nothing herein contained, shall be construed to excuse the attorney and solicitor general from attending to their official duties as heretofore, in the supreme judicial court. The same statute has further enacted, that no attorAttorney general, ney general, solicitor general, or county attorney, shall solicitor general and county attorneys not receive any fee or reward, from or in behalf of any proseto receive private re Sec. 2. ward for public ser cutor, for services in any prosecution, to which it shall be vice, etc. his official duty to attend, or, during the pendency of such prosecution, be concerned, as counsel or attorney, for either party, in any civil action depending on the same facts. NOTE. While the above title was in type, the legislature then in session, transferred the power of appointing county attorneys from the governor, to the respective courts of common pleas in which they officiate. TITLE XIX. ATTORNEYS, COUNSELLORS, AND BARRIS- 1. Of the requisite qualifications of candidates for admission as attorneys, in the common pleas. 2. Of the requisite qualifications of candidates for admission as attorneys or counsellors, in the supreme judicial court. 3. Of the tax to be paid by attorneys previous to admis. sion. 4. Of the declaration and oath to be taken and subscribed by attorneys at the time of admission. 5. Of calling barristers to the bar. 6. Of the right of parties to manage their causes personally, or by such counsel as they shall elect. 7. What description of persons cannot officiate as attor neys. 8. Of the duty of attorneys to appear of record; and the consequence of omitting so to appear. 9. Of offences and misbehaviour in their office, for which attorneys are punishable. 10. Of the liability of attorneys to an action, for negli gence or corruption in their office. I. Of the requisite qualifications of candidates for admission as attorneys in the common pleas. To entitle a gentleman to admission as an attorney of the common pleas, he must be recommended to the court by the bar, as a person of good moral character, well affected Mas. Stat. c. 23, sec. to the constitution and government of the commonwealth, Candidates must be who hath had opportunity to qualify himself for the office, bar. and who hath made such proficiency as will render him 2. 1785. recommended by the. the bar requires of the candidate. useful therein. Before the bar will recommend a candidate, they generally require evidence of his having received a collegiate education, and of his having studied with What qualifications some practising attorney of the supreme court, through the period of three years. If the candidate has not received a collegiate education, he must either study a longer period, or be examined as to his qualifications, or both, before the bar will recommend him for admission. But perhaps there is no rule universally applicable to the case of a candidate who has received only what is called a common education. As rules on this subject are formed by the bar and as every bar has rules peculiar to itself, it is probable that this rule varies in different counties. 2 Mas. T. R. 72. Counsellors must be admitted as such. Who are considered such ipso facto. Counsellors to be examined. Appointment of ex aminers. ; II. Of the requisite qualifications of candidates for admission as attorneys, or counsellors, in the supreme judicial court. The supreme judicial court, at Suffolk, March Term, 1806, established the following RULES appertaining to this subject. 1. No attorney shall do the business of a counsellor, unless he shall have been made or admitted as such by the court. 2. All attorneys of the court who had been admitted three years (previous to the establishment of these rules) were made thereby counsellors, and are entitled to all the rights and privileges of such. 3. No attorney or counsellor shall be admitted without a previous examination. 4. The court will, from time to time, appoint, from the barristers and counsellors, a competent number of examiners, any two or more of whom shall examine all candidates for admission to practice as counsellors, or attorneys, at their expense. And whenever a candidate shall, upon cate, vid. Appendix. examination, be, by them, deemed duly qualified, they shall give a certificate to that effect, and in the form prescribed by the Court. Their certificate. No. 6. sion of the examiners. 5. If after an examination, the examiners shall refuse such a certificate as aforesaid, they shall, if required, give Appeal from the deci a certificate of their refusal, and the candidate may appeal from the decision of the examiners to a justice of the court, who will thereupon examine him, and either confirm or reverse the decision of the examiners. And in case of reversal, the candidate may apply to the court for admission. ners conclusive,unless 6. If upon an examination, such certificate shall be re- Decision of the examfused, it shall be conclusive, unless there be an appeal as there be an appeal. aforesaid; so that no other examiners shall thereafter be applied to, without the express permission and direction of the court. 7. No examiner shall undertake to examine any candi- An examiner cannot examine his pupil. date, who was, in whole or in part, instructed by him, or in his office. nation and admission 8. The following described persons shall be candidates Candidates for examifor examination and admission to the bar as attorneys, that as attorneys. is to say, Firstly, all who have heretofore been admitted as attorneys in any courts of common pleas in this commonwealth, and who, at the time they shall apply for examination, shall be in regular practice therein. And Secondly, all such as have, besides a good school education, devoted seven years, at the least, to literary acquisitions, and three years thereof, at the least, in the office, and under the instruction of a barrister or counsellor, practising in this court. cessary previous to ad- the examination of 9. Before the examiners shall proceed to examine any What certificate is neperson, for admission as an attorney, who has not been mitted at a court of common pleas, it shall be certified to them by a counsellor or barrister, or by counsellors or barristers, that the candidate has been in the office, and under the instruction of a counsellor or barrister, for the term of three years at the least.' one who has not been admitted at the com mon pleas. of certificates. 10. The certificates, as well of barristers and counsellors Return and recording as to attorneys, as the certificates of the examiners, as to Candidates for admission as counsellors.. Attorneys admitted at a certain time, allow on issues of fact. attorneys and counsellors, shall be returned to the clerk, and by him recorded. 11. Any person, who has been admitted as an attorney, and, as such, practised two years, may be a candidate for admission as a counsellor, and examined therefor. 12. Every counsellor may practise as an attorney. 16. All who were attorneys of this court at the time ed to advocate causes these rules were established, are allowed to advocate causes, on issues of fact, for the term of three years from the time they were admitted as attorneys respectively, although they were not counsellors. 2 Mas. T. R. 105. admission as attor neys. At Berkshire, September Term, 1806, the following order was made. Ordered, that any person, who shall have received an education comprising equal advantages with that expressFurther provision re-ed in the eighth rule of the court, adopted March Term, specting candidates for examination and 1806, although varying in the mode or circumstances, may be examined for admission as an attorney, on obtaining a license therefor from the court or a judge; and if approved by two examiners, shall receive a certificate from them, conformable in substance to the fourth rule then established. At Suffolk, March Term, 1807, the following order was passed. 2 Mas. T. R. 431. Further provision re for examination and admission as attorneys. Ordered, that all gentlemen, proposed by the bar for admission as attorneys of this court, before the establishment of the rules regulating the admission of attorneys, specting candidates published in March, 1806, may be admitted as attorneys of this court, in the same manner as they might have been before the establishment of the said rules; and after admission, they shall be considered as attorneys of this court from the term, at which they were proposed for admission, and before the publication of the said rules. And this rule is to extend to all attorneys, who have been heretofore admitted attorneys of this court, having been proposed for admission before the publication of the said rules. III. Of the tax to be paid by attorneys previous to admission, in the common pleas, or supreme judicial court, |