Sidebilder
PDF
ePub

to do, any thing herein contained to the contrary thereof in any wise notwithstanding; and in case such attorney or solicitor, as last hereinbefore mentioned, shall not be the agent of the said A. B., then he, the said A.B., shall and will, at the requests, costs, and charges of the said E. F., assign him, the said E. F., together with these presents, unto such attorney or solicitor. In witness, &c.

ASSIGNMENT OF ARTICLES OF CLERKSHIP.

[ocr errors]

Parties. This indenture, made, &c., between A. B., of, &C.,

of the first part ; C. D. of the second part; and E. F. of, &c., of the third part.

Whereas, [recite the articles of clerkship.] Now, Witnesseth. this indenture witnesseth, that, in consideration of the

covenants and agreement hereinafter contained, and also in consideration of the sum of L.

&c., he, the said A. B., at the request, and by and with the consent and approbation of the said C. D., testified by his being a party to and executing these presents, hath assigned, transferred, and set over, and by these presents doth assign, transfer, and set over, unto the said E. F., his executors, administrators, and assigns, as well the said recited articles, and all benefit

whatsoever to be had or made thereof, as also all the right, interest, property, profit, advantage, claim, and demand whatsoever, or howsoever to arise, or be had or made unto him, the said A. B., from henceforth, or the service of him, the said C. D., during the now residue of the said term of five years, by force or virtue of the said recited articles, or

otherwise howsoevere And he, the said E. F., for to instruction and admit

himself, &c., doth hereby covenant, &c., to and with the said A. B., his, &c., in manner following ; (that is to say,) that he, the said E. F., shall and will, at all times during the residue of the said term, in the best manner he can, instruct and inform the said C. D., as his clerk, in the business, practice, and profession of an attorney in her Majesty's Court of Queen's Bench, at Westminster, and of a solicitor

Covenant as

tance.

&c.

in her Majesty's Courts of Equity, and all other courts which the said E. F. now doth or shall use or practise in, and all matters and things relating thereto, during the residue of the said term. And also as to board, that he, the said E. F., his executors or administrators, shall and will, from the day of the date hereof, at his and their own costs and charges, find, allow, and provide the said C. D. in competent and sufficient meat, drink, washing, and lodging, during the residue of the said term, and thereof and therefrom save harmless and keep indemnified the said A. B., bis executors and adıninistrators. And, lastly, each As to certiof them, the said A. B. and E. F., doth hereby severally covenant with the said C. D., that they, the said A. B. and E. F., at the requests, costs, and charges of him, the said C. D., at any time after the expiration of the said term of five years, shall and will severally certify the respective times of service of him the said C. D. with them the said A. B. and E. F.; and also do any other lawful act, at the requests, costs, and charges of the said C. D., for getting him to be adınitted an attorney and solicitor, which shall be adjudged needful and necessary for

ficate of service.

that purpose.

In witness, &c.

* The assignment may be by indorsement thus: “ The within-named parties having mutually agreed to vacate the within-written contract, it is hereby witnessed, that the within-named E. S., at the request, and by and with the approbation of the within-named I. S., (testified by his being a party to and executing these presents,) doth assign and turn over the said I. S. to P. P., of, &c., gent., to serve him as his clerk, under the conditions within. mentioned, for the remainder of the within-mentioned term Agreement by of five years; and that the said P. P., hath, by these pre- attorney to sents, in consideration of the sum of L. of lawful, &c., in take the clerk hand paid to him, by the said J. S., (the receipt whereof,

during the re&c.,) accepted, taken, and received him, the within-named his term. I. S., to continue and be with him, as his clerk, during the remainder of the within-mentioned term of five years, and

mainder of

As to certi.

vice,

Affidavit of the Execution of Articles of Clerkship.

In the, &c.

A. B., of, &c., maketh oath and saith, that by arficate of ser- ticles of agreement, dated, &c., and made between,

&c., for the considerations therein mentioned, the said clerk did put, place, and bind himself clerk to the said (attorney,) to serve him in the profession of an attorney-at-law (and solicitor in Chancery,) from the day of the date of the said articles, for the term of five years thence next ensuing, and fully to be complete and ended, and which said articles were in due form of law executed by the said, &c., in the presence of this deponent, and of one C. D., of, &c.; and that the names of A. B. and C. D., set and subscribed to the said articles as witnesses to the due execution thereof, are the proper handwriting of this deponent and of the said C. D.

If the clerk has taken a degree at an university, he will make affidavit, beginning thus : “ That he hath taken the degree of bachelor of arts (or law) in the university of, &c., and that he did take such de. gree within six [or if bachelor of law eight] years next after the day when he was first matriculated in the said university. And this deponent further saith,

articles.

under the conditions in the within-written articles mentioned. Release of the And for the considerations above expressed, they, the said covenants of E. S. and I. S., do hereby for themselves and their the original

several heirs, executors, and administrators, mutually release and discharge each other, their executors and administrators, of and from the within articles, and the performance thereof, and of and from all the covenants and agreements therein contained. In witness,” &c.

h If it be of an assignment of the articles, state here: “ And this deponent further saith, that by a certain indenture (or deed-poll) or assignment, dated, &c., and made between, &c., the said (master) did assign, &c., [state the substance.] and which said assignment was in due form of law executed by, &c., on the same day and year on which it bears date,” &c.

that by articles of agreement, dated, &c., and made within (four) years next after the day when this deponent took such degree, between, &c., [as above, stating the service as three instead of five years.]

OBSERVATIONS ON ARTICLES OF CLERKSHIP, If a person has taken the degree of bachelor of arts or law in the Universities of Oxford, Cambridge, Dublin, Durham, or London, provided he has taken such degree within four years previously to his being articled and provided, such degree of bachelor of arts has been taken within six years, or such degree of bachelor of law has been taken within eight years after matriculation, he may be admitted after a service of three years : (1 and 2 Geo. IV., cap. 48, sec. 1; 3 Geo. IV., cap. 16; and 7 Will. IV., and i Vic. cap. 56.)

By the second section of 1st and 2d Geo. IV., the clerk, if bound for five years, may serve one year of the same as pupil to a practising barrister or certi

* These provisos do not apply to persons who have taken such degree previous to the passing of the act of the 7th Geo. IV.

It is to be lamented that the spirit of these provisions so little influences parents in artieling their children, who, instead of giving them the benefit of a general education till seventeen or eighteen, remove them from school at fifteen, or even fourteen, to place them in an office where, generally speaking, from their age they will learn but little for several years ;

for not only do legal studies require a more matured mind than a boy of fourteen or fifteen generally has, but as their whole success depends upon themselves, (their masters not having time, ordinarily speaking, to read with or instruct their clerks,) it is important that they should not be articled at a period when it cannot be expected that they will read for their own sake. The editor trusts that he shall be excused for making these observations; but having seen so many instances of the injurious effects on the minds, and even characters and morals, of young men, from placing them too early at the desk, he could not refrain from diverging thus far.

ficated special pleader, and by rules of court he may serve another year with the agent of his master.

It may with propriety be noticed here, that though articled clerks are bound by indenture as apprentices are, they are not considered by the law in the light of apprentices. It has, therefore, been decided that the bankruptcy of their master does not vacate the articles, nor are they entitled to a return of any part of the premium under the 6th Geo. IV., cap. 16, sec. 49. (See ex parte Prideaux, 3 M. and Cr. 327.)

ATTORNEY AND AGENT. Attorneys are bound by the acts of their agents, (Wallace v. Willington, Bar. 256 ;) and answerable for their mistakes or negligence, (Collins o. Griffin, Barnes, 37.) An attorney acting as agent for an unqualified person renders himself liable to be struck off the roll, (Re Jackson and Wood, 1 B. and C. 270.)

Attorneys' Lien for their Costs. An attorney has a lien on the papers and money of his client, of which he obtained possession from or on behalf of his client in his professional character,m not only for costs incurred with respect to those particular papers, but for the general balance due to him in that character ;" but such a lien does not extend to debts due to him in any other than in his professional character, as for money

lent. A solicitor can claim a lien on the papers of an opposite party, or other stranger, for costs due from his client, to the extent only that his client, in whose right only he claims such lien could do so. Thus

I 2 J. and W. 214.

mn Stevenson v. Blakelock, I M. and S. 535; Champernowne v. Scott, Mad. and Geld. 93; 2 Dea. and Chitt. 182.

" Ex parte Nesbitt, 2 Sch. and Lef. 279; Hollis v. Claridge, 4 Taunt. 807; 1 M. and S. 543. o Worrall v. Johnson, 2 J. and W. 214.

Hollis v. Claridge, 4 Taunt. 809; Furlong v. Howard, 2 Sch. and Lef. 115; Ball v. Taylor, 8 Sim. 216.

P

« ForrigeFortsett »