atkins case anonymous April sergeant counter who have be guilty of malpractice  by the stat of Westminster shall not be allow to be hear any more in the way  of the profession where a solicitor be guilty of malpractice he may be degrade  by apply to strike he out of the roll of solicitor Mr justice Mitchell this  day by petition pray to be discharge out of the custody of the fleet as a  close prisoner within the wall thereof he be commit for be a principal  contriver in marry miss Hugh a ware of this court a fortune of thirty thousand  pound to a schoolmaster of Islington one science by trade a watchmaker there  be several aggravate circumstance in this case and upon the whole the most  flagrant contempt of the court that ever appear before it which be the reason  of the chancellor set a mark upon he v make it part of the order of commitment  that Mitchell as well as science shall b keep close prisoner within the wall  of the fleet at the peril of the warden in pursuance of this order Mitchell  have be a close prisoner about five week and now by affidavit set forth the  deplorable condition of himself and family from the unwholesomeness of the  prison the illness of his son and wife from their constant attendance upon he  his own ill state of health and several other circumstance and submit to make  any reparation to the relation of the lady which the court shall direct submit  likewise to be restrain from act as a counsel the supersedeas to discharge he  from the commission of the peace issue some time before this application the  counsel for Mr Hugh the uncle of the young lady not very much oppose it my  Lord chancellor make a order for his discharge upon his attorney undertake to  pay the whole expense of the former petition against he by the uncle Mr Hugh  and all other proceed in consequence of the petition but as to Mr Mitchell  submission to be restrain from act as a barrister I shall at present say Lord  chancellor give no other direction but that accord to his own submission he  shall be restrain from act as such till further order because from any inquiry  that I have hitherto make I be not satisfy what be the proper course to remove  he from practice as a barrister if Mr Mitchell have continue a solicitor there  have be no difficulty for the ready and proper way will have be to have strike  he out of the roll of solicitor and sure it atkins will be very hard when he  have advance himself to a degree of great rank and honour in the law that  there shall not be some precedent for degrade a person who by his malpractice  and misbehaviour have render himself high unworthy of the character he have  take upon he of a barrister at law but whether this ought to be do by  disbarring he or whether the court by its own power and authority will silence  he for the future I shall not at present determine but have already mention it  to Lord chief justice lee who will assist I in find out precedent in such case  see the case of Maurice savage dougl Edward and atkins er p the statute of  Westminster c say that atorneys and sergeant counter who have be guilty of any  malepractices and have act unbecoming their profession may be silence and not  be allow to be hear any more in the way of the profession my Lord coke in his  d institute exposition upon Westminster prim c page be clear of opinion that  apprentice at law which be another name for barrister be include under the  head of sergeant counter but however I will make no other order at present  than what I mention before Mitchell be afterward strike out of the Commission  as justice of the peace and prohibit from practice at the bar per Lord  Hardwicke in butler v freeman Amb N B science the husband be still leave in  custody