Chap. 389.—An ACT to amend and re-enact sections 3408 to 3422, both in-
clusive, of the Code of Virginia, section 3408 of which was amended by
an act approved February 21, 1920, and to repeal an act entitled an act to
amend and re-enact section 3191 of the Code of Virginia, as amended and

' re-enacted by an act approved March 13, 1914, entitled an act to amend
and re-enact section 3191, chapter 154, of the Code, as amended by an act
in force on and after February 2, 1892, and by an act in force on and
after July 1, 1896, and by an act approved March 14, 1910, relating to how
a person is licensed to practice law in the State of Virginia, approved
March 14, 1918; and to ‘repeal an act entitled an act to amend and re-
enact section 3194 of the Code of Virginia, as heretofore amended, in re-
lation to the practice of law without a license, approved March er

363]
Approved March 24, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-four hundred and eight to thirty-four hundred and
twenty-two, both inclusive, of the Code of Virginia, section thirty-
four hundred and eight of which was amended by an act approved
February twenty-first, nineteen hundred and twenty, be amended and
re-enacted so as to read as follows: .

Sec. 3408. Who may practice law in this State—The following
persons may practice law in this State:

All persons, male and female, who have heretofore obtained, or
may hereafter obtain a license to so practice under the laws of this
State, and whose license has not been revoked, and who have paid
the license tax prescribed by law; provided, that the attorney at law
holding any license heretofore granted has already commenced the
practice of his profession or shall commence the practice thereof
within two years from the date of the granting of such license.

Any person duly authorized and practicing as counsel or attorney
at law in any State or territory of the United States, or in the Dis-
trict of Columbia, may, for the purpose of attending to any case he
may occasionally have in association with a practicing lawyer of this
State practice in the courts of this State, in which case no fee shall
be chargeable against such non-resident attorney.

Sec. 3409. When supreme court of appeals may grant licenses
without examination.—The supreme court of appeals shall have dis-
cretion to grant a certificate without examination to any lawyer who
has practiced before the supreme court of any State or territory of
the United States or the District of Columbia for three years, or to
any professor in any of the law schools of this State who has taught
in said school for a period of three years or more, which certificate
shall entitle the holder, after paying his license tax, to practice in
the courts of this State. All other persons shall stand the examina-
tions and comply with the provisions of the other sections of this
chapter applicable thereto.

Sec. 3410. Board of bar examiners; appointment; terms, vacan-
cies—There shall be a board of five competent lawyers resident in
this State for the examination of applicants for admission to the bar.
The members of this board shall be appointed for a term of five years
by the supreme court of appeals, and shall consist of the present
board until their respective terms expire. As such terms expire or
vacancies otherwise occur, they shall be filled by said court for the
full term of five years. ,

Sec. 3411. Time and place of examination; issuance of license;
list to be certified to supreme court of appeals—Such board shall
hold at least two examinations each year, at such times as it may
prescribe by general rule or special order; but if only two of such
examinations are held in any one year, they shall not be less than
five months apart. One of such examinations shall be held in the
city of Richmond, and one in the city of Roanoke each year, unless
for good cause it be necessary to hold it elsewhere. It shall issue a
license to practice law in this State to every applicant who shall have
successfully passed the examination on all the subjects required and
shall have complied with the requirements of this chapter and the
rules of the board, which license shall be signed by at least three
members of the board. The board shall forthwith certify to the
supreme court of appeals a list of those whom it has so licensed,
which list shall be spread upon the records of said court.

Sec. 3412. Secretary and treasurer of the board—tThe official
stenographer of the supreme court of appeals shall be ex-officio the
secretary and treasurer of the board, but it may, in case of necessity,
appoint a temporary secretary and treasurer.

Sec. 3413. President of board; rules and regulations ; quorum.—
The board shall elect one of its members president, and may make,
alter and amend rules and regulations as to the legal qualifications
of applicants, the requirements necessary for passing examinations,
in whole or in part, and as to all things necessary or expedient for
the proper conduct of its examinations and the proper discharge of
its duties. Three members shall constitute a quorum for holding ex-
aminations or the transaction of other business.

Sec. 3414. Preservation of examination papers.—The examination
papers shall be kept on file in the office of the secretary and treas-
urer at Richmond for one year after each examination, total or par-
tial, after which they may be destroyed.

Sec. 3415. Re-examinations——Any applicant failing to pass an
examination, in whole or in part, may again apply at any subsequent
examination upon showing to the board that he has diligently pur-
sued the study of law since the former examination. .

