Dyson v Birch, one, &
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1797 |
| Date | 05 May 1797 |
| Court | House of Lords |
English Reports Citation: 126 E.R. 745
IN THE COURTS OF COMMON PLEAS AND EXCHEQUER CHAMBER AND IN THE HOUSE OF LORDS
dyson v. birch, one, &c. May 5tb, 1797. An attorney shall not be allowed his privilege, unless he shew that he has practised within the space of a year.-Qu. If he should not also state that he has had a certificate within that time 1 Le Blanc Serjt. moved for a rule to shew cause why the Defendant in this action, who was an attorney of this court, should not be discharged on entering a common appearance. The Defendant's affidavit stated, that some time before the arrest be purchased a stamp with a view to obtain his certificate, under the 25 Geo, 3, c. 80, but that from particular circumstances (therein mentioned) he was prevented from actually obtaining it till after the arrest. Le Blanc. The Defendant did every thing that lay within his power, and was entitled to his privilege (if that be affected by the act at all) from the time of paying for the stamp. But in truth the privilege of an attorney does not depend on his certificate : the act in question is a mere regulation of revenue : those who offend against its provisions are subjected to the penalties which it contains; but there is no clause which makes obedience a condition of privilege. eyke Ch. J. An application was made to me out of court, which I rejected, because it then appeared, that the Defendant had not practised as an attorney for three years, but that when his [5] circumstances became embarrassed, he took out a certificate to protect himself. buller J. My Lord very properly...
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