the said justices, and shall be by him paid over to the clerk of the peace shall transmit to one of her use of the general county rate, or rate in the Majesty's principal secretaries of state a monthly nature of a general county rate, for the county, return of the names, offences, and punishments riding, division, borough, liberty, franchise, mentioned in the convictions, with such other city, town, or place in which the offence in re- particulars as may from time to time be respect of which such fine shall be imposed may quired. have been committed.
12. No forfeiture upon convictions under act, 7. As to the summoning and attendance of but presiding justices may order restitution of witnesses. That it shall be lawful for any jus- property. That no conviction under the autice of the peace by summons to require the at- thority of this act shall be attended with any tendance of any person as a witness upon the forfeiture, but whenever any person shall be hearing of any case before two justices, under deemed guilty under the provisions of this act the authority of this act, at a time and place to it shall be lawful for the presiding justices to be named in such summons; and such justice order restitution of the property in respect of may require and bind by recognizance all per- which such offence shall have been committed sons whom he may consider necessary to be to the owner thereof or his representatives, and examined touching the matter of such charge if such property shall not then be forthcoming, to attend at the time and place to be appointed the same justices, whether they award punishby him, and then and there to give evidence ment or dismiss the complaint, may inquire upon the hearing of such charge; and in case into and ascertain the value thereof in money, any person so summoned or required or bound and if they think proper order payment of such as aforesaid shall neglect or refuse to attend in sum of money to the true owner, by the person pursuance of such summons or recognizance, or persons convicted, either at one time or by then upon proof being first given of such per- instalments at such periods as the court may son's having been duly summoned as herein- deem reasonable, and the party or parties so after mentioned, or bound by recognizance as ordered to pay shall be liable to be sued for the aforesaid, it shall be lawful for the justices be- same as a debt in any court in which debts may fore whom any such person ought to have at- be by law recovered, with costs of suit, accordtended to issue their warrant to compel his ap- ing to the practice of such court. pearance as a witness.
13. Recovery of penalties.—That whenever 8. Service of summons. - That every sum- any justices of the peace shall adjudge any mons issued under the authority of this act may offender to forfeit and pay a pecuniary penalty be served by delivering a copy of the summons under the authority of this act, and such penalty to the party, or by delivering a copy of the shall not be forthwith paid, it shall be lawful summons to some inmate at such party's usual for such justices, if they shall deem it er. place of abode, and every person so required, pedient, to appoint some future day for the by any writing under the hand or hands of any payment of such penalty, and to order the justice or justices, to attend and give evidence offender to be detained in safe custody untū the as aforesaid, shall be deemed to have been duly day so to be appointed, unless such offender summoned.
shall give security to the satisfaction of such 9. Form of conviction. That the justices be- justices for his or her appearance on such fore whom any person shall be summarily con- day; and such justices are hereby empowered victed of any such offence as herein-before to take such security by way of recognizance mentioned may cause the conviction to be drawn or otherwise, at their discretion; and if at up in the form of words set forth in the Sche- the time so appointed such penalty shall not dule to this act annexed, or in any other form be paid, it shall be lawful for the same or of words to the same effect, which conviction any other justices of the peace by warrant shall be good and effectual to all intents and under their hands and seals, to commit the purposes.
offender to the common gaol or house of cor10. No certiorari, &c.—That no such con- rection within their jurisdiction, there to reviction shall be quashed for want of form, or be main for any time not exceeding three calendar removed hy certiorari or otherwise into any of months, reckoned from the day of such adjudiher Majesty's superior courts of record; and cation, such imprisonment to cease on payment no warrant of commitment shall be held void of the said penalty. by reason of any defect therein, provided it be 14. Expenses of prosecutions, how to be paid. therein alleged that the party has been conThat the justices in petty sessions assembled victed, and there be a good and valid conviction as aforesaid, before whom any person shall be to sustain the same.
prosecuted or tried for any offence cognizable 11. Convictions to be returned to the quarter under this act, are hereby authorised and em. sessions. That the justices of the peace before powered, at their discretion, at the request of whom any person shall be convicted under the the prosecutor or of any other person who shall provisions of this act shall forth with thereafter appear on recognizance or summons to prosetransmit the conviction and recognizances to cute or give evidence against any person acthe clerk of the peace for the county, borough, cused of any such offence, to order payment to liberty, or place wherein the offence shall have the prosecutor and witnesses for the prosebeen committed, there to be kept by the proper cution of such sums of money as to the justices
New Statutes effecting Alterations in the Law.
395 shall seem reasonable and sufficient to reim- which do not contribute to the payment of any burse such prosecutor and witnesses for the county rate, some of which raise a rate in the expenses they shall have severally incurred in nature of a county rate, and others have neither attending before the examining magistrate, and any such rate nor any fund applicable to in otherwise carrying on such prosecution, and similar purposes, and it is just that such also to compensate them for their trouble and liberties, franchises, cities, towns, and places loss of time therein, and to order payment to should be charged with all costs, expenses, and the constables and other peace officers for the compensations ordered by virtue of this act in apprehension and detention of any person or respect
such of aces as aforesaid committed persons so charged; and although no convic- or supposed to have been committed therein tion shall actually take place, it shall be lawful respectively; be it therefore enacted, That all for the said justices to order all or any of the sums directed to be paid by virtue of this act payınents aforesaid when they shall be of in respect of euch offences as aforesaid comopinion that the parties or any of them have mitted or supposed to have been committed in acted bona fide, and the amount of expenses such liberties, franchises, cities, towns, and of attending before the examining magistrate, places shall be paid out of the rate in the naand the compensation for trouble and loss of ture of a county rate, or out of any fund applictime therein, and the allowances to the con- | able to similar purposes, where tliere is such a stables and other peace officers for the appre- rate or fund, by the treasurer or other officer hension and detention of the offender, and the having the collection or disbursement of such allowances to be paid to the prosecutor, wit- rate or fund, and where there is no such rate nesses, and constables for attending at the said or fund in such liberties, franchises, cities, petty sessions, shall be ascertained by and cer- towns, or places, shall be paid out of the rate tified under the hands of the justices in such or fund for the relief of the poor of the parish petty session assembled as aforesaid: Provided or township, district or precinct therein, where always, that the amount of the costs, charges, the offence was committed or supposed to have and expenses attending any such prosecution, been committed, by the overseers to be allowed and paid as aforesaid, shall not officers having the collection or disbursement in any one case exceed the sum of 40s.: Pro- of such last inentioned rate or fund; and the vided also, that no expenses shall be allowed to order of court shall in every such case be diprosecutors, witnesses, and constables exceed- rected to such treasurer, overseers, or other ing the sums allowed, according to a scale of officers respectively, instead of the treasurer of fees and allowances authorised and settled by the county, riding, or division, as the case may the justices of the peace at quarter sessions as require. sembled, according to the statute in such case 17. Proceedings against persons acting under made and provided with respect to preliminary this act. - And for the protection of persons inquiries before justices of the peace in cases of acting in the execution of this act, be it enacted, felony.
That all actions and prosecutions to be com15. Orders for payment how to be made.- menced against any person for anything done That every such order of payment to any pro- in pursuance of this act shall be laid and tried secutor or other person, after the amount in the county where the fact was committed, thereof shall have been certified by the justices and shall be commenced within three calendar as aforesaid, shall be forth with made out and months after the fact committed, and not otherdelivered by the clerk of the said petty session wise ; and notice in writing of such action or unto such prosecutor or other person, upon prosecution, and of the cause thereof, shall be such clerk being paid for the same the sum of given to the defendant one calendar month at sixpence for every such person, and no more, least before the commencement of the action and, except in cases hereinafter provided for, or prosecution; and in any such action or proshall be made upon the treasurer of the county, secution the defendant may plead the general riding, or division in which the offence shall issue, and give this act and the special matter have been committed, or shall be supposed to in evidence, at any trial to be had thereupon ; have been committed, who is hereby authorised and no plaintiff shall recover in any such action and required, upon sight of every such order, if tender of sufficient amends shall have been forthwith to pay to the person named therein, made before such action brought, or if a sufor to any other person duly authorised to re- ficient sum of money shall have been paid into ceive the same on his or her behalf, the money court after such action brought by or on behalf in such order mentioned, and shall be allowed of the defendant; and if a verdict shall pass the same in his accounts: Provided always, for the defendant, or the plaintiff shall become that no such order shall be valid, nor shall such nonsuit, or discontinue any such action or protreasurer pay any money thereon, unless it secution after issue joined, or if, upon demurrer shall have been framed and presented in such or otherwise, judgment shall be given against form and under such regulations as the justices the plaintiff, the defendant shall recover his of the peace in quarter sessions assembled shall full costs as between attorney and client, and from time to time direct.
have the like remedy for the same as any de16. Payment of costs and expenses with re- fendant hath by law'in other cases; and though spect to boroughs, &c.--And whereas offences a verdict shall be given for the plaintiff in such cognizable under this act may be committed in action, the plaintiff shall not have costs against liberties, franchises, cities, towns, and places the defendant, unless the judge before whom