sec. 4. By statute it is enacted, that no person shall be admitted Mas. Stat. 1795, c. 80, as an attorney, in the court of common pleas, in any county, until he shall produce the certificate of the treasurer of the county, that he hath paid to him twenty dollars, nor in the supreme judicial court, until he shall produce a like certificate of the payment of thirty dollars. IV. Of the declaration and oath to be taken and subscribed by attorneys at the time of admission. Amount of the tax. Mas. Stat. 1785, c. 23, By statute it is enacted, that no person shall be admitted to practise as an attorney in any court of justice with- sec. 1. in this state, until he shall, in open court, have taken and subscribed the declaration prescribed in the constitution, and also an oath prescribed by the statute. The form of this declaration and this oath may be vid. Append. No, 7. found by adverting to the Appendix. V. Of calling barristers to the bar. The supreme judicial court at Suffolk, February, 1781, established the following rule, to wit: Append. 340. Utility of conferring this degre upon gen tlemen of professional Whereas learning and literary accomplishments are Preced, of Declar. necessary, as well to promote the happiness, as to promote the freedom of the people; and the learning of the law, when duly encouraged and rightly directed, being as well peculiarly subservient to the great and good pur- distinction. poses aforesaid, as promotive of public and private justice; and this court, being at all times ready to bestow peculiar marks of approbation upon those gentlemen of the bar, who, by close application to the study of the science they profess, by a mode of conduct which gives a conviction of the rectitude of their minds, and a fairness of practice that does honour to the profession of the law, shall distinguish them as men of science, honour, and integrity, do order, that no gentleman shall be called to the degree of barrister, until he shall merit the same Upon whom this des by his conspicuous learning, ability, and integrity; and that the court will, of their own mere motion, call to the 2 gree may be contes red. Manner of conferring the degree. bar such persons as shall render themselves worthy as aforesaid. And the manner of calling barristers shall be as follows: The gentleman who shall be a candidate, shall stand within the bar; and the chief justice (or, in his absence, the senior justice) shall, in the name of the court, repeat to him the qualifications necessary for a barrister of the law; shall let him know, that it is a conviction in the mind of the court of his being possessed of those qualifications, that induces to confer the honour upon him; and advise him so to conduct himself, as to be of singular service to his country; by exerting his abilities for the defence of her constitutional freedom; and so to demean himself, as to do honour to the court and bar. The supreme judicial court, at Suffolk, August, 1783, Preced. of Declar. Ap established the following rule: pend. 343. Form of this writ, Vid. Preced. of Declar. Append. 343. Ordered, that barristers be called to the bar by special writ to be ordered by the court. This writ must be fairly engrossed on parchment, and delivered twenty days before the sitting of the court at which it is returnable, by the sheriff of the proper county, to the person to whom directed; and being proWrit by which barris duced in court by the barrister, and there read by the clerk, and proper certificate thereon made, shall be redelivered and kept as a voucher of his being legally callHow barristers shall ed to the bar. And the barristers shall take rank according to the date of their respective writs. ters are called. rank. Right of parties to act personally or by attorney. Mas. Stat. 1785, c. 23, sec. 2. VI. Of the right of parties to manage their causes personally, or by such counsel as they shall elect. The twelfth article of the bill of rights declares, that every subject shall have a right to be fully heard in his defence, by himself or his counsel, at his election. This right is also recognized by one of our statutes, which provides, that the parties may plead and manage their own causes personally, or by the assistance of such counsel as they shall see fit to engage; but the plaintiff or plaintiffs in any suit, shall not be allowed to manage their cause by more than two attorneys, nor shall any defendant be allowed to employ a greater number. Notwithstanding the clearness of expression which marks both the constitutional and legislative provision on this subject, a doubt, it seems, existed, respecting the propriety of admitting any attorney to appear other than such as had already been regularly admitted an officer of some court. To remove therefore this doubt, it is enacted by statute, that every citizen may appear in any court, and before any tribunal, judge, justice of the peace, or magistrate, to prosecute and defend his suit or action, by him No party allowed more than two atterneys. Mas. Stat. 1789, c. 58. Any person of a decent and good moral character may appear self, or by any person of a decent and good moral charac- by letter of attorney. ter, whom he shall call to his aid, or appoint for that purpose; and that any person of such decent and good moral character, who shall