Gambar halaman


shall be sum


attorney, disprove or avoid the debt recovered by the plaintiff against him, or shall discharge the same with costs, that then the plaintiff shall restore to the defendant the goods or effects, or the value thereof, by the plaintiff attached and condemned, or so much thereof as shall be disproved or discharged, or else they will do it for him; which bond shall be taken and approved by the officer required to make the sale, and by him deposited with the other papers in the

cause. Plaintiff'may $ 17. The attachment law of this state shall not be rigidly and amendedem strictly construed ; and in all suits commenced by original attachment,

the plaintiff, before or during the trial, shall be permitted to amend any defects of form in the original papers, should the judge or justice be satisfied that such defects were not made for the purpose of defraud

ing the defendant in such suit. Who defend 18. The person whose goods or effects are attached, shall be callant, and who ed the defendant in the attachment, and the person in whose posses

sion they are attached, shall be called the garnishee. Garnishee § 19. When any officer shall serve an attachment in the hands of

"any person supposed to be indebted to, or supposed to have any of moned.

the effects of the defendant, he shall at the same time, summon such person as a garnishee in writing, to appear at the court, or before the justice where the attachment is returnable, within the first four days of the first term of the court, if returnable to court, or at the time of

the return of the attachment, if returnable before a justice of the peace, Shall an.

there to answer upon oath, what he or she is indebted to the defendant, and what effects of the defendant he or she has in his or her hands, and had at the time of serving the attachment, and what effects or debts of the defendant, there are in the hands of any other, and what person, to his or her knowledge or belief: And it shall be law. ful upon his or her appearance and examination, to enter up judgment and award execution against any such garnishee for all sums of money acknowledged to be due to the defendant, from hini or her; and for all effects and estate of any kind, belonging to the defendant, in his or her possession or custody, for the use of the plaintiff, or so much thereof as may be sufficient to satisfy the debt and costs, and all charges incident to levying the same; and all goods and effects whatsoever in the hands of any garnishee, belonging to any defendant, shall be liable to satisfy the plaintiff's judgment, and shall be deliver

ed to the officer serving the attachment. Proceedings 20. Where any garnishee shall be returned by the officer, sumagainst gar

or moned in manner aforesaid, and shall fail to appear and discover on contempt. oath as by this act is directed, it shall be lawful for the court, and it

is required after calling the garnishee, to enter a conditional judgment against him, upon which a scire facias shall issue against such garnishee, returnable to the next term of the court, to show cause why

final judgment should not be entered against him: And upon such Judgment scire facias being duly executed and returned, if such garnishee shall nisi and sci.

fail to appear according to the mandate thereof, and discover on oath in manner aforesaid, the court shall confirm such judgment, and award

execution for the plaintiff's whole judgment and costs. Proceedings $21. When the attachment is returnable before a justice of the 08. garnisbee

stice peace, the garnishee shall be required to appear at the return of the of the peace. attachment, and answer upon oath, as in the foregoing section : and in

case any garnishee so summoned shall fail to appear and answer as above required, the justice shall enter judgment by default against such garnishee; and if the garnishee appear and answer within ten days, said judgment shall be set aside, and such judgment entered as

nishees for

[ocr errors]

the justice of the case requires ; but if the garnishee fail to appear within ten days after judgment by default, the justice shall issue a second summons, commanding the garnishee to appear at a time certain ; and if the garnishee fail to appear at said time, final judgment shall be entered against him, for the amount of the plantiff's demand, and costs of suit, upon which execution shall issue.

$ 22. In all cases when any garnishee may have in his possession Garnishee any property belonging to the defendent, or be indebted to him in any chaydin

charge himspecific property, he shall be at liberty at any time within twenty self by deliv.

ering the prodays after final judgment entered against him as garnishee, to deliver per

erty in 20 the same to the officer serving the attachment, or holding the execu- days after

final judg tion, in discharge of himself, and the same shall be sold to satisfy the ment." judgment against the defendant. And it shall be the duty of the proper officer, to demand the property deposed to be due from, or in the possession of any garnishee, at the usual place of residence of such garnishee, within a reasonable time after the final judgment rendered.

$ 23. If, upon the examination of any garnishee, it shall appear If on exami. that there is any of the defendant's estate in the hands of any other nation of person who has not been summoned, or that any other person is in any other ap. debted to the defendant, the court or justice shall, upon motion of the property, or plaintiff, grant a judicial attachment, to be levied in the hands of such be indebted,

he shall be person or persons, so holding property of, or indebted to the defend- summoned. ant, who shall appear and answer, and be liable as other garnishees.

24. The defendant may, in all cases, show by competent testi- Defendant mony, that a garnishee is indebted to him in a greater amount than he may contest

garnishee's is willing to admit on oath.

answer. $ 25. The plaintiff wishing to controvert the garnishee's answer, Plaintiffmay may do so by making oath, that he believes the same to be incorrect; whereupon, an issue shall be formed and tried as in other cases.

26. Every garnishee shall be allowed out of the effects attached, Allowance to reasonable satisfaction for his attendance; and where no goods are gar

garnishees. attached, the same shall be taxed against the party causing such garnishee to be summoned.

6 27. All laws heretofore passed on the subject of attachments, ex- Repeal of forcept such as relate to the powers of courts over defaulting suitors and mer laws. officers, and in enforcing their orders, judgments, and decrees, are hereby repealed.

contest an. swer.


$1. No person shall be permitted to practise as counsel or attorney 1807—(4)

Attorneys to at law, in any of the courts of this territory, without previously pro- be licensed ducing to the court a license; and in the presence of such court and sworn. shall take an oath to support the constitution of the United States, and also the following oath of office :-“I, A. B. do solemnly swear Oath of of(or affirm), that I will honestly demean myself in the practice as coun-fice. sel or attorney; and will, in all respects, execute my office according to the best of my knowledge and abilities.” And if any person shall presume to practise as counsel or attorney, without being licensed and qualified as aforesaid, he shall forfeit the sum of two hundred dollars for every cause he shall prosecute or defend, in any court in this territory, one-half to the use of the informer, and the other half to the




use of the territory; to be recovered by action of debt in any court of

record.2 Convicted $2. Every person that hath already been, or shall hereafter be conadmitted to victed of any felonious crime, shall be incapable of obtaining such

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. 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

cate li those courts; or if complaint in writing be made to them of such malcense for malpractice. 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 Aller 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 condement for any attorney for misbehavior or contempt offered to them, and may &c.

cause any attorney practising in said courts, to find security for his

good behavior. Attorneys § 4. If any suit shall be dismissed for the non-attendance or neglect liable for ne

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. Proceedings 55. Every attorney receiving money for his client, and refusing to against at

stato pay the same when demanded, shall be proceeded against in a sumtorney who refuses to mary way, on notice before any court of record, in the same manner pay over mo

ived, as sheriffs are, or may be liable to be proceeded against, for money

received on executions. or fails to en. 6. In all cases where the sheriff is, or may be authorized by law, ter an ap

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. Only twocan $7. The judges of the superior courts, and the justices of the county argue on one side.

he courts, shall not suffer more than two attorneys to argue on any side,

in any suit. Penalty for $8. If any attorney, or other person practising as an attorney, shall acting under

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 terri

tory, 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 officers not to appear as any court, shall appear or plead as attorney for any person or persons attorneys.

1 Attorneys are also required to take an oath against duelling...See “Duelling."

ney received


power of at

before action

Sec. 1.

grant li.

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.

$ 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 inoral 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 quali. fied, 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.

$ 11. No judge or justice of any court, or sheriff, or under sheriff, 16. Sec. 3. shall appear or plead as attorney in any court in this state; and no Officers of 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 attor penalty 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.

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, Se

Persons who that he has presided as a circuit judge in this state, or the Mississippi have presidTerritory, it shall be the duty of the said court to grant him a license to be lic without examination.

without exa $ 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.

Two judges $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 court may in the circuit court of the county in which he resides : Provided, censes,

1821-(6) That he shall not be engaged directly or indirectly in any cause which Sec. a. may have been deterinined or tried before him.

Judge of $ 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 increen practise law in the several courts of this state : Provided, That they own county. shall not be absent at the time of holding any court, or on any return to day, required by law for them to hold or appoint.

Sec. 1. $ 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 courts of this suit, for or against any administrator, executor, or guardian of the Proviso.

On an 1823—(25) county whereof he is judge, nor shall he appear or practise as an ez 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 praca

county court bond for the faithful performance of such office, trust, or duty.,

tise where administra tor, &c. is

concerned. 1 So much of this section as restricts the power of granting licenses to the sopreme court, is repealed.-See 9 13.

ed as judges


[ocr errors]



[ocr errors]
[ocr errors]

Sec. 1.

i Thai

1839—(4) Whereas the governor and legislative council of the Territory of

Florida have, by their act, authorized counsellors and attorneys at law residing within this state, to practise law in the courts of that Territory under certain restrictions :

17. Be it enacted, &c. That any counsellor or attorney at law orida 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 conditions. 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.

in this state on certain


[ocr errors]

dence and

Con. Ala. 1. There shall be an attorney general for the state, and as many Art. 5.

solicitors as the general assembly may deem necessary, to be elected Sec. 18. Elected by by a joint vote thereof, who shall hold their offices for the term of general assembly.

four years, and shall receive for their services a compensation, which

shall not be diminished during their continuance in office. 1819–(9) § 2. It shall be the duty of the attorney general to keep his office

cinev m. 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 duties.

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, Emolu and shall receive in addition to the salary established by law, the fees ments.

for prosecutions in such circuit, and in the supreme court, which are

allowed to solicitors for the like services. 1. Sec. 2: $ 3. There shall be elected a solicitor for each judicial circuit in this Their num. state, (except the judicial circuit assigned to the attorney general) ber and du

whose duty it shall be to prosecute in such circuit, all offenders ties.

against the state, and all civil actions in which the state may be con

cerned, (except before the supreme court) and who shall be entitled Emolu 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,' 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


1 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.

« SebelumnyaLanjutkan »