cents per day. Where a case is defaulted, the plaintiff can charge but for three day's attendance, making ninety-nine cents, as appears in the foregoing bill of costs. No fees for attendance are allowed in any action from and after the day when the same shall be nonsuited, defaulted, continued, or otherwise finally disposed of by the court for that term, which day shall be entered on the docket.

When an action is continued by the court for advisement, or under reference by a rule of court, or on account of the absence of the defendant from the Commonwealth, the prevailing party is allowed costs for only one day's attendance and his travel, at every intermediate term; and, at the term when the opinion is pronounced, or the report made, or proof of notice given, for his attendance subsequent thereto.

Where a case is put upon the trial list, and is kept there until trial, a fee for attendance is ordinarily allowed from the day it is entered, until it is finally disposed of.

We will now give an example of a common nonsuit, or where the defendant prevails.

If witnesses are summoned in a case nonsuited, and certify to their attendance, their fees are allowed, although the case may not go to a jury.

In the foregoing bill of costs, the travel and attendance are the same as in plaintiff's bill. "Appearance" is not found under a distinct head in plaintiff's bill of costs, but is included in the " Entry" fee, as will be seen by reference to the subject of " Entry." So, attorney's fee in plaintiff's bill is included in the charge for "Writ," which see. The clerk usually charges fifty cents for taxing costs, as appears in the foregoing bill. We will now give two examples, in cases tried before a jury, one where plaintiff prevails, the other where defendant prevails.

It will be seen that travel and attendance have been charged twice in the foregoing bills of costs; the reason is, that a case is seldom, if ever, tried in the term in which it is entered, but is continued until the second term, when it is usually heard and decided. T'he prevailing party is, therefore, entitled to travel and attendance for both terms.

The items in italics are those not found in the examples given of bills of costs, where defendant is defaulted or plaintiff nonsuited. They are:

Continuance. When a case is not tried during the first term, and it seldom is, a fee is charged for continuing it until the next term, and so on from term to term, until it is finally disposed of. By the Revised Statutes, the clerk may charge twelve cents for a "Continuance," but it is customary to charge twenty, and it is so put down in the above bill.

Filing papers. Twenty cents is paid for each paper that is filed in any case, by the party filing it, and if he prevails in the suit, it is taxed in his bill of

costs.

Issue. When an issue of law or fact is joined, the attorney's fee is increased from $1 to $150; and this extra fifty cents is taxed under the head of "issue."

L. T.

9

97

-

Verdict. Fee for recording verdict, twenty cents. Witness fees. The fees of witnesses are one dollar a day, and four cents a mile for travel out and home. Summoning witnesses. The price of the subpoena is ten cents. The officer's fee is ten cents for each witness, and four cents a mile for travel.

The foregoing bills of costs embrace the usual items charged in ordinary civil suits; but there may be various other charges, as follows:

Rule to Referee,

Rule to Auditor,

Order of notice where a party resides out

of the Commonwealth,.

Expense of printing do.,

Commission to take depositions,

Receiving and reading Referee's or Audit-
or's Report, .

$0.50

0.50

1.00

3 50

1.00

1.00

Trustee's fees. A trustee appearing the first term and submitting himself to be examined upon oath, is allowed his costs for travel and attendance, and such further sum as the court shall think reasonable, for his counsel fees and other necessary expenses. Where the trustee is discharged within five days after his appearance, it is usual to allow a counsel fee of three dollars; if not discharged until after five days, then a counsel fee of one dollar, and his travel and attendance. Fees are allowed, in like proportion, where he is charged as trustee, in which case he is allowed to deduct and retain them out of the property in his hands, and if that is not sufficient, then to recover them of the plaintiff. If he be discharged his fees are to be paid by the plaintiff, and he may have judgment and execution therefor accordingly. (R. S. c. 109, § 49, 51.)

BILL OF COSTS IN THE SUPREME JUDICIAL COURT.

With few exceptions, the fees in the supreme court are the same as in the common pleas. We shall only notice the exceptions; they are,

The Attorney's Fee. In the court of common pleas, where a case is defaulted, the Attorney's Fee, as we have seen, is $1; in the supreme court it is $1.25. In the former court, where an issue of law or fact is joined, his fees are $1.50; in the latter, they are $2.50.

ATTORNEYS, QUALIFICATIONS OF, &C.

99

In the bill of costs for the plaintiff in the court of common pleas, it is usual, as we have seen, to include the attorney's fee in the charge for the "Writ," and where an issue of law or fact is joined, a separate charge of fifty cents is made for the Issue. In the bill of costs for the plaintiff in the supreme court, it is usual to make a separate item of the Attorney's Fee. Thus, Writ," sixty-five cents; which includes the Writ, fifteen cents; Entry of an appearance, ten cents; Judgment, forty cents. The "Attorney's Fee," $1.25 or $2.50, as the case may be, is set down under a distinct head.