produce in court a power or letter of attorney, specially for that purpose, from any person whomsoever, shall have full authority, though his principal be absent, to prosecute and defend any suit or matter, wherein his principal shall be concerned, to final judg ment and execution; and to plead, implead, or manage the same case, as fully as if such person, so authorized, was an attorney of such court, and admitted and sworn in usual form, as prescribed by law, and agreeably to the rules of such court. VII. What description of persons cannot officiate as attorneys. Mas. Stat. 1783, c. 44, By statute it is enacted, that no sheriff or deputy sheriff, shall be suffered to appear in any court, or before sec. 3. any justice of the peace, as attorney to, or in behalf of, or assisting or advising to any party in a suit; nor shall any sheriff or his deputy be allowed to draw, make, or fill the attorney of ano, up any plaint, declaration, writ, or process, or to draw or make any plea for any other person; but all such acts done by either of them shall be void. No sheriff can act as ther. Mas. Stat. 1783, c. 42, sec. 2. Mas. Stat. 1789, c. 58. Peg. Gen, 13 and 14. 2 Mas, T. R. 74, 75. Consequences of not So also it is provided, that a justice of the peace shall 'not be of counsel to either party, or undertake to advise or assist any party, in a suit before him. So also no person can appear by special power, unless he possess a decent and good moral character. VIII. Of the duty of attorneys to appear of record; and the consequence of omitting so to appear. The following rules have been established by the supreme judicial court, relative to this subject. 1. Whenever an action shall be entered in this court, the attorney or attorneys for the plaintiff or appellant, shall become such of record; and, within the first two days, the attorney or attorneys for the defendant, or appellee, shall cause himself or themselves to become such of record. 2. In all cases where parties do not appear in their appeating of record. proper persons, whenever after the first day there shall be an attorney or attorneys of record for the defendant, or appellee, and none for the plaintiff, or appellant, the defendant, or appellee, on motion, shall have judgment as on a discontinuance. And whenever, after the first two days, there shall be an attorney or attorneys of record, for the plaintiff, or appellant, and none for the defendant, or appellee, the plaintiff, or appellant, shall, on motion, have judgment by Nil dicit, or other proper judgment, according to the nature of the case. 1 Bac. Abr. 192. Punishment by attachment, or having their names struck out of the roll of attorneys for corrupt practice. IX. Of offences and misbehaviour in their office, for which attorneys are punishable. It is laid down in the English books, that attorneys, being officers of the court, are liable to be punished in a summary way, either by attachment, or having their names struck out of the roll of attorneys, for any ill prac tice, attended with fraud and corruption, and committed against the obvious rules of justice and common honesty. But the court will not easily be prevailed on to proceed in this manner, if it appears that the matter complained of was rather owing to neglect or accident than design; or if the party injured has a remedy by action at law. 1 Bac. Abr. 192. Enumeration of cor rupt practices. But if an attorney takes upon him to prosecute or defend a suit for another, without any manner of direction from him, the court will grant an attachment against him. Attorneys are also punishable for base and unfair deal- 1 Bac. Abr. 192. ings towards their clients, in the way of business, as for protracting suits by little shifts and devices, and putting the parties to unnecessary expense, in order to raise their bills; or for refusing to deliver up to their clients, writings with which they had been intrusted in the way of business, or money which has been recovered and received by them to their client's use; and for other such like gross and palpable abuses. Salk. 87. Stra. 547. 8 Mod. 306. But the court will seldom grant an attachment for the detainer of such writings or money, without first making a rule on the attorney to deliver them to the party. So also it will justify an attorney's detaining such writings or money for his security, till he be paid all his just fees. Nor will it ever interpose in this manner, as to any writ-1 Bac. Abr. 192, in ings or money received by an attorney on any account, except only in his way of business as an attorney; but will leave the party to his ordinary remedy by action. nota. So for any contemptuous conduct towards the court, an Contempt of Court. attorney may be punished, by commitment. So also if an attorney be convicted of common barratry, Barratry. in addition to the usual punishment of fine and imprison ment, he may be further punished by being disabled from 1 Bac. Abr. 281. practising for the future. X. Of the liability of attorneys to an action, for negligence or corruption in their office. If in consequence of any neglect, mismanagement, or corruption of the attorney, the client suffers any loss, either in his suit or otherwise, he shall recover damages in an action of trespass on the case against the attorney. 2 Esp. Dig. 393. |