SEC. 112. The Supreme Court shall grant licenses to applicants Supreme Court possessing the qualifications required 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 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. to grant licenses other States SEC. 113. Any person having been licensed to practice law in the superior courts of any of the States of this Union, on the presenta- Attorneys from tion of said license to any one of the judges of the Supreme Court, how licensed. 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 this State, on taking the oath prescribed by law. other States, SEC. 114. Attorneys at law who have been admitted to practice at the bar of the highest court of record in any State of the United 1868-266. States may be admitted to practice before any court of this State Attorneys from upon motion of any member of the bar of this State, and upon how admitted. presentation of a certificate that such attorney has been duly admitted to the bar, the same being duly attested by the clerk of said highest court of record, and bearing the seal thereof, which shall be spread on the minutes of court with the order admitting the applicant to practice. selors at law. SEC. 115. Each and every counselor and attorney at law shall, before he be allowed to practice in any of the courts of this State, 1857-7. take oath to support the constitution of the United States and of this Oath of attor State, as also the following additional oath, to wit: "I (A B) do neys and counsolemnly 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 applicacant for admission to the bar of this State. judges and offi. SEC. 116. No judge shall appear or plead in any court for any other person; and no sheriff, deputy sheriff, or clerk of any court 1855-121. shall appear or plead for any person in the court for which he is an Penalty for officer, except as attorney in fact (as must be made to appear by cers of courts authentic documents), for any persons not residing within this acting as attor 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. neys at law. deputy clerks, SEC. 117. No judge, clerk or deputy clerk, sheriff or deputy sheriff, or any other officer or his deputy, of any court in this State, shall 1861-87. appear or plead as attorney for any other person, in the court for Judges, clerks, which he is an officer, or shall practice or receive a fee or fees as an etc., prohibited attorney at law in any case or succession opened in said court, or act from practicing as attorney at law for said successions in any matter whatever, either law. directly or indirectly, in his own name or that of persons interposed; and any of said officers who shall violate the provisions of this act, shall be guilty of a misdemeanor, and, on indictment and conviction as attorneys at Penalty. 1855-121. For exciting suits, etc. pay over money collected. thereof, shall be imprisoned not less than six months, fined not less than five hundred dollars, be removed from office, and, if an attorney at law, have his license canceled, and be forever afterwards incapable of appearing and practicing as an attorney at law in any court in this State. SEC. 118. Whenever it shall be made to appear to any court, having jurisdiction thereof, that an attorney at law has been guilty of exciting or 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. SEC. 119. If any attorney at law shall recover any sum of money For refusing to 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. practice. SEC. 120. If any attorney at law shall commit any fraudulent For 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. For neglect of duty. Parties to suits may appear in person or by attorney. SEC. 121. If a nonsuit should be entered, owing to the absence or neglect of the attorney, without a reasonable excuse, the costs shall be paid by the attorney, and he shall moreover be liable to pay all the damages which his client may suffer by being nonsuited, or by any other neglect of the attorney, recoverable in a summary way, on motion, giving the accused notice. SEC. 122. The parties to any suit pending before any court of this State, shall have the right to appear and plead in person, or by their attorney at law, or in fact. SEC. 123. No client or other person shall be held liable or responAttorneys liable sible for any slanderous or libelous words uttered by his attorney at law; but attorneys shall be themselves liable and responsible for any slanderous or libelous words uttered by them. for slanderous words. 1855-491. tempt of court. SEC. 124. If any counselor or attorney at law shall be guilty of any contempt towards any court of this State, he may be punished Penalty for con- therefor by fine not exceeding one hundred dollars, or by imprisonment not exceeding twenty-four hours, or both, at the discretion of the court; and if the offender be guilty more than once of the like offense towards the same court, he may be punished therefor by fine not exceeding two hundred dollars, nor less than one hundred dollars, or by imprisonment not exceeding ten days, or both, at the discretion of the court. What shall be considered a contempt. SEC. 125. Nothing shall be construed or taken to be a contempt of court by an attorney, but what shall be said, done or committed directly in the presence or hearing of the court, during the sitting of the same; and which shall abuse, vituperate or insult any judge of the court, or any other person in or belonging to the court, or resist the authority or interrupt the proceedings thereof. Nor shall any attorney be otherwise punished for any contempt of court, or for any other cause than is specified in this and the preceding section. Nothing in this section shall be so construed as to alter the law for the, punishment of persons not obeying any summons, writ or order issuing from any court of record in this State. tinuing cases neys who may SEC. 126. Whenever any attorney at law shall be employed in 1858-6. the service of the State, as a member of the General Assembly, his Right of conabsence from court during the session of the General Assembly given to attor shall constitute a peremptory cause for the continuance, on the part be members of of his client, of any case wherein he is employed as leading counsel; the General and such case shall lie over till the following term; Provided, however, That this act shall not apply to cases in the Supreme Court. Assembly. Power to confer SEC. 127. The administration of the University of Louisiana shall 1855-417. have the right of conferring, under their common seal, on any person literary honors whom they may think worthy thereof, all literary honors and degrees and degrees. known and usually granted by any university or college in the Degree of bachUnited States or elsewhere. elor at law and doctor of medi right of prac ticing law or The degree of bachelor at law, and doctor of medicine, granted cine to conter by them, shall authorize the persons on whom it is conferred to practice law, physic and surgery in this State. medicine. Diploma-how All diplomas granted by them shall be signed by the president of the university, the chairman of the board, and the professors of the signed. department in which the student may have graduated; and by such other officers of the university as may be provided for by the laws of the university. In the medical department there shall never be less Number of prothan seven professors, which number shall be increased only at the cal department. suggestion and recommendation of the faculty of that department. fessors in medi torneys on judg fees. 1857-84. SEC. 128. From and after the passage of this act, in addition to 1868-209. the privileges enumerated in Title Twenty-first of the Civil Code of Privilege of at this State, a special privilege is hereby granted in favor of attorneys ment for their at law for the amount of their professional fees on all judgments obtained by them, to take rank as a first privilege thereon. SEC. 129. Advocates appointed by the judge to represent absent Compensation defendants, in cases of attachment, shall be entitled to the sum of pointed to repreten dollars as a fee, to be taxed as costs, which, upon application sent absent deand proof to the court, may be increased in proportion to the ser- cases of attachvices rendered. SEC. 130. In all cases where by any provision of the Code an oath of a party is required, it may (in case of the absence of said party) be made by his agent or attorney; and in such case it shall be sufficient for the agent or attorney to swear to the best of his knowledge and belief. of attorneys ap fendants in ment. 1839-168-16. Art. 216-C. P. Oath, in absence may be made by of principal agent or attor ney. 1855-6. Attorney Gen eral to keep his SEC. 131. It shall be the duty of the Attorney General to keer his office in the city of New Orleans; To appear for the State, and prosecute and conduct, in the Disoffice in the city trict Courts in the city of New Orleans, all civil suits in which the State may be a party or be interested; of New Orleans. Courts of New His duties in His duties in the Supreme Court. His duties in ment is located. His duties in the Federal and Circuit Courts, in the Federal' District in which the seat of government is located, and in the First District. tive to banking To appear for the State in the First District Court of the city of New Orleans, in all prosecutions for crimes punishable with death or imprisonment at hard labor for life, and in prosecutions for other crimes and offenses, whenever in his judgment the interest of the State may require it; To appear for the State in the Supreme Court sitting in New Orleans, and prosecute and defend all appeals, in causes criminal or civil, in which the State may be a party or be interested; To prosecute and conduct before the Federal Courts, all civil suits in which the State shall be interested, and of which the courts shall have jurisdiction, arising in the Federal Judicial District in which the seat of government is located, when the property at issue shall exceed two thousand dollars; To intervene, whenever the interest of the State shall require such intervention, in all suits now pending, or which may hereafter be instituted, in the courts of the First Judicial District, and in the Federal Courts sitting in the Federal Judicial District or Circuit in which the seat of government is located, when the amount or value of the property at issue in such intervention shall exceed two thousand dollars; To institute proceedings against all banking or other corporations His duties rela- chartered by the State, and situated in the First Judicial District; to obtain the forfeiture of their charters in cases of violation of the same, where no provision has been made by law for the forfeiture of their charters; and o her corporations. May be required by the Governor of the Legisla or either branch ture to appear for the State in certain cases. May be called on for his opinion by certain officers, etc. Report to the Legislature. When required by the Governor, or either branch of the Legislature, to appear for the State, in every court or tribunal, in any case in which the State may be interested or be a party; To give his opinion in writing upon all questions of law when required by the Governor, the Anditor of Public Accounts, or the State Treasurer; and consult with and advise the District Attorneys, whenever requested by them, in all matters appertaining to the duties of their offices; and to make and submit to the Legislature, at the commencement of the annual session thereof, a report of all the official business done by him during the preceding year, specifying the suits and prosecutions to which he may have attended; the number of persons prosecuted; the crimes for which, and the parishes where such prosecutions were had; the results thereof and the punishments awarded therefor; Information to To include in his annual report an abstract of the annual reports of the several District Attorneys, with such observations and state- be contained in ments as, in his opinion, the criminal jurisprudence and the proper his report. and economical administration of the criminal law of the State shall warrant and require. Legislature SEC. 132. He shall attend the Legislature during its session, and To attend the shall give his aid and advice in the arrangement and preparation of when required legislative acts and documents, when required by either branch to do so. thereof. SEC. 133. He shall keep two sets of books or journals, which shall constitute the records of that office; one set shall contain a fair Books to be kept by him. .transcript of all the legal opinions given by him, and the other a statement of all the suits brought by him on behalf of the State; each set shall have an index. 1855-151. Attorney Gen informed that a SEC. 134. Whenever the Attorney General or any District Attorney or District Attorney pro tempore shall be informed that a crime or misdemeanor has been committed, and that no complaint or eral to make declaration thereof has been made before any judge or justice of inquiry when the peace, it shall be their duty respectively to inquire ex officio into crime or misdethe fact by causing all persons they shall suppose to have some meaner has been knowledge of the fact to be summoned before some judge or justice of the peace, that their deposition may be taken. committed. the quarantine SEC. 135. The Resident Physician at the Quarantine Station shall report to the Attorney General all violations of this act; and it shall 1855-471. be his duty to prosecute all persons thus offending; to collect the Duties under fines and remit the amount thereof to the secretary of the Board of act. Health, whose duty it shall be to keep a separate book for fines collected, to be approved of every three months by the Attorney General, who shall receive such compensation as the board may fix for his services. ral to prosecute state collectors in certain cases. SEC. 136. Any State collector, collecting or attempting to collect any licenses or taxes in the name of the State of Louisiana without 1869–116. having duly qualified and given bond, in accordance with law, shall Attorney Gene be subject to a fine of not less than one thousand dollars, nor more than five thousand dollars, and be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the Attorney General to prosecute all such cases upon information from the Auditor, for which he shall receive a fee of fifty dollars, upon conviction. 1868-155. SEC. 137. The Attorney General and District Attorney shall be entitled to receive the sum of fifteen dollars on each criminal prose- Fees in criminal cution in which the accused shall be convicted, to be taxed with cases. the costs. 1855-6. SEC. 138. The Attorney General shall receive five per cent. on Fees for collec all amounts collected by him; and all suits brought by him and all tions. appeals prosecuted by him shall be tried by preference. Suits tried by preference. |