Attorneys and Solicitors Act 1728
| Jurisdiction | UK Non-devolved |
| Citation | 1728 c. 23 |
| Year | 1728 |
(2 Geo. 2) C A P. XXIII.
FOR the better Regulation of Attornies and Solicitors, practising in any of the Courts of Law or Equity, in that Part ofGreat Britain called England , Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That no Person, from and after the first Day ofDecember one thousand seven hundred and thirty, shall be permitted to act as an Attorney, or to sue out any Writ or Process, or to commence, carry on or defend, any Action or Actions, or any other Proceedings, either before or after Judgment obtained, in the same or Names of any Person or Persons, in his Majesty's Court of King's Bench, Common Pleas, or Exchequer, or Dutchy of Lancaster , or in any of his Majesty's Courts of Great Sessions in Wales , or in any of the Courts of the Counties Palatine of Chesler, Lancaster and Durham , or in any other Court of Record in that Part of Great Britain called England , wherein Attornies have been accustomably admitted and sworn, unless such Person shall take the Oath herein after directed and appointed to be taken by Attornies, and shall also be admitted and inrolled on or before the said first Day of December one thousand seven hundred and thirty, in such of the said Courts where he shall act as an Attorney, or shall be sworn, admitted and inrolled in the said respective Courts after the said first Day of December one thousand seven hundred and thirty, in such Manner as is herein after directed.
II Judges to examine into his Capacity, before Admission.
II. And be it further enacted by the Authority aforesaid, That the Judges of the said Courts respectively, or any one or more of them, shall, and they are hereby authorized and required, before they shall admit such Person to take the said Oath, to examine and inquire, by such Ways and Means as they shall think proper, touching his Fitness and Capacity to act as an Attorney; and if such Judge or Judges respectively shall be thereby satisfied, that such Person is duly qualified to be admitted to act as an Attorney, then, and not otherwise, the said Judge or Judges of the said Court respectively, shall, and they are hereby authorized to administer to such Person the Oath herein after directed to be taken by Attornies, and, after such Oath taken, to cause him to be admitted an Attorney of such Court respectively, and his Name to be inrolled as an Attorney of such Court respectively, without any Fee or Reward, other than one Shilling for administring such Oath; which Admission shall be written on Parchment in theEnglish Tongue, in a common legible Hand, and signed by such Judge or Judges respectively, whereon the lawful Stamp shall be first impressed, and Shall be delivered to such Person so admitted.
III None to be permitted to act as a Solicitor, unless he take the Oath, and be inrolled.
III. And be it further enacted by the Authority aforesaid, That no Person from and after the first Day ofDecember in the Year of our Lord one thousand seven hundred and thirty shall be permitted to act as a Solicitor, or to sue out any Writ or Process, or to commence, carry on, solicit or defend any Suit, or any Proceedings, in the Name of any other Person, in any Court of Equity, either in his Majesty's High Court of Chancery, court of Equity in the Exchequer Chamber, Court of the Dutchy Chamber of Lancaster at Westminster , or Courts of the Counties Palatine of Chester , Lancaster or Durbam , or of the Great Sessions in Wales , or in any other inferior Court of Equity in that Part of Great Britain called England , unless such Person shall take the Oath herein after directed and appointed to be taken by Solicitors in Courts of Equity, and shall also be admitted and inrolled on or before the said first Day of December one thousand seven hundred and thirty, in such of the said Courts of Equity, where he shall act as a Solicitor, or shall be sworn, admitted and Inrolled after the said first Day of December , in such Manner as is herein after directed.
IV Court of Equity to examine Solicitors.
