Convicted felons not admitted to use of the territory; to be recovered by action of debt in any court of record. 1 2. Every person that hath already been, or shall hereafter be convicted of any felonious crime, shall be incapable of obtaining such practise. license; or if licensed, the judges of any court in which such person may practise, on proof thereof being made to them, may suspend his license. perior courts, cense for Judges of su- 3. If the judges of the superior courts, from their own observation, may suspend detect any malpractice in the said courts, in any counsel or attorney of or vacate li- those courts; or if complaint in writing be made to them of such malmalpractice. practice in the said courts, or in the county courts of any county, the party accused shall be summoned to show cause why an information After infor should not be filed against him: and if such information should be mation filed, ordered, and the counsel or attorney so offending should be found guilty of the matter therein charged, the said judges of the superior courts may either suspend his license during a certain time, or vacate and jury em- it altogether, as they shall judge most proper; first ordering a jury to be empannelled for the trial of such information. And the judges of Liability of the superior and justices of the county courts, shall have power to fine attorneys for any attorney for misbehavior or contempt offered to them, and may contempt, cause any attorney practising in said courts, to find security for his good behavior. pannelled. &C. Attorneys liable for ne glect. Proceedings against at. § 4. If any suit shall be dismissed for the non-attendance or neglect of any attorney, practising either in the superior or county courts, not having a just and reasonable excuse, it shall be at his cost. And he shall moreover be liable for all damages his client may sustain, by such dismission, or any other neglect of his duty, to be recovered in any court of record. § 5. Every attorney receiving money for his client, and refusing to torney who pay the same when demanded, shall be proceeded against in a sumrefuses to mary way, on notice before any court of record, in the same manner ney received, as sheriff's are, or may be liable to be proceeded against, for money received on executions. pay over mo or fails to enter an appearance. Only two can argue on one side. Penalty for acting under before action § 6. In all cases where the sheriff is, or may be authorized by law, to take the engagement of an attorney endorsed upon the writ, that he, such attorney, will appear for the defendant or defendants, every attorney thus entering into such engagement, who shall fail to enter an appearance agreeably thereto, shall forfeit to the defendant or defendants twenty-five dollars; for which judgment shall be immediately entered, and execution issued thereon. 7. The judges of the superior courts, and the justices of the county courts, shall not suffer more than two attorneys to argue on any side, in any suit. 8. If any attorney, or other person practising as an attorney, shall power of at presume to appear under any power of attorney, made before action torney made brought, for confessing or suffering judgment to pass by default or brought. otherwise, for any defendant in any court of record within this territory, he shall for every such offence, forfeit and pay two thousand dollars to such defendant, for his or her own use; to be recovered with costs by action of debt or information, in any court of record; and moreover shall be liable to an action for damages, at the suit of the party aggrieved. Certain civil § 9. No justice of the peace, sheriff, or under sheriff, or clerk of to appear as any court, shall appear or plead as attorney for any person or persons officers not attorneys. 1 Attorneys are also required to take an oath against duelling.-See "Duel whatsoever, in the court of the county whereof he is a member, officer, or clerk; except only as general attorney for any person or persons not residing or being within this territory, under penalty of being fined by such court, in the sum of fifty dollars for every such offence, to the use of the same county, towards lessening the levy thereof. Sec. 1. grant li § 10. Hereafter no person shall be permitted by any court to prac- 1819—(7) tise therein as counsellor or attorney at law, unless he shall have ob- Supreme tained a license from the supreme court of this state;1 and it shall court to be the duty of the said court, when application shall be made by any censes. person for a license as aforesaid, on his producing satisfactory evidence that he sustains a good moral character, to examine or cause to be examined, in open court, the person so applying; and if, after such examination, it be the opinion of said court that he is duly qualified, it shall be the duty of the judges thereof to grant a license under their