SEC. 97. (Oath to be taken before any judge, clerk of court or justice of the peace.) See D. 529. C. P. 216, 217; D. sec. 3, 529, 2563; Act 1828, p. 162. SEC. 93. (Oath, in absence of principal, may be made by agent or attorney.) See D. 528. C. P. 216; D. sec. 3, 130, 523, 2567; Act 1839, p. 188. Time of except SEC. 99. The time given by article two hundred and twenty-seven of the code of practice shall be twenty instead of ten days for ex- ing to sureties of bond excepting to the securities taken by the sheriff; and, out of the first tended twenty days. judicial district, instead of moving for a rule of court, the plaintiff may make his exceptions before the judge in chambers. C. P. 227; D. sec. 530, 3730; Act 1826, p. 163. surety on the or's bond to be SEC. 100. Article two hundred and thirty-âve of the code of prac- Liability tice shall be so amended that the surety therein mentioned, against debtor's bond. whom a motion shall have been made to render him liable for the Surety on debtamount of the judgment given against the debtor, shall be tried sum- tried summarily and without marily and without the intervention of a jury, unless the said surety jury, unless sigshall allege, under oath, that the signature of the bond, purporting to nature is dis puted or judgment satisfied. be his, is not genuine, or that the judgment has been satisfied. C. P. 235; D. sec. 531, 3731; Act 1839, p. 162. Etc., may be the filing of the SEC. 101. In all cases where attachments, arrests and sequestration are demandable, the plaintiff, his agent or attorney, having made Attachments, affidavit and given bond in conformity to law, and having filed the granted before same in court, it shall be the duty of the judge to order forthwith the petition. process required, without any petition being presented; but the usual Petition to be petition shall be filed on the day succeeding that on which the said filed on the next process shall have issued, except in cases where a Sunday, fourth of case of certain July or eighth of January shall be the succeeding day; then on the then upon the day following day next succeeding such Sunday, fourth of July or eighth of Janu- the holiday. ary; and the sheriff shall proceed to execute said process according to its tenor. C. P. 237, 276; D. sec. 525, 3536; Act 1828, p. 150. SEC. 102. (Debtors charged with fraud may be arrested under the insolvent laws.) See D. 1805. 2 C. P. 219; D. sec. 1805; Act 1855, p. 432. day except in holidays, and SEC. 103. Article two hundred and forty of the code of practice "Permanently" in lieu of never shall be so amended that the words "never again to return" be again to return" stricken out, and the word "permanently" inserted in lieu thereof. C. P. 240; D. sec. 532; Act 1839, p. 162, sec. 4. the issue of the ment. SEC. 104. Articles two hundred and forty-two, two hundred and forty-three and two hundred and forty-four of the code of practice, shall be so amended that, in cases where the debt or obligation is not Requisites for yet due, it shall be lawful for a writ of attachment to issue, whenever writ of attach the judge shall be satisfied by the oath of the creditor or his agent of the existence of the debt; and upon the creditor or his agent taking oath to either of the requisites in number one, two or three of article two hundred and forty, and complying with article two hundred and forty-four, and, moreover, swearing that the debtor is about to remove his property out of the State before the debt becomes due, it shall be sufficient for the oath required to be taken by the agent, to be to the best of his knowledge and belief; and it shall be deemed sufficient for the creditor, in order to obtain an attachment, to make the oath required to be taken by him in conformity to any of the requisites of number one, two or three of article two hundred and forty. Oath of creditor. C. P. 242, 243, 244; D. sec. 533, 2569; Act 1826, p. 170, sec. 7. SEC. 105. Article two hundred and forty-three shall be so amended that in lieu of the oath prescribed by that article, it shall be sufficient for the creditor to swear to the existence of the debt demanded by him, and that he verily believes that the debtor has left the State permanently, or that he resides out of the State, or conceals himself so that citation cannot be served on him. C. P. 243; D. sec. 534, 2570; Act 1839, p. 164, sec. 5. SEC. 106. The two hundred and forty-fourth article shall be so amended that the oath required to authorize the issuing of an atOath of agent tachment in cases where the debt is already due, may be made by the agent or attorney of the creditor, to the best of his knowledge and belief. or attorney. C. P. 244; D. sec. 535, 2571; Act 1828, p. 38, sec. 1. SEC. 107. Article two hundred and fifty-nine of the code of practice shall be so amended that in case of attachment, when the defendant has given his obligation with security, as by the article proagainst debtor's vided, and fails to satisfy the judgment rendered against him, the surety after ten days notice. plaintiff may, on the return of the sheriff that no property has been Plaintiff to have judgment found, and on exhibiting to the court the obligation duly transferred to him, obtain judgment against the surety on the obligation, upon motion, after ten days' previous notice to the surety, which motion shall be tried summarily and without the intervention of a jury, unless the surety shall allege, under oath, that the signature to the bond, purporting to be his, is not genuine, or that the judgment has been satisfied. upon leased In all cases where property attached, sequestered or provisionally Property reseized shall be released on the defendant executing a bond with security, the sheriff shall be bound to return the bond sɔ taken by him curity, into court. The plaintiff shall have the right to object to the insufficiency of the security on such bonds only within twenty days after the bond is Plaintiff's right to object on infiled in the clerk's office; and in case the security on the bonds sufficiency of bond limited to should be declared insufficient, the sheriff shall be liable as security twenty on the bonds. The bond shall be assigned by the sheriff to the plaintiff. Article two hundred and fifty-nine of the code of practice shall be amended so as to read thus: The defendant, if he appear either in person or by his attorney, may, moreover, in every stage of the suit, have the property attached released by delivering to the sheriff his obligation for a sun exceeding by one-half the value of the property attached, with the surety of a good and solvent person residing within the jurisdiction of the court where the action was brought, that he will satisfy such judgment, to the value of the property attached, as may be rendered against him in the pending suit. C. P. 259; D. sec. 537, 3553, 3732; Act 1839, p. 162, sec. 3; Act 1839, p. 168, sec. 18; Act 1852, p. 155, sec. 1; Act 1876, No. 51. from filing, days SEC. 108. Advocates appointed by the judge to represent absent defendants in cases of attachment, shall be entitled to the sum of ten Appointment and fees of dollars as a fee, to be taxed as costs, which, upon application and advocates. proof to the court, may be increased in proportion to the services rendered. D. sec. 129; Act 1857, p. 84. SEC. 109. Creditor may obtain the attachment of the property of Additional his debtor in the following cases, additional to those already pro- attachment.. ground for vided by law : First. When he has mortgaged, assigned or disposed of, or is about to mortgage, assign or dispose of his property, rights or credits, or some part thereof, with intent to defraud his creditors or give an unfair preference to some of them. Second. When he has converted or is about to convert his property; of creditor. into money or evidences of debt with intent to place it beyond the reach of his creditors. C. C. 1969 (1964), 1973 (1968); C. P. 240; Act 1868, p. 202. SEC. 110. Creditor shall make oath to the facts upon which he Oath and bond 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. 243, 245; D. sec. 103, 106; Act 1880, No, 17. ATTORNEY AT LAW. SEC. 111. Any citizen of the United States possessing the qualifica Who may be ad- tions (except that of residence) necessary to constitute a legal voter, mitted to prac tice as attor shall be admitted to practice as an attorney at law in any court of. this State, upon obtaining a license from the supreme court of this State. neys at law. Supreme court 30 A. 97; Act 1855, p. 121; Act 1873, p. 66. SEC. 112. The supreme court shall grant licenses to applicants to grant licen- possessing the qualifications required by the preceding section: ses. 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. 33 A. 998; Act 1873, No. 29; Act 1877, Nos. 83, 136, 207. SEC. 113. Any person having been licensed to practice law in the Attorneys from superior courts of any of the States of this union, on the presentation other States, of said license to any one of the judges of the supreme court, or any two how licensed. 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. neys and coun SEC. 114 (Attorneys from other States, how admitted.) Repealed. Act 1877, No. 54; Act 18€8, p. 263; Act, Ex. S. 1877, Nos. 23, 136. 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, take oath to support the constitution of the United States and of this State, Oath of attoras also the following additional oatb, to-wit: "I (A B) do solemenly selors at law. 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. D. sec. 2559; Act 1857, p. 7; Act 1855, p. 121. Penalties for cers of courts 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 shall appear or plead for any person in the court for which he is an officer, judges and offiexcept as attorney-in-fact (as must be made to appear by authentic acting as attordocuments), for any persons not residing within this State, or being neys at law. absent from the same, under the penalty of being fined by the court in the sum of five hundred dollars for every such offence. D. sec. 878; Act 1855, p. 121. 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 appear or plead as attorney for any other person in the court for which Judges, clerks, he is an officer, or shall practice or receive a fee or fees as an attorney deputy clerks, etc., prohibited at law in any case or succession opened in said court, or act as attorney from practicing as attorneys at at law for said successions in any matter whatever, either directly law. 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 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. D. sec. 878, 1960; Act 1861, p. 87. SEC. 118. Whenever it shall be made to appear to any court having jurisdiction thereof that an attorney at law has been guilty of Penalty. exciting or fomenting suits or quarrels, the court shall, on motion, in For exciting a summary way, on giving the accused due notice, direct that the suits, etc. name of said attorney be erased from the names of the officers of court. Act 1855, p. 121. |