to him, so that he can read its contents, it is sufficient. Calvert v. Redfearn, 505

10. The rule for an attachment for non-payment of costs, pursuant to the Master's allocatur, between attorney and client, is nisi in the first instance. Spragg v. Willis, 531

11. The rule for an attachment for non-payment of costs between attorney and client is nisi in the first instance. Boomer v. Mellor, 533

12. A rule for an attachment for non-payment of costs may, under certain circumstances, be obtained without personal service. Allier v. Newton, 582

13. If, in consequence of bail not being put in and perfected, the plaintiff obtains an attachment against the sheriff, without having declared de bene esse, the latter may set aside the attachment, upon the defendant being rendered, without the attachment or bail-bond standing as a security. Alexander v. Barrington,

648

14. An attachment for non-payment of costs can only be granted on an affidavit of personal service. Stunell v. Tower, 673

ATTORNEY.

See ATTACHMENT, 6, 8-ATTORNEY AND AGENT, 1, 2, 3-ATTORNEY AND CLIENT, 1, 2-ATTORNEY'S BILL, 1—BARRISTER, 2-Costs in THE CAUSE, 1-DISCONTINUANCE, 2-EXCHEQUER SIDE CLERKS, 1 -INSOLVENT, 1-JUDGMENT AS IN CASE OF A NONSUIT, 23-LIEN, 1, 2, 3-MASTER'S DISCRETION, 4-NULLITY, 2-SECOND ACTION, 2-STAYING PROCEEDINGS, 1SUMMONS, 2-TAXATION, 1, 5, 6, 7-VENUE, 6, 10-UNIFORMITY OF PROCESS ACT, 3-WAIVER, 3, 4. 1. Where there appears to be negligence or ignorance of law on the part of an attorney, which creates unnecessary costs, the Court will order

those costs to be disallowed on taxation, without prejudicing his right to bring an action for them. Cliffe v. Prosser,

21

2. An attorney who is a party to a suit is not entitled to charge a guinea a day for attending the trial, though he acts as his own attorney, unless it appears that it was necessary he should attend in person. Leaver v. Whalley,

80 3. A verdict having been obtained against an attorney, in an action for publishing a libel of a very aggravated nature, but in which the jury only gave 1s. damages, the Court refused to strike him off the roll on the mere ground of the publication of that libel.

Semble-That the Court will not strike an attorney off the roll, unless for some misconduct in his business of attorney, or where criminal proceedings have been taken against him. Ex parte 110

4. Where a plaintiff was nonsuited, and a rule nisi was afterwards granted to set aside the nonsuit on payment of costs, and then the parties entered into an arrangement, without the intervention of the defendant's attorney, to settle the action, by the defendant's giving a bill of sale and warrant to the plaintiff for his debt and costs, but without providing for the costs due by the defendant to his attorney, and the attorney thereupon got the rule discharged for setting aside the nonsuit:-Held, he was justified in so doing. Young v. Redhead,

119

5. In all cases, the order for changing an attorney must be served on the opposite party. Rex v. Sheriff of Middlesex,

147

6. The Court can only interfere to compel an attorney to deliver up deeds in his possession, at the instance of the party who deposited them with hin. In re Thornton, Gent., 156

15. An attorney has no right as against his client to retain money in his hands which he has received as attorney for his client, even though it should be the proceeds of an execution against the goods of a defendant who objects to the amount levied, and who has a rule then pending before the Master, calling on the plaintiff or his attorney to refund part of the money. Sibley v. Leicester, 234

16. The Court will not interfere to compel an attorney to pay over money, the right to which is dependent on the existence of a special agreement between the client and the attorney, which the latter disputes. Hodson v. Terrall,

264

17. An attorney residing within a mile of the Exchequer Office must enter in the proper book either his place of abode, or some other proper place where notices, &c. may be served on him. If he resides beyond one mile, and within ten, he must enter some proper place within one mile; and entering his place of abode is, in such case, not a sufficient compliance with the rule of M. 1 Will. 4, r. 8, Exch.

That rule extends to all proceedings, though only "notices, summonses, orders, and rules" are mentioned in it. Blackburn v. Peat, 293

18. An attorney who has been employed by one party in a cause, and then discharged, is not on that account prevented from acting as attorney for the opposite party, unless some case of misconduct is made out against him. Johnson v. Marriat,

343 19. Where an attorney has not fulfilled his engagement with respect to the loan of money, independent of his character of attorney, the Court

21. Where an attorney has been admitted, but has never taken out his certificate, he is entitled to take it out without re-admission. Ex parte Jones, 451

22. Where an attorney seeks to be admitted, he does not sufficiently comply with the rule of T. T. 33 Geo. 3, by sticking up the notice of his intention to apply in the King's Bench Office and outside the Court, before the sitting of the Court on the first day of the term in which he seeks to be admitted. Ex parte Gordon, 470

23. Where a plaintiff's attorney receives a sum of money from the defendant, it is incumbent on the plaintiff to shew that the receipt was without his authority, otherwise it is money paid to his use. Vorley v. Garrad,

490

27. The Court will not interfere summarily to try the question of negligence on the part of an attorney towards his client's interests. Brazier v. Bryant, 601

28. On applying to re-admit an attorney, it is sufficient if the affidavit clearly shews by its statements that he must have been admitted, without positively stating the fact. Ex parte Wentworth,

606

29. Where an attorney was charged with oppression towards his client, but the application was not made till after three terms had nearly elapsed, and no attempt was made to explain the delay, it was held that the motion was too late. Garry v. Wilks, 649

30. It was held to be no ground for making an application against an attorney, that he had advised his client to hand him over money which the Insolvent Debtors' Court, on the client's application there for his discharge, considered a misappropriation, and for which he was remanded by that Court. Smith v. Tower, 673

31. A rule for striking an attorney off the roll for misconduct being referred to the Prothonotary, he may receive any evidence tending to elucidate the matter.

