agree to receive from any attorney at law, firm or partnership of attorneys, compensation for services in seeking out, procuring, or placing in the hands of an attorney, firm, or partnership of attorneys, a demand of any kind for suit or compromise, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and in addition may be punished by imprisonment in the county jail or by hard labor for the county for a term not exceeding six months, at the discretion of the court trying the case. 6314. (5127) (3941) (4143) (879) (745) Attorney appearing without authority.-Any attorney appearing for a person without being employed must, on conviction, be fined not less than five hundred dollars, and shall be incompetent to practice in any court of this state. 6315. (5128) (3942) (4144) Attorney practicing in court of which he is clerk or employe.-Any person, who practices law in any court in which he is clerk, deputy clerk, or regularly employed to perform any of the ministerial duties thereof, must, on conviction, be fined not less than one hundred dollars. (Mar. 7, 1876, p. 286.) 6316. (5129) (3943) Certain ministerial officers prohibited from practicing law. Any sheriff, coroner, or deputy thereof, or constable, who practices law in any court of this state, must, on conviction, be fined not less than one hundred dollars. 6317. (5130) (3944) Practicing law by register in chancery, or his partner; when prohibited. Any register in chancery who practices law in the court of which he is register, or any partner of such register, who practices in such court, must, on conviction, be fined not less than one hundred nor more than five hundred dollars; and this section shall be given in special charge to the grand jury. (Feb. 14, 1885, p. 119.) 6318. (5131) (3945) (4179) (636) Judges not to practice law. Any judge of a court of record in this state, who practices law in any of the courts of this state, or of the United States, must, on conviction, be fined in such sum as the jury may assess. (Feb. 16, 1867, p. 546.) 1896. 6319. Partner of solicitor prohibited from defending in Act Dec. 3, certain cases. Any attorney at law who is the law partner of any circuit, city, or county solicitor in this state, who defends a criminal case of any kind, character, or description. in any court in this state in which such solicitor is the prosecuting officer, shall be guilty of a misdemeanor, and upon Aug. 7, 1907, p. 580. §§ 1 and 2. (w.c.c.) conviction shall be fined not less than one hundred nor more than five hundred dollars. And this section shall be given in special charge to the grand jury. - 6320. Justices and mayors practicing as attorneys in their own court prohibited. Any person who holds the office of justice of the peace, or notary public ex officio justice of the peace, or mayor of a municipality, or any other officer who has the power or authority to take complaints and issue warrants of arrest, and who acts as an attorney in any such case in which he took the complaint or issued the warrant, or heard the examination or tried the case in any court on preliminary examination or appeal or trial before a jury, must on conviction be fined not less than fifty nor more than five hundred dollars. 6321. Municipal officers acting as attorney for public utility corporation prohibited. Any officer, alderman, or councilman of any municipality in this state who shall act as the attorney for any public utility corporation doing business or exercising its franchises in the corporate limits of the municipality, must, on conviction, be fined not less than one hundred nor more than five hundred dollars, and may also be sentenced to hard labor for not less than one nor more than three months. CROSS REFERENCES. ATTORNEYS AT LAW (Civil Code) ATTORNEYS AT LAW, AND THE PRACTICE OF LAW; CRIMINAL PROVISIONS AS TO (Criminal Code) ATTORNMENT (Civil Code) 2972-3011 6312-6321 .3365, 5747 1903, p. 497, § 1. 6322. To regulate the operation of automobiles, etc.-It Oct. 9, shall be unlawful for any person to run, operate, or drive any automobile, locomobile, or other motor vehicle of like kind on the public roads and highways of this state without first registering same as provided in chapter 58 of this Code and without complying with the provisions of this chapter. 6323. What speed prohibited at certain times and places. Ib., § 3. No automobile, locomobile, or motor vehicle propelled by steam, gasoline, or electricity or other source of energy shall pass a person driving a horse or other domestic animal, or foot passengers walking in the roadway of the highway, at a greater rate of speed than eight miles per hour, nor pass a public school, in school days when school is held between the hours of eight o'clock ante meridian and four o'clock post meridian, or pass a building of public worship on the Sabbath day during the usual hours of service, at a greater rate of speed than eight miles per hour, or cross a dam or causeway where the traveled portion of the roadbed is less than twenty feet wide, at a greater rate of speed than four miles per hour. 6324. Speed limit.-No person shall run, operate, or drive Ib., § 4. an automobile, locomobile, or motor vehicle of any kind on any public road or highway of this state at a greater rate of speed than eight miles an hour. 6325. Equipment required.-It shall be unlawful for any Iь., $5. person to run, operate, or drive any automobile, locomobile, or motor vehicle of like kind upon the public roads and highways of this state unless the same be equipped with suitable and efficient appliances to lessen noxious odors, diminish noise, and bring such vehicle to a quick stop. 6326. Regulation as to horses, etc.-Every person driving Ib., 6. an automobile, locomobile, or motor vehicle, shall at request or signal by putting up the hand, from a person riding or driving a restive horse or horses, or driving domestic animals, cause such vehicle to stop and remain stationary, and upon Oct. 9, 1903, p. request, shall cause the engine of such vehicle to cease running, so long as may be necessary to allow said horse or domestic animals to pass. 6327. Penalty for violating five preceding sections.—Any 197, $7. person violating any of the five preceding sections, or failing to comply with the requirements thereof, shall be guilty of a misdemeanor and on conviction shall be punished for the first offense by a fine of not less than twenty nor more than one hundred dollars, and on any subsequent conviction, shall be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months. ARTICLE 2. ARTICLE 3. DEFINITIONS. 6328, 6329. WHO MAY ADMIT TO, AND TAKE BAIL; PROCEEDINGS ON APPLICA- 6330-6336. ARTICLE 4. FORM, QUALIFICATIONS, AND RETURN OF BAIL. 6341-6348. 6328. (4348) (4406) (4840) (4232) (681) Admission to bail defined.-Admission to bail is the order of a competent court, magistrate, or officer, that the defendant be discharged from actual custody on bail. For origin and history of this chapter, see Toulmin's Digest, pp. 219–223. Bail fixed by committing magistrate no bar to further arrest for same offense, Who May Admit to, and Take Bail; Proceedings on Application, Etc. nor is it available for accused after indictment.-Robinson's case, 108 Ala. 161 (18 So. 729), overruling Skelton's case, 104 Ala. 98 (16 So. 74). 6329. (4349) (4407) (4841) (4233) (682) Taking of bail defined. The taking of bail consists in the acceptance by a competent court, magistrate, or officer, of sufficient bail for the appearance of the defendant according to the legal effect of his undertaking, or for the payment to the state of a certain specified sum if he does not appear. Bail signifies a guardian or keeper; the bailee may keep a person committed for their indemnity or if he be at large, they may reseize him and bring him before justice for new bail or commit him to prison.-Hammons v. State, 59 Ala. 164. Purpose of bail is to restrain as little as possible the liberty of the citizen, consistent with his retention, until guilt or innocence is ascertained.-Dunkin v. Hodge, 46 Ala. 523. But it is against the duty of the citizen to make bail in order that a person accused may escape; punishment cannot and should not be commuted by payment of money.-Dunkin v. Hodge, 46 Ala. 523. When not taken in open court, the undertaking of bail must be in writing, signed by defendant and two sureties.-Ozley v. State, 59 Ala. 94. Failure of magistrate of court to indorse the word "approved" does not destroy its validity.-Ozley v. State, 59 Ala. 94. As to form of undertaking of bail, see Ozley v. State, 59 Ala. 94. Where bail is fixed on preliminary hearing, defendant not entitled to it after indictment found; one preliminary no bar to the second.-Ex parte Robinson, 108 Ala. 161 (18 So. 729), overruling State v. Skelton, 104 Ala. 98 (16 So. 74). In absence of statute authorizing it, an officer cannot delegate his power to admit to bail.Butler v. Foster, 14 Ala. 323; Antonez's case, 26 Ala. 81. Nor can he receive or authorize a sum of money as substitute for bail.-Butler v. Foster, 14 Ala. 323. ARTICLE 2. WHO MAY ADMIT TO, AND TAKE BAIL; PROCEEDINGS ON APPLICATION, AND REVISION BY SUPREME COURT. 6330-6336. 6330. (4350) (4408) (4830) (4157) (605) Discharge on bail by sheriff or deputy for misdemeanor; minimum bail fifty dollars. If the offense charged in the indictment is a misdemeanor, the defendant must be discharged by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no case be less than fifty dollars. In case of misdemeandor, bail is a matter of right and sheriff has no discretion if sufficient bail offered.-Hammon's case, 59 Ala. 164; Jones's case, 63 Ala. 161; Callahan's case, 69 Ala. 65; Taylor v. Smith, 104 Ala. 537 (16 So. 629). Sheriff refusing to take sufficient bail liable on his bond in damages to the defendant.-Taylor v. Smith, 104 Ala. 537 (16 So. 629). |