Formerly, before the clerk could be admitted an attorney, an affidavit was required of the actual service under the articles, sworn by himself or the attorney with whom he had served, to be filed in the court to which he sought admission; be also made oath (or affirmation, if a Quaker) that he had duly paid the stamp duty on the articles, and that he would truly and honestly demean himself as an attorney ; and he then took the oaths of allegiance and supremacy, and subscribed the declaration against popery, or, if a Roman Catholic, the declaration and oath prescribed by the 31 Geo. III. C. 32, § 1. After paying a stamp-duty on his ad mission of 25/., his name was enrolled, without fee, by the officer of court, in books appointed for the purpose, to which books all persons had free access without payment of any fee. When the attorney was admitted, he subscribed a roll, which was the original roll of attor neys, which the court held as tha re corded list of its officers, and from which the names were copied into the books.
An attorney, duly sworn, admitted, and enrolled in any of the superior courts of law, may be sworn and admitted in the High Court of Chancery without fee or stamp duty ; and may practise in bank ruptcy and in all inferior courts of equity; and so a solicitor in any court of equity at Westminster may be sworn, ad mitted, and enrolled an attorney of her Majesty's courts of law ; and an attorney in a superior court at Westminster is ca pable of practising in all the other courts on signing the other rolls. An attorney admitted in one court of record at West minster may, by the consent in writing of any other attorney of another court, prac tise in the name of such other attorney in such other court, though not himself ad mitted in such court. But if any sworn attorney knowingly permit any other person, not being a sworn attorney of another court, to practise in his name, he is disabled from acting as an attorney, and his admittance becomes void.
In addition to swearing, admission, and enrolment, an attorney, in order to be duly qualified for practice, must take out a certificate at the Stamp-office every year between the 15th November and 16th December for the year following, the duty on which is 121. if he reside in London or Westminster, or within the delivery of the twopenny post, or within the city of Edinburgh, and has been in practice three years ; or 61. if he has been admitted a less time ; and if he re sides elsewhere, and has been admitted three years, 81. ; or if he has not been admitted so long, 41. ; and if he practise without certificate, or without payment of the proper duty, he is liable to a nalty of 50/. and an incapacity to sue for his fees. Acts of indemnity are occa sionally passed to relieve attorneys who have neglected to take out their certificates in due time. The omission by an attor ney to take out his certificate for one whole year formerly incapacitated him from practising, and rendered his admis sion void; but the courts had power to re-admit him on payment of the arrears of certificate duty, and such penalty as the courts thought fit, (37 Geo. III. c 90.)
This part of the act is repealed by 6 & 7 Pict The following are the most important provisions of 6 & 7 Viet. e. 73. This act was passed in 1843, and consolidates and amends several of the laws relating to attorneys and solicitors practising in Eng land and Wales. It repealed wholly or in great part thirty-two acts, but the provisions of fifty-eight other acts are retained either wholly or in part. The admission of attorneys is now entirely regulated by this act. No person is to be admitted an attorney or solicitor unless he shall have served a clerk ship of five years (unless he has takeh a degree) to a practising attorney in England and Wales ; and have under gone an examination, § 3. No attorney is to have more than two clerks at one time, or to take or retain any clerk after discontinuing business, or whilst clerk to another. A person bound for five years may serve one year with a barrister or special pleader, and one year with a London Agent. § 6. Within six months after a person is articled, the attorney or solicitor to whom he is bound must make affidavit of his being a duly enrolled prac titioner, with various particulars which are to be enrolled, § 8 ; and if not filed within six months, the period of clerkship will only be reckoned from the day of filing, § 9. Before the clerk can be ad mitted an attorney he must make an affidavit of having duly served ; and the judges or anyjudge of the courts of Queen's Bench, Common Pleas, and Ex chequer, may, before issuing a fiat for admission, direct an examination by ex aminers whom they shall appoint, and in such way as they think proper, touching the articles and service, and the fitness and capacity of such person to act as an attorney. The Master of the Rolls, before admitting any person as a solicitor, is to adopt the same course of procedure. If the clerk is found duly qualified on ex amination, the oath of allegiance is ad ministered, and an oath to the following effect :—" I, A. B., do swear (or solemnly affirm) that I will truly and honestly de mean myself in the practice of an attor ney (or solicitor, as the case may be) according to the best of my knowledge and ability. So help me God." The masters of the several courts of law at Westminster, or such other persons as the Lord Chief Justices and Lord Chief Baron shall appoint, are the proper per sons under the act for filing affidavits of the execution of clerkship, and for having the care of the rolls of names. The Incorporated Law Society is ap pointed as registrar of attorneys and solicitors ; and an alphabetical book or books is kept of all attorneys and soli citors, and it is the duty of the society as registrar to issue certificates of persons who have been admitted and enrolled, and are entitled to take out stamped certifi cates authorising them to practise as attorneys and solicitors. The Commis sioners of Stamps are not to grant any certificate until the registrar has certified that the person applying is entitled there to, and the commisioners are to deliver all such certificates yearly to the registrar, with the date of granting the certificate.