Act 51, 1876-R. S. 110 ficiency or form of the bond itself, within the same delay, in the same manner and with the same effect now provided by law for forthcoming bonds furnished by defendants; provided, that the decision of the court on the sufficiency of said surety shall bind and avail that party only who has made the objection.

SEC. 4. That nothing herein contained shall be construed to justify such seizure or to impair the right of the party in possession as aforesaid to such damages as he may sustain by reason of the wrongful seizure thereof.

SEC. 5. That all laws and parts of laws contrary to or inconsistent with the provisions of this act be and the same are hereby repealed, and that this act shall take effect from and after its passage.

Party holding as lessee may not bond. Hardy vs. Lemons, 36 An. 107. The condition requires intervenor to produce property when lawfully required. Meyer vs. Fletcher, 35 An. 983; Stewart vs. Lacoume, 30 An. 157. Intervenor has only custorly, with obligation to produce, but defendant may dispose of property. Leman vs. Truxillo, 32 An. 78; Warfield vs. Stubbs, 24 An. 570.

[Advocates for Absentees, Fees.]

108. Advocates appointed by the judge to represent absent defendants in cases of attachment, shall be entitled to the sum of ten dollars as a fee, to be taxed as costs, which, upon application and proof to the court, may be increased in proportion to the services rendered (Act 108, 1857, 84).

The curator ad hoc appointed to represent an absentee is entitled to a fee of ten dollars, and as much more as the court in its discretion may allow. Watt vs. Williams, 107 La, 506.

109. Additional grounds for attachment. See C. P. Art. 240, $4 and 5.

[Oath and Bond of Creditor.]

110. Creditor shall make oath to the facts upon which he claims the issuance of the writ of attachment in the above cases, and give bond with one solvent resident surety in a sum exceeding by one-half the amount claimed, as is now provided by law. C. P. 245, as amended by Act 17 of 1880, p. 21. Bond need be only for "a sum equal to that which he claims."

Where no amount is mentioned in bond, attachment will be dissolved. Lehman, Stern & Co. vs. Broussard, 45 An. 346.

The writ will be maintained where the bond is equal to the amount sworn to, though not equal to the amount claimed. Hughes vs. Mattes, 104 La. 218. A member of a commercial partnership is not a good surety on an attachment bond made by the firm as principal. Bayne vs. Cusimano, 50 An. 361. An error in the caption as to the court from which the writ issues is immaterial. Standard Cotton Seed Oil Co. vs. Matheson, 47 An. 710. It will be maintained for the amount due, though the amount sworn to be greater. Williams & Co. vs. Louisiana Lumber Co., 29 So. 491.

R. S. 111-1112

Name of clerk in such an instrument is a matter of utter insignificance; it is sufficient if it be payable to the clerk of the court (Schlieder vs. Martinez, 38 An. 847), and if payable to A, who had ceased to be clerk, "his successors in office" clearly embraced the actual clerk. Schooler vs. Alstrom, Id. 907.

The name of the judge before whom the affidavit was made was not signed to the affidavit, which was, however, succeeded immediately by the order for attachment, duly signed by him. Held, the affidavit was good, and judge could sign his name nunc pro tunc, the plaintiff having actually been sworn at the time the order issued. State vs. Downing, 48 An. 1420.

Act 103, E. S. 1870. Bond to whom payable, joint obligors how sued, printed under title "Arrest in Civil Cases."'

Act 41 of 1890. Bond may be signed by certain guaranty companies; printed under title Insurance Companies."

Act 65 of 1884. State need not give bond, nor security for costs, in suits instituted by Attorney General; printed under title Attorney General." Ins. Co. vs. Assessor, 40 An. 371.

Act 173, 1902. Public bodies and Boards in general need not give bond; printed under title "Appeal.''

Sees. 95, 529. Before whom oath may be made. Act 7 of 1877, p. 10, before Notary Public; printed under that title. Before a commissioner for the State of Louisiana, residing in another State. Irving vs. Edrington, 41 An. 671.

C. P., Art. 216. Oath may be made by agent or attorney. Special procuration not necessary for attorney authorized to sue. 43 An. 851.

Sec. 96. Writ, by whom issued.

Sec. 1114. Legal Holidays, but conservatory writs may issue. C. P. 207, as amended by Act 98 of 1890, p. 115.

ATTORNEY AT LAW.

[Who May Be Admitted to Practice.]

111. Any citizen of the United States, possessing the qualifications (except that of residence) necessary to constitute a legal voter, shall be admitted to practice as an attorney at law any court of this State upon obtaining a license from the Supreme Court of this State (Act 115, 1855, 121).

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[Qualification of Applicant.]

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112. The Supreme Court shall grant licenses to applicants possessing the od by the preceding section. First.-To all graduates of the Law Department of the University of Louisiana who shall produce evidence of good character.

Second. When they shall produce a license to practice law from any other State of this Union, or a diploma from any law school or college of the other States, with evidence of good character, and shall have been examined in open court touching

R. S. 113-115

their fitness to practice in the courts of this State and found qualified.

Third. When the applicants shall have been found qualified to practice law in the courts of this State, by an examination before the Supreme Court, according to such rules and regulations as they may adopt from time to time.

Graduates of the Law Department of the University of Louisiana must obtain license from Supreme Court, and clerk is authorized to charge therefor (Sec. 756). Diploma is not the equivalent of license. In matter of Villere, 33 An. 998.

For Rules of Supreme Court on subject, see Rule XIV, 48 An. XXIII; addition 50 An. XIV, amendment 51 An.

Act 136, E. S., 1877, p. 207.

To promote legal education by requiring better qualifications of candidates for admission to the bar.

SECTION 1. That it shall be the duty of the Supreme Court of this State to require all candidates presenting themselves before the court to be examined for admission to the bar evidence having pursued the study of law for a period of at least two years, under the direction of a respectable counsellor and attorney at law of this State.

SEC. 2. That this act shall not be construed to apply to the graduates of the Law Department of the University of Louisiana, or any law school of this State competent to issue a diploma.

[Attorneys from Other States, How Licensed.]

113. Any person having been licensed to practice law in the superior courts of any of the States of the Union, on the presentation of said license to any one of the judges of the Supreme Court, or any two of the judges of the District Courts, with evidence of good moral character, who after being duly examined by said judge or judges on the laws of Louisiana and found qualified to practice law, shall be by said judge or judges licensed to practice law in any and all courts of the State on taking the oath prescribed by law.

This section is not repealed by Act 136, 1877, and applicants, with license to practice from the highest court of a State, other than Louisiana, may be admitted to practice in this State, on passing an examination before either two judges of the District Court, or one, or all the justices of the Supreme Court. Ex parte Schaeffer, 32 An. 1102.

114. Attorneys from other States, how admitted. Repealed by Act 54, 1877, p. 71.

[Oath of Attorneys.]

115. Each and every counselor and attorney at law shall, before he be allowed to practice in any of the courts of this

R. S. 116-117

State, take oath to support the Constitution of the United States and of this State, as also the following additional oath,. to-wit: "I (A. B.) do solemnly swear (or affirm) that I will demean myself honestly in my practice as counselor or attorney at law, and that I will discharge my duty in every respect to the best of my knowledge and ability," and no other oath or affirmation shall be required from any applicant for admission to the bar of this State (Act 7, 1857, 7).

[Officers Who Shall Not Practice.]

116. No judge shall appear or plead in any court for any other person; and no sheriff, deputy sheriff, or clerk of any court shall appear or plead for any person in the court for which he is an officer, except as attorney in fact (as must be made to appear by authentic documents), for any persons not residing within this State, or being absent from the same, under the penalty of being fined by the court in the sum of five hundred dollars for every such offense (Act 115, 1855, 121). [Same Subject Continued.]

117. No Judge, Justice of the Peace, Clerk or Deputy Clerk, Sheriff or Deputy Sheriff, Constable or Deputy Constable of any court in this State, shall appear or plead for any other person in any court in this State in any cause whatever; no police commissioner, police officer, nor recorder, whether in any incorporated town, city or parish in this State, shall appear or plead as attorney for any other person in any recorder's or criminal court in any cause whatever before said recorder or criminal court, and no assistant recorder or recorder pro tempore shall appear or plead as attorney for any other person in or before the recorder's court wherein they officiate as recorder pro tempore, or assistant recorder either directly or indirectly, in their own name or that of persons interposed; and any person violating the provisions of this act shall be guilty of a misdemeanor and on conviction thereof shall be imprisoned not less than six months, fined not less than one hundred nor more than five hundred dollars, be removed from office; if an attorney at law have his license cancelled and forever afterward incapable of appearing and practicing as an attorney at law in any court in this State.

Provided, that this act shall not apply to Justice of the Peace who may be attorney at law in the country parishes (as amended by Act 84, 1896, p. 117).

[Promoting Suits and Quarrels.]

R. S. 118-120-Act 129, 1896

118. Whenever it shall be made to appear in any court, baving jurisdiction thereof, that an attorney at law has been guilty of fomenting suits or quarrels, the court shall, on motion, in a summary way, on giving the accused due notice, direct that the name of said attorney be erased from the names of the officers of court (Act 115, 1855, 122).

[Refusal to Pay Client Money Collected.]

119. If an attorney at law shall recover any sum of money for his client, and shall neglect or refuse to pay it over when demanded, without any legal ground for such neglect or refusal, he shall, on conviction, be immediately erased from the list of attorneys, his license canceled, and be forever incapable of appearing as such before any court of this State, and he shall not be entitled to the benefit of the insolvent laws for any sum so collected.

Brigham vs. Newton, 49 An. 1539.

Act 96, E. S. 1877, Sec. 71, p. 150: District Attorneys collecting money for State and not delivering it shall, on conviction, be disbarred.

Any two members of the bar may rule dishonest attorney into court to show cause why he should not be proceeded against criminally. State vs. Judge, 3 R. 416.

[Fraudulent Practices.]

120. If any attorney at law shall commit any fraudulent practice in any court of this State, or shall betray the interests confided to him by his client, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be stricken from the list of attorneys and be forever incapable of appearing as such before any court of this State.

Act 129, 1896, p. 185.

AN ACT to provide a method of procedure and to specify causes for the reprimanding, suspending from practice or disbarment of attorneys at law of this State.

SECTION 1. That if any attorney at law of this State shall be convicted of any felony or shall be guilty of gross professional misconduct, he may be summoned before the District Court for the parish in which he resides, by a petition signed by not less than ten attorneys at law residents of the same district in which he resides, setting forth with particularity the felony for which he has been convicted or the professional misconduct complained of; said attorney shall be cited to