On a reference to the Prothonotary of a rule for striking an attorney off the roll, on a charge of having hired sham bail in error, the officer reported that the attorney did not actually hire the bail, but was aware that they were hired:-The Court discharged the rule on payment of costs by the attorney. Dicas v. Warne,

812

32. Defendant having paid the debt, plaintiff's attorney proceeded for costs. The attorney being uncertificated, and therefore not entitled to sue for costs, the Court stayed the execution. Meekin v. Whalley, 823

33. It is not competent to an attorney who has not been inrolled to sue for fees or disbursements; where,

ATTORNEY AND CLIENT. See ATTACHMENT, 10, 11-ATTORNEY, 16-ATTORNEY'S BILL, 1— BANKRUPT, 1.

1. An attorney having taken a bill of exchange from his client in payment of a bill of costs, but the bill of exchange not being paid, the attorney had been sued upon it, the Court allowed him to pay the costs of taxing his bill (more than a sixth having been taken off) to the holder of the bill, in part payment. Woolison v. Hodgson,

351

2. An attorney with whom a will has been deposited by the testator will not be compelled to deliver it up to the sole legatee under it. parte Crisp,

ATTORNEY'S BILL.

Ex

455

See MASTER'S DISCRETION, 3-TAXATION, 9.

1. An attorney employed to defend

an action, and receiving from his client the debt and costs, for the purpose of being paid over to the plaintiff, is not entitled to make that sum an item in his bill, so as to increase the amount of it. Woolison v. Hodgson, 360 2. An application to tax an attorney's bill ought to be made at chambers. Bassett v. Giblett, 650

AWARD.

See COSTS, 25-Lien, 2.

1. Where a verdict has been found, subject to a reference, and the award has not been made until some terms afterwards, judgment cannot be entered up as of the term next after the verdict, without special application to the Court. Brooke v. Fearns, 144

2. A motion to set aside an award, made under an order of Nisi Prius, must be made within the first four days of the next term, though it is for objections apparent on the face of the award. Sell v. Carter, 245

3. A motion to set aside an award made under an order of a Judge must be made promptly after the party knows of the award being made. Where such a motion was made after two terms had elapsed, the Court discharged it with costs, though it was alleged by the party moving, that he did not believe that the other party intended to proceed upon the award, as there had been a previous revocation. Worrall v. Deane,

261

4. An award made by a barrister cannot be impeached, on the ground of his having decided contrary to law. Wade v. Malpas, 638

5. Where a rule to set aside an award is made into a special case, the counsel who objects to the award ought to begin and have the reply. Dippins v. Marquis of Anglesea, 647

6. Where matters in difference are referred to a legal arbitrator absolutely, the Court will not entertain a motion for reviewing his decision either upon the law or the facts.

See AFFIDAVIT OF DEBT, 10-ATTACHMENT, 3-BAIL-BOND, 4— BANKRUPT, 3- FELONY - PAYMENT INTO COURT, 1, 6-REG. GEN. T. 4 W. 4, 397; M. 4 W. 4, 769 -RENDER, 1-TENDER, 1-UNIFORMITY OF PROCESS ACT, 10.

1. Where the notice of bail omitted to state the residences of the bail for six months, and whether they were housekeepers or freeholders:-Held, that this was not such a defect as entitled the plaintiff to treat it as a nullity, and an attachment against the sheriff was set aside. The King v. The Sheriff of Middlesex,

5

2. The affidavit of justification must agree with the form: it is not sufficient that it is equivalent. Okill's Bail.

19

7. The affidavit of sufficiency made by bail pursuant to the rules of Trinity Term, must state the bail to be "worth" and not "possessed of" the required sum. Harrison's Bail, 198

8. It is sufficient if the notice of bail given by a prisoner is signed by him as being " in custody," though it does not state in the usual way that he is a prisoner. Frith's Bail, 229

9. The notice of special bail need not state where the bail-piece is filed. Wigley v. Edwards, 282

10. A notice of bail describing him as a houskeeper is insufficient, if he is only a lodger, although on examination it appears that he is a freeholder. Wilson's Bail,

421

12. Where one of the bail put in for a prisoner justifies, time must be granted for justifying another; if neither justified, it would not have been necessary. Foy's Bail,

442

13. If a bail has two places of residence, it is only necessary to state one of them in the notice. Fortescue's Bail, 541

14. The rule of 5 Reg. Gen. T. T. 1 Will. 4, as to changing bail, does