Sec. 3416. Pay of members of board and their secretary and treas-
urer; expenses of examinations—The members of said board shall
each receive as compensation ten dollars per day for the time spent
in the discharge of their duties as members, and mileage now allowed
by law to the members of the general assembly of this Common-
wealth, to meet the expenses incurred in going to, holding and re-
turning from any sessions of the board held for the discharge of any
of the duties devolving upon them. The compensation of the secre-
tary and treasurer shall be fixed by the board. The per diem and
mileage of the members of the board, the compensation of the secre-
tary and treasurer, and the necessary expenses incurred in conducting
the examinations, shall be paid by the secretary and treasurer out of
the fund derived from fees paid by applicants. The compensation
for services and expenses herein provided for shall not exceed the
amount received as fees from applicants, which shall be fixed by the
rules and regulations adopted by the said board, as hereinafter pro-
vided, relative to the examinations to be held by said board.

Sec. 3417. Fees to be paid by applicants.—In order to defray the
compensation, mileage and expenses above. provided for, the board
shall fix by general rule or special order the fees to be paid by each
applicant. If any surplus accumulates from such fees, it shall be di-
vided at periods of five years between the law libraries of the supreme
court of appeals at Wytheville and Staunton.

Sec. 3418. Preliminary certificate of character and of age-—No
one shall take any examination until he shall file with said board a
certificate from the circuit court of the county, or the corporation
court of the city wherein he resides, or the judge of either of said
courts, that he is a person of honest demeanor, is over the age of
twenty-one years, and has resided in this State the preceding six
months; or, if he has been a student in one of the law schools of
this State connected with a university or college, a certificate signed
by any two professors of said law school that he is a person of honest
demeanor, is over the age of twenty-one years; and within the pre-
ceding three years has studied law at said school for a period of two
collegiate years. ©

Sec. 3419. Preliminary certificate of persons over nineteen and
under twenty-one years of age——Any person who is over the age of
nineteen and under twenty-one years of age may also take any ex-
amination upon filing with the board a certificate from the circuit
court of the county, or the corporation court of the city in which
he resides, or the judge of either of said courts, that he is a person
of honest demeanor, that he is over the age of nineteen years, that
he has studied law for the period of two years in the office of a
practicing attorney in this State, and that he will attain the age of
twenty-one years on the _---_---___- day of _---------_--- (giving
the date); or, if he has been a student in one of the law schools of
this State connected with a university or college, a certificate of two
of the professors in said school, that he is a person of honest de-
meanor, that he is over the age of nineteen years, that within the
preceding three years he has studied law for a period of two col-
legiate years in one of said law schools, or in the office of a practicing
attorney in this State, as the case may be, and that he will attain the
age of twenty-one years on the _-----_-_-_- day of -----._._____-
(giving the date). No license to an applicant under this section
shall be issued until he attains the age of twenty-one years.

Sec. 3420. Revocation of license.—The board may, for good cause,
revoke any license isued by it at any time before there has been a
qualification under it in any of the courts of this Commonwealth,
but not thereafter.

Sec. 3421. Attorney to qualify in each court in which he prac-
tices—Every such person shall produce, before each court in which
he intends to practice, satisfactory evidence of his being so licensed
or authorized, and take an oath that he will honestly demean him-
self in the practice of law, and to the best of his ability execute his
office of attorney at law; and also, when he is licensed in this State,
take the oath of fidelity to the Commonwealth.

Sec. 3422. Penalty for practicing without being licensed and quali-
fied; when penalty not incurred—If any person shall practice law
for compensation in this State, without being so licensed or author-
ized, or without taking the oaths required, he shall be fined, for each
offense, not less than fifty dollars, nor more than one hundred and
fifty dollars; but this penalty shall not be incurred by an attorney
practicing for compensation, after obtaining a license, if he shall
qualify at the first term thereafter of any court of the county or cor-
poration in which he resides.

2. An act entitled an act to amend and re-enact section thirty-
one hundred and ninety-one of the Code of Virginia, as amended and
re-enacted by an act approved March thirteenth, nineteen hundred
and fourteen, entitled an act to amend and re-enact section thirty-one
hundred and ninety-one, chapter one hundred and fifty-four, of the
Code, as amended by an act in force on and after February second,
eighteen hundred and ninety-two, and by an act in force on and
after July first, eighteen hundred and ninety-six, and by an act ap-
proved March fourteenth, nineteen hundred and ten, relating to how
a person is licensed to practice law in the State of Virginia, approved
March fourteenth, nineteen hundred and eighteen, and an act entitled
an act to amend and re-enact:section thirty-one hundred and ninety-
four, of the Code of Virginia, as heretofore amended, in relation to
the practice of Jaw without a license, approved March nine, nineteen
hundred and eighteen, are hereby repealed.