66

For further particulars, see the List of Fees of Clerks, in Part V.

ATTORNEYS.-QUALIFICATIONS OF.-WHO CAN BE AN AT

TORNEY.-LIABILITY OF ATTORNEYS AND SHERIFFS.

Qualifications of an Attorney.-Any citizen of this Commonwealth, of the age of twenty-one years, and of good moral character, who shall have devoted three years to the study of the law, in the office of some attorney, within this state, shall, on application to the supreme court, or court of common pleas. be admitted to prac'ise as an attorney in any court of this Commonwealth, on complying with the other requisitions contained in this chapter. (R. S. c. 88.)

Any person, having the other qualifications, required in the preceding section, but who shall not have studied the term therein prescribed, may, on the recommendation of any attorney within this Commonwealth, petition the supreme court, or court of common pleas, to be examined for admission as an attorney in said courts, whereupon the court shall assign some time and place for the examination, and if they shall thereupon be satisfied with his acquirements and qualifications, he shall be admitted, in like manner as if he had studied three full years. (ib.)

Every person, admitted as an attorney shall, in open court, take and subscribe the oaths to support the constitution of the United States, and of this Commonwealth, and the oath of office. (ib.)

The oath of office shall be as follows:

You solemnly swear, that you will conduct yourself, in the office of an attorney, according to the best of your knowledge and discretion, and with all good fidelity, as well to the courts as to your clients. So help you God. (b.)

Attorney may be removed for malpractice, &c.-Any attorney may be re moved by the supreme judicial court, or the court of common pleas, for any deceit, malpractice, or other gross misconduct, and shall moreover be liable in damages, to the party injured thereby, and to such other punishment as may be provided by law; and the expenses of the inquiry and proceedings, in either of the said courts, for the removal of any attorney, shall be paid out of the treasury of the Commonwealth. (ib. c. 88 and 141.)

Malpractices of Attorneys.-If an attorney, in the conduct of a suit, commits an act of negligence, whereby all the previous steps become useless in the result, he cannot recover for any part of the business done. And whether or not, in such case, the work become wholly useless by the plaintiff's fault, is a question for the jury. (2 C. M and R. 547.)

An attorney is bound to execute the business entrusted to him, with a reasonable degree of care, skill, and despatch. If the client be injured by the gross fault, negligence, or ignorance of the attorney, the attorney is liable.

If an attorney, after a demand made, or directions given to remit, neglect to pay over money collected by him, in addition to the common liability to his client, the court will grant a rule to show cause why an attachment should not issue against him. And, in some instances, the court will order an attorney to pay costs to his own client for neglect, or to the opposite party for vexatious and improper conduct.

When an attorney is charged, by affidavit, with any fraud or malpractice, or with any conduct rendering him unfit for his profession, the court will order him to answer the matters contained in the affidavit.

Liability of sheriffs who neglect to pay over moneys collected.-If any officer shall unreasonably neglect to pay any money, collected by him on execu tion, when demanded by the creditor therein, he shall forfeit and pay to the creditor five times the lawful interest of the money, from the time of the demand until it is paid. (ib. c. 97.)

Sheriffs are responsible for the official misconduct of their deputies. (ib. c. 14.)

Parties may manage their own suits.-Parties may manage, prosecute or defend their own suits, personally, and by such counsel or attorneys as they may see fit to engage, but no more than two persons for each party shall, without permission of the court, be allowed to manage any case therein. (ib. c. 88.)

Any person, of good moral character, although not admitted an attorney, may manage, prosecute or defend a suit, for any other person, provided he is specially authorized for that purpose, by the party for whom he appears, in writing, or by personal nomination in open court. (ib.)

Every attorney, who shall be lawfully possessed of an execution, in favor of his client, shall have a lien thereon, for the amount of his fees and disbursements in the cause, provided, that this shall not prevent the payment of the execution to the judgment creditor, by any officer or other person, without notice of the lien. (ib.)

PART V.

LEGAL FEES

OF

ATTORNEYS AND LAW OFFICERS

OF THE STATE OF MASSACHUSETTS.

FEES OF ATTORNEYS.

All parties, recovering costs in civil causes, shall be allowed as follows: For an attorney's fee in the supreme judicial court, in all cases, in which an issue in law or fact is joined,

$2.50

In all other cases,

1.25

For an attorney's fee in the court of common pleas, when an issue in law or fact is joined,

1.50

In all other cases,

1.00

For the declaration in each writ, in any justice's court, or other court whatever,

0.50

For attendance and travel, in either of the courts before mentioned, or before a justice of the peace, police court, or any other court of record, for each day's attendance,

0.33

For every ten miles' travel,

0.33