ATTORNEYS.-1806, 1829. An Act for the better regulating the admission of Attorneys to plead and practice in the several Courts of Law and Equity, within this State.-Passed Dec. 8, 1806. Vol. II. 331. how admit 1. Sec. I. From and after the passing of this act, all, and every Attorneys, person, or persons whatsoever, who are citizens of this State, may, on ted. application to the judge of the Superior Court, be admitted to practice as an attorney: Provided, such person shall produce satisfactory evidence of his moral rectitude, and shall undergo an examination in open court, upon a day assigned for that purpose, by the judge; any law, usage, or custom, to the contrