ÆäÀÌÁö À̹ÌÁö
PDF
ePub

under the preceding section, he may at any time before judgment apply to the judge of the court in which the said bond is filed for an order requiring the petitioner to give additional security, notice of which application shall be given to the petitioner not less than five days before the same is made; and the said judge, if satisfied from evidence of the insufficiency of the bond, may order or require the petitioner to give an additional bond within such time as he shall deem proper; and in case of refusal to comply with such order, judgment may be entered against such petitioner to the amount of the real value of the property levied upon, upon which execution may issue as provided by law; and said plaintiff may have an execution against the defendant in the original attachment; provided, that but one satisfaction of the debt or demand shall be made; and it shall be in the discretion of the court in all such cases to dispose of the matter of costs.

Turner v. Little, 59 Md. 199. Kean v. Doerner, 62 Md. 475.

Attachment Before Maturity of Plaintiff's Claim.
Ibid. sec. 48. 1894, ch. 648.

50. Although the debt or obligation upon which the action is brought may not have matured, the creditor may, nevertheless, proceed by attachment, as heretofore provided, in the following cases: (1) When the debtor absconds; (2) when he has assigned, disposed of or concealed or is about to assign, dispose of or conceal his property or some part thereof, with intent to defraud his creditors; (3) when he is about to abscond from this State; (4) when he has fraudulently contracted the debt or incurred the obligation respecting which the action is brought; or (5) when he has removed or is about to remove his property, or some portion thereof, out of this State, with intent to defraud his creditors. The date of the maturity of the debt or obligation shall be set forth in the affidavit upon which the attachment is to issue, and the plaintiff shall not be entitled to judgment either in the short note. or in the attachment case until after the maturity of the debt or obligation.

Johnson v. Stockham, 89 Md. 374.

ARTICLE X.

ATTORNEYS AT LAW AND ATTORNEYS IN FACT.

Admission to the Bar.

1. Attorneys at law must be admitted.

2. Application for admission to the bar to be made to the court of appeals. State board of law examiners.

3. Applications to be referred by court of appeals to State board of law examiners.

4. Women may practise law.

5. Admission without examination of lawyers from other States. To whom not applicable.

6. Certificate from court of appeals. Free Inspection of Records by Practitioners.

7. Practitioners entitled to free inspection of records. Clerks and registers to afford immediate access to records.

Oath of Attorneys at Law. 8. Form of oath.

Misconduct of Attorneys-Negligence-Disbarment— Suspension.

9. Punishments for misconduct. 10. Disbarment by circuit courts or

supreme bench of Baltimore city shall extend to orphans' court.

11. Duty of orphans' court to bring charges for professional misconduct.

12. Negligence resulting in discontinuance.

13. Improper solicitations of clientage. Penalty.

14. Costs for negligence.

Who May Not Practise Law. 15. Who may not be admitted to practise law.

16. Register of wills and clerks may not practise while holding office.

17. Nor judges.

Practising Without Being
Admitted to the Bar.

18. No person shall practise for compensation without being admitted to the bar. Penalty.

State's Attorney.

19. To represent the State. 20. To order execution for penalties. 21. May compromise cases of assault. 22. To aid comptroller and treasurer. 23. Accounts for fees. Not applicable to Allegany, Anne Arundel and Garrett counties. 24. Comptroller may adjust fees of. 25. Ad interim appointment of. 26. When to enter judgment to use of surety.

Attorneys in Fact.

27. When acts valid after death of principal.

28. Transfer by attorney of stock owned by partnership. 29. How such power to be acknowledged.

30. Power of attorney to execute deed.

Admission to the Bar.

1888, art. 10, sec. 1. 1860, art. 11, sec. 1. 1715, ch. 48. 1783, ch. 17.

1831, ch. 268.

1. No attorney or other person shall practise the law in any of the courts of this State without being admitted thereto as herein directed.

Ibid. sec. 2. 1860, art. 11, sec. 2. 1898, ch. 139.

2. All applications for admission to the bar in this State shall be made by petition to the court of appeals. A State board of law examiners is hereby created, to consist of three members of the bar of at least ten years' standing, who shall be appointed by the court of appeals, and shall hold office for the term of three years. Said examiners shall hold office for one, two and three years, respectively, to be designated by the judges of the court of appeals. After the first appointment the court of appeals shall annually appoint a member of said board in the place of the examiner whose term shall expire. Members of said board shall be eligible to re-appointment. In case of any vacancy in said board by reason of death, resignation or otherwise, the court of appeals shall fill said vacancy by the appointment of a member of said board to serve until the expiration of the term for which the person so dying or resigning had been appointed.

1892, ch. 37. 1898, ch. 139. 1902, ch. 399.

3. All applications for admission to the bar shall be referred by the court of appeals to the State board of law examiners, who shall examine the applicant touching his or her qualifications for admission to the bar. The said board shall report their proceedings in the examination of applicants to the court of appeals, with any recommendations said board may desire to make. If the court of appeals shall then find the applicant to be qualified to discharge the duties of an attorney, and to be of good moral character and worthy to be admitted, they shall pass an order admitting him or her to practise in all the courts of this State. The court of appeals shall prescribe rules providing for a uniform system of examinations in this State, which shall govern the board of law examiners in the performance of their duties. The expenses of said board, including such compensation to the members thereof as the court of appeals may determine, shall be paid out of the fees of the applicants. No one shall be examined who shall not have

studied the law in a law school in any part of the United States or in the office of a member of the bar of this State for at least two years. Every applicant, upon presenting himself or herself for examination before the board of law examiners, shall pay to the treasurer of the board such fee, not exceeding twentyfive dollars, as may be fixed by the court of appeals. On payment of one examination fee the applicant shall be entitled to the privilege of three examinations, but no more. Any fraudulent act or representation by an applicant in connection with his or her application or examination shall be sufficient cause for the revocation of the order admitting him or her to practise. The board of law examiners shall render an annual account of their expenses to the court of appeals. The provisions of this and the preceding section shall not apply to those students who shall have matriculated at the law department of the University of Maryland, or the Baltimore University School of Law prior to the first day of January, 1898, but such students shall be admitted upon the production of their diplomas of graduation as heretofore.

In re Maddox, 93 Md. 729.

1902, ch. 399, sec. 3 A.

4. Women shall be permitted to practise law in this State upon the same terms, conditions and requirements and to the same extent as provided in this article with reference to men.

1888, art. 10, sec. 6. 1860, art. 11, sec. 6. 1831, ch. 268, sec. 5. 1898, ch. 139. 5. Members of the bar of any State, district or territory of the United States, who, for five years after admission, have been engaged as practitioners, judges or teachers of law, shall be admitted without examination on proof of good moral character, after becoming actual residents of this State. Members of the bar of any other State, district or territory of the United States, who may be employed as counsel in any case pending before any of the courts of this State, may be admitted for all the purposes of the case in which they are so employed by the court before which said case is pending, without examination. Nothing herein contained shall be construed to deprive the courts of this State of the power, as at present existing, of disbarring or otherwise punishing members of the bar.

Ibid. sec. 9. 1860, art. 11, sec. 9. 1831, ch. 228, sec. 1. 1878, ch. 400. 6. All persons who are now or shall hereafter be admitted to practise law in the court of appeals of this State, shall be

entitled to practise law in any or all other courts of the State, upon exhibiting to the judge or clerk thereof a duly authenticated certificate of such admission to the bar of the court of appeals.

Free Inspection of Records by Practitioners.

1900, ch. 26, sec. 9A.

7. All persons who are now or shall hereafter be admitted to practise law in any court in this State, or their authorized clerk or representative, shall be entitled to inspect and examine as soon as received for record, or at any time thereafter, all papers filed for record or otherwise, in the clerk's office of the circuit courts of this State, and in the clerk's offices of the courts constituting the supreme bench of Baltimore city, and in the offices of the registers of wills in this State and of the commissioner of the land office, and to make memoranda or notes therefrom for any lawful purposes whatsoever, without payment. of fees therefor, and also to examine the records and indexes in the aforesaid offices free of charge; and it shall be the duty of the clerk or register aforesaid in whose office said paper or papers are filed or records and indexes are kept, to afford immediate access to said papers or records, and a full opportunity to the person or persons desiring to make an examination of the same and memoranda therefrom for the purpose aforesaid.

Oath of Attorneys at Law.

1888, art. 10, sec. 10. 1860, art. 11, sec. 10. 1777, ch. 5, sec. 1.
1854, ch. 18, sec. 2. 1865, ch. 114. 1867, ch. 126.

8. Every attorney or other practitioner at law shall in open court take and prescribe the following oath or affirmation: I do solemnly swear (or affirm) that I will at all times demean. myself fairly and honorably as an attorney and practitioner at law; that I will bear true allegiance to the State of Maryland,. and support the laws and constitution thereof, and that I will bear true allegiance to the United States, and that I will support, protect and defend the constitution, laws and government. thereof as the supreme law of the land; any law or ordinance of this or any State to the contrary notwithstanding.

Misconduct of Attorneys at Law-Negligence-Disbarment-Suspension.

Ibid. sec. 11. 1860, art. 11, sec. 11. 1719, ch. 4, sec. 2.

9. The judges of the several courts of this State shall observe the demeanor of all attorneys practising the law before.

« ÀÌÀü°è¼Ó »