hands and seals, which shall be attested by the clerk of said court: Provided, That nothing in this act contained shall be so construed, Proviso. as to affect any person who may have obtained a license from the governor of the Mississippi Territory, previous to the division of the same, and was an inhabitant of this state at the time of the adoption of the constitution; or from the governor of the Alabama Territory, or of this state; but such person shall be permitted to practise as counsellor or attorney at law, in any court of law or equity within this state, by virtue of such license. Officers of court re § 11. No judge or justice of any court, or sheriff, or under sheriff, Ib. Sec. 3. shall appear or plead as attorney in any court in this state; and no clerk or deputy clerk of any court, shall practise as counsellor or at- strained from practistorney in the court of which he is clerk or deputy clerk, under the ing as attorpenalty of being fined by such court, in the sum of fifty dollars for neys. every such offence, to be applied to the use of the county in which the offence shall have been committed. Persons who ed as judges to be licensed without examination. 12. When any person shall make application for a license to 1820 (1) practise, and it shall be known to the judges of the supreme court, Sec. 1. that he has presided as a circuit judge in this state, or the Mississippi have presid Territory, it shall be the duty of the said court to grant him a license without examination. 13. Any two judges of the circuit courts in this state, may grant 1821-(3) licenses to attorneys to practise in the circuit or county courts. § 14. Any judge or justice of the county court, who has been regu- of circuit larly licensed to practise law in this state, shall be allowed to practise in the circuit court of the county in which he resides: Provided, censes. That he shall not be engaged directly or indirectly in any cause which Sec. 4. may have been determined or tried before him. Sec. 1. court may grant li 1821-(6) Judge of county court 15. Such judges of the county courts as have been licensed to may practice practise as attorneys at law in this state, are hereby authorized to in circuit practise law in the several courts of this state: Provided, That they shall not be absent at the time of holding any court, or on any return day, required by law for them to hold or appoint. court of his And in the courts of this state. 16. It shall not be lawful for the judges of the several county several courts of this state, to appear or practise as attorneys at law, in any suit, for or against any administrator, executor, or guardian of the Proviso. county whereof he is judge, nor shall he appear or practise as an 1823-(25) attorney in any cause, matter, or suit, for or against any public officer Judge of in his official capacity, wherein it is the duty of such judge to take a not to prac bond for the faithful performance of such office, trust, or duty. 1 So much of this section as restricts the power of granting licenses to the supreme court, is repealed.—See § 13. Sec. 1, county court tise where administrator, &c. is concerned. 1830-(4) Preamble. Sec. 1. in Florida in this state on certain conditions. Whereas the governor and legislative council of the Territory of § 17. Be it enacted, &c. That any counsellor or attorney at law residing within the Territory of Florida, is hereby authorized to pracmay practise tise law in the several courts of this state, upon producing to the court in which he may be desirous to practise, the certificate of some judge of a superior court of Florida, that he is legally authorized to practise in the courts of that Territory as counsellor or attorney, and that he sustains a fair and reputable character as such: Provided, he shall take and subscribe the several oaths prescribed by the laws of this state to be taken and subscribed by the counsellors and attorneys residing within this state. Con. Ala. Sec. 18. ATTORNEY GENERAL AND SOLICITORS. § 1. There shall be an attorney general for the state, and as many solicitors as the general assembly may deem necessary, to be elected Elected by by a joint vote thereof, who shall hold their offices for the term of four years, and shall receive for their services a compensation, which shall not be diminished during their continuance in office. general assembly. 1819-(9) Sec 1. Attorney ge dence and duties. § 2. It shall be the duty of the attorney general to keep his office at the place designated for the seat of the state government, and to neral's resi conduct and prosecute in the supreme court, all suits in which the state may be concerned, and to give his opinion and advice in writing, or otherwise, on any question of law, when required by the governor, or when requested by the comptroller of public accounts, or the state treasurer, concerning matters which relate to their respective offices; and he shall also perform the duties of solicitor in the judicial circuit, embracing the place designated for the seat of the state government, and shall receive in addition to the salary established by law, the fees for prosecutions in such circuit, and in the supreme court, which are allowed to solicitors for the like services. Emoluments. § 3. There shall be elected a solicitor for each judicial circuit in this state, (except the judicial circuit assigned to the attorney general) whose duty it shall be to prosecute in such circuit, all offenders against the state, and all civil actions in which the state may be concerned, (except before the supreme court) and who shall be entitled to receive, in addition to the salary established by law, the following fees-On every conviction for any felony, (except murder) ten dollars; on every conviction for petit larceny, ten dollars; on every conviction for unlawful gaming, or for unlawfully permitting the same,1 or for unlawfully keeping a billiard-table, twenty dollars; on every conviction for perjury, twenty dollars; on every conviction for forgery, counterfeiting coin or any bank note, or for feloniously uttering or offering any counterfeit coin, bank note, writing obligatory, or other instrument of writing, or forwarding or assisting in any of said offences, twenty dollars; on every conviction for maim, or for an assault, with intent to commit murder, rape, or robbery, fifty dollars; on every conviction for an assault and battery, or affray, five dollars; on every other conviction, on indictment or presentment, five The attorney-general and solicitors are allowed on convictions for gaming, under the act of 1828, double the fees given by this act-See "Gaming,”§ 22. dollars; and for every exhibition of a faro-bank, or any other kind of gaming, fifty dollars; for every person who knowingly suffers unlawful gaming in his house, fifty dollars. And it shall be the duty of the clerk to tax the fees aforesaid, in the bill of costs, which, when collected, shall be paid to the solicitor. Attorney ge to attend, § 4. If the attorney general, or any solicitor shall fail to attend at Ib. Sec. 3. either of the courts when it may be his duty to attend, the judge or neral or solijudges of the same are hereby authorized, from time to time, as he citor failing or they may think fit, to employ an attorney to prosecute for the state, the court who shall be paid by the attorney general or solicitor in whose stead may appoint he may act, such compensation as shall be directed by the court before to prosecute. whom the services shall be rendered. an attorney Compensation there § 5. It shall be the duty of the several solicitors in this state, to for. reside within the judicial circuits for which they may have been sec. 1. elected. 1827-(30) Solicitors to reside in Ib. Sec. 2. office vacat § 6. If any solicitor fail to remove into and reside in his circuit, as their ciraforesaid, he shall vacate his said office, and it shall be the duty of cuits. the judge risiding in the circuit for which such solicitor has been On failure, elected, to notify the governor of such non-residence, who shall forth-ed, and to be with fill such vacancy: Provided, That twelve months be allowed filled by the any solicitor residing out of the circuit in which he holds his office, to Proviso. remove into the same. governor. AUCTIONEERS. Sec. 2. the trade of § 1. No person shall exercise the trade or business of an auctioneer, 1818—(16) by the selling of any goods, wares, or merchandise whatsoever, by Penalty for auction, or any other mode of sale, whereby the best or highest bid- exercising der is deemed to be the purchaser, unless such person shall have a auctioneer license, issued pursuant to the directions of this act, on pain of for- unlawfully. feiting for every such sale at auction, the sum of twenty dollars, together with the sums or duties payable by this act upon the goods, wares, and merchandise, so sold: Provided however, That nothing herein contained shall be construed to require a license for the sale at auction of any estate, goods, chattels, or other thing, which by this act are not made liable to duty, or exempted from duty. Number of in Mobile, §2. The number of auctioneers hereafter to be appointed and 1924 (26) licensed for the city of Mobile, shall not exceed six, and for each of Sec. 1. the other counties in this state, the number shall not exceed three, auctioneers except Madison county, in which the number may be six, who shall and Madison be appointed and licensed in the same manner, shall hold their six :-other ap- counties pointments for the same period, and be subject to the same restrictions three. and obligations as are provided by the act concerning the appointment of public officers, passed December twentieth, 1820, and the act regulating sales at auction, passed November twenty-first, 1818.3 3. Every auctioneer hereafter to be appointed and licensed for 1b. Sec. 2. said city, shall give bond with good and sufficient securities, in the To give bond. penal sum of ten thousand dollars, and for each of the other counties in this state, in the penal sum of two thousand dollars, to be approved For the mode of appointing auctioneers, and their term of office, see "County Officers,"-§ 3, 4, 7, and 8. * See "County Officers,"-1820—(26). 3 The act from which the preceding section is taken, and which concludes this title. bond. of by the judge of the county court of the county, in which the license or licenses shall be granted, made payable to the governor for the time being, and his successors in office, to be filed in the office of the Condition of comptroller of public accounts, conditioned, that he will render quarter yearly, in the city of Mobile, that is to say, on the first Mondays of January, April, July, and October of each year, during the term of his appointment, and in the other counties in this state, at the times required by the law relating to sales at auction, passed in eighteen hundred and eighteen,1 to the assessor and collector of the county in which he may be appointed, an accurate and particular account, in writing and on oath, of all sales of goods, wares, and merchandise, subject to auction duties, made by him during the three months immediately preceding the date thereof; and that he will thereupon immediately pay over to the said assessor and collector of taxes, the amount of duties accruing upon such sales. Ib. Sec. 3. failing to make returns § 4. If any such auctioneer shall fail to make the returns or the payPenalty for ments hereby required to be made, in the manner and at the periods respectively therein prescribed, he shall in addition to the penalty or payments. contained in his official bond, forfeit for every such failure, the sum of five hundred dollars, to be levied and collected in the manner hereinafter provided for. Ib. Sec. 4. Mode of collecting duties in arrear and forfeit ures. 1818 (16) Sec. 4. Duties to be paid to tax § 5. The duties in arrear on sales at auction, and all forfeitures accruing under this act, may be collected in the manner provided by law for the collection of the state and county taxes; and the assessor and collector of taxes, for the county in which he may be appointed, shall receive the same rates of compensation on all collections of auction duties, as he is entitled to receive on the collection of the state and county taxes. § 6. The accounts to be rendered, and the duties to be from time to time paid as aforesaid, by any auctioneer, shall be rendered and paid to the tax-collector of that county in which such sales shall have collector, and been made, and every auctioneer shall make oath or affirmation, acbe rendered cording to the best of his knowledge and belief, to the truth of every account which he shall render before the officer to whom such account account to on oath. 1 The act of 1818, here referred to, recites the condition of the bond required to be given by auctioneers, as follows :-"Conditioned that he will, on the first day of January and July, in each year, while he shall continue to exercise the said trade or business, render to the person or persons who, under this act, shall be authorized to receive the same, a true and particular account in writing, of the moneys or sums for which any goods, wares and merchandise, made liable to duty by this act, have been sold at every sale at auction by him made, and of the several articles, lots, and parcels, which shall have been sold, the price of each article, lot, or parcel, in every such sale, by whom bought, that is to say: first, from the date of such bond until such of the aforesaid days as shall accrue next thereafter; and thenceforth from the day to which an account shall have been last rendered, until such of the said days as shall next thereafter ensue; and so on in succession, from one of the said days to another, so long as he shall continue to exercise his said trade or business; and also, shall pay over all such sums of money as may arise upon said sales, in manner as shall be hereinafter provided, which sums he is hereby authorized and directed to retain out of the produce of each sale made as aforesaid." An act passed January 26th 1829, entitled "An act the better to secure the collection of the state revenue," requires all auctioneers without distinction, to render an annual statement to the comptroller of public accounts, by the second Monday in December, of all sales subject to auction duties, made between the first day of November immediately preceding, and the first day of November of the year previous. (See "Taxes,"§ 67). So much, therefore, of the acts of 1818, and 1824, as recites the duty of making a quarterly or semiannual return, among the conditions of the auctioneer's bond, is impliedly repealed. |