IV. And be it further enacted by the Authority aforesaid, That the Master of the Rolls, or two of the Masters of the Chancery, the Barons of the Court of Exchequer, the Chancellor of the Dutchy ofLancaster , and the Judges of the said other Courts of Equity for the Time being respectively, or any one or more of them, shall, and they are hereby authorized and required, before he or they shall admit any Person to take the said Oath, to examine and inquire, by such Ways and Means as he or they shall think proper, touching his Fitness and Capacity to act as a Solicitor in such Courts of Equity respectively; and if the said Master of the Rolls, or two Masters of the Chancery, the Barons of the Court of Exchequer, the Chancellor of the Dutchy of Lancaster , or the Judges of the said other Courts of Equity for the Time being, or any one or more of them respectively, shall be thereby satisfied, that such Person is duly qualified to be admitted to act as a Solicitor in such Court of Equity, then, and not otherwise, the said Master of the Rolls, two Masters of the Chancery, the Barons of the Court of Exchequer, the Chancellor of the Dutchy ofLancaster , and the Judges of the said other Courts of Equity for the Time being respectively, or any one or more of them, shall, and they are hereby authorized to administer to such Person the Oath herein after directed to be taken by Solicitors, and after such Oath taken, to cause him to be admitted a Solicitor in such Court of Equity, and his Name to be inrolled as a Solicitor in such Court, without any Fee or Reward, other than one Shilling for adminstring such Oath, which Admission shall be written on Parchment in English , and in a common legible Hand, and signed by the Master of the Rolls, two Masters of the Chancery, the Barons of the Exchequer, the Chancellor of the Dutchy of Lancaster , and the Judges of the said other Courts of Equity respectively, or such of them who shall admit such Person to be a Solicitor whereon a treble forty Shillings Stamp shall be first impressed, and shall be delivered to the Person so admitted.
V After 1 Decem. 1730. none to act as an Attorney unless he has served a Clerkship, and been admitted.
V. And be it further enacted by the Authority aforesaid, That from and after the first Day ofDecember one thousand seven hundred and thirty, no Person, who shall not before the said first Day of December have been sworn, admitted and inrolled, pursuant to the Directions of this Act, shall be permitted to Act as an Attorney, or to sue out any Writ or Process, or to commence, carry on or defend any Action or Actions, or any Proceedings, either before or after Judgement obtained, in the Name or Names of any other Person or Persons in any of the Courts of Law aforesaid, unless such Person shall have been bound, by Contract in Writing, to serve as a Clerk for and during the Space of five Years, to an Attorney duly and legally sworn and admitted, as herein before is directed, in some or one of the Courts herein before mentioned; and that such Person, for and during the said Term of five Years, shall have continued in such Service, and also unless such Person, after the Expiration of the said Term of five Years, shall be examined, sworn, admitted and inrolled, in the same Manner as the Persons, who shall be admitted Attornies of the said Courts, are herein before required to be examine, sworn, admitted and inrolled.
VI Judges before they admit them to take the Oath, to examine their Fitness.
VI. And be it further enacted be the Authority aforesaid, That the Judges of the said Courts respectively, or any one or more of them, shall, and they are hereby authorized and required, before they shall admit such Person to take the said Oath, to examine and inquire, by such Ways and Means as they shall think proper, touching his Fitness and Capacity to act as an Attorney; and if such Judge or Judges respectively shall be thereby satisfied, that such Person is duly qualified to be admitted to act as an Attorney, then, and not otherwise, the said Judge or Judges of the said Courts respectively shall, and they are hereby authorize to administer in open Court, to such Person, the Oath herein after directed to be taken by Attornies, and, after such Oath taken, to cause him to be admitted an Attorney in such Court, and his Name to be inrolled as an Attorney in such Court, without any Fee or Reward, other than one Shilling for administring such Oath, which Admission shall be written on Parchment in theEnglish Tongue, in a common legible Hand, and signed by such Judge or Judges respectively, whereon the lawful Stamps shall be first impressed, and shall be delivered to the Person so admitted.
VII After 1 Decem. 1730. none to act as a Solicitor before he has served a Clerkship, and been duly admitted.
VII. And be it further enacted by the Authority aforesaid, That from and after the first Day ofDecember one thousand seven hundred and thirty, no Person who shall not, before the said first Day of December , have been sworn, admitted and inrolled, pursuant to the Directions of this Act, shall be permitted to act as a Solicitor, to sue out any Writ or Process, or to commence, carry on, solicit or defend, any Suit or...
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