Time to plead. Plea, Iffue, Notice of trial. No sheriff, &c. to be attorney, &c. Anfwerable for agents. Authority. If he dies. If the agent of the plaintiff's attorney gives the agent for the defendant time to plead, the country attorney cannot fign judgment till that time be expired. Wallace v. Willington, Barnes 256. A plea being delivered in the country held to be bad, and judgment may be figned. Taylor v. Lawson, Barnes 251. If the country attornies agree that the iffue fhall be delivered in the country, and it is notwithstanding tendered in town, and not paid for by the agent, judgment may be figned, for the agreement is void. Hafelfoot v. Duke, Barnes 251. But where the defendant pleads by his attorney in the country, and the plaintiff's attorney accepts it, there he may tender the iffue in the country, and if not paid for there, may fign judgment. Moore v. Hodgson, Barn. 239. Per cur notice of trial cannot be given in the country, but may be well countermanded there. Goodright v. Hoblyn, Barnes 298. a countermand by the agent in town is good. Gerry v. Shilton, Cooke's Rep. 48. By Stat. 1 H. 5. c. 4 It is enacted, that no fheriffs, fheriff's clerk, receiver nor fheriff's bailiff, be attorney in the king's courts, during the time that he is in office with any fuch sheriff. An attorney in the country is answerable for the miftakes of his agent. Collins v. Griffin, Barnes 37. If an attorney be retained, his authority continues till the end of the caufe, or a counter- mand, 1 Roll. 291. 1. 25.; and it cannot be countermanded without a rule of court, or a judge's order. He may fue execution within the year, without a new warrant, 2 Inft. 378. and may profecute it after the year. ibid, but not bring a fci. fa. 1 Salk. 39. So he may acknowledge fatisfaction on receipt of the money. 1 Roll. 366. If an attorney die, or be removed, the juftices fhall make another in his place. Stat. 4 H. 8. c. 18. The roll, not to have writ of privi lege or attach. The clerk of the warrants to certify to the feal Attornies who office, the names of fuch attornies that have dif- bave difconti nued forejudged, continued, and are forejudged the court, and put or put out of out of the roll, and have not filed any warrant of attorney, nor continued their names upon the roll for above four terms paft; and thereupon no fuch perfon fhall have a writ of privilege or attachment fealed, until they have the faid writ figned by the clerk of the warrants, to teftify that their names are on the roll, for which no fee is to be paid, R. Trin. 29 Car. 2. ment. Every attorney pays to the clerk of the warrants 8 d. a term for 8 d. a term, 4d. to the puifne judges (to be dif- his termages, tributed in charity) and 4d. for the criers of the court. If an attorney is ftruck off, and is reftored, he If ftruck off. must confent not to take advantage of his privilege against any action then depending. Moody's cafe, Barnes 42. An attorney admitted fraudulently, was ftruck Admitted frau. off the roll, and an attachment was granted against dulently to be the mafter. 2 Black. Rep. 991. Ex parte Hill and Hargrave. ftruck off. Attornies are not privileged from ferving in the Not privileged militia, or paying for fubftitutes in their ftead. from ferving in Ibid. 1123. Gerard's cafe. the militia. Where an attorney of one court fues an attor- Attornies of difney of another, the privilege of that court which ferent courts. is poffeffed of the caufe, fhall be preferred. Ibid. 1325. Danfer one, &c. v. Berryman. They are liable to be punished in a fummary Attornies liable way, either by attachment, or having their names to be punished in Struck out of the roll for ill-practice, attended with a fummary way. fraud and corruption, and committed against the obvious rules of juftice, and common honesty; but the court will not easily be prevailed on to proceed in this manner, if it appears, that the matter complained of was rather owing to neglect or accident, than defign: or if the party injured has other remedy by act of parliament, or action at law. 12 Med. 251. 318. 440. 583. 657. H 3 They 102 Alfo for bafe and They are alfo liable to be punished for bafe and unfair dealings. unfair dealings towards their clients in the way of bufinefs, as for protracting fuits by little fhifts and devices, and putting the parties to unneceffary expence, in order to raise their bills; or demanding fees for bufinefs that was never done; or for refusing to deliver up their clients writings with which they had been intrufted in the way of bufinefs; or money which has been recovered and received by them to their clients use, and for other such like grofs and palpable abuse. 2 Haw. Pl. of the Cr. 144. 8 Mod. 306. 12 Mod. 516. Action lies against him for neglect, Not liable if he neglect. plead An action lies against an attorney for neglecting to charge a person in execution at his client's fuit, according to a rule of court; although it feems it was rather want of judgment than negligence, 2 Wilf. 325. Ruffell v. Palmer; but the court will not proceed against him for it in a summary way. 4 Burr. 2050. An attorney is not liable to be fued if he neglect if it's a juft debt. to plead, provided it be a juft debt due to the plaintiff, otherwife the court will punish the attorney. Barnes 39. Anon. Not bound to difcover, &c. May detain writings, &c. until paid. Not bound to difcover and give in evidence the contents of a deed fhewn by his client, nor any inftructions given him by his client; nor can be be forced to act against his will. An attorney or folicitor, having fees due to him, may detain writings until his juft fees are paid; but if there are none due to him, the court, on motion, will compel the delivery of thein, 1 Lill. 148.; but he cannot detain writings, which are delivered upon fpecial truft, for the money due to him in that very bufinefs. Med. Caf. L. and Eq. 306. If a man hath a joint caufe of action against two, one an attorney, and the other not, he may arreft both, and declare as usual. 2 Salk. 544. 2 Lev. 129. In Michaelmas term the plaintiff recovered judg ment for 2524. 55. 5d. sued out a fi. fa, to the fheriff of of cofts on money Surry, who levied the whole. Soon after defendant ftending a doc- gave notice to the sheriff to retain the money levied, An attorney has a lien for his bill levied, notwith. quet has been and coming a bank. and that he should apply to the court to fet afide ftruck against proceedings for irregularity. On receipt of this no- the client betice, theriff refufed to pay plaintiff's attorney, who rupt. demanded it. Rule why the fheriff fhould not pay plaintiff's attorney the money with intereft, on an affidavit that the whole fum was due to him for cofts, as attorney for plaintiff, viz. Part of the debt for which faques was taken in execution (which was the amount of cofts taxed in an action brought by Jaques against the prefent plaintiff in the exchequer), and the remainder for the cofts taxed in the action in this court againft Eyles, for the efcape of faques. Atk. 720. Turwin v. Gibson. Dougl. 226. Welch v. Hole, were cited. It appeared that a docquet had been struck against the plaintiff, who after he recovered judgment became a bankrupt. The court, on the authority of the laft cafe, made rule abfolute with cofts, leaving out that part which refpected intereft; and faid, that the circumftance of the docquet being ftruck, was immaterial, Griffin v. Eyles, H. Blacks. Rep. 122. How to proceed to file the articles and get admitted. The affidavit of the due execution of articles is inferted in my Infr. Clericalis, K. B. 4th ed. p. 552. as alfo the affidavit of the fervice under thofe articles. and get admitted, The first of thefe affidavits is to be filed within How to proceed three months (and if neglected there generally is an to file the articles indemnity bill paffes every year fo as to give the clerk an opportunity of filing the fame afterwards) with the clerk of the warrants, at his office, No. 3, Pump Court, Middle Temple: pay 2s. 6d. Before the clerk applies for his fat, he gets this affidavit delivered him back again, by the clerk of the warrants: pay 2s. 6d. Take it with the affidavit of fervice of clerkship and articles, to one of the judges' clerks, who will introduce you to the judge, and on examination, the judge will grant his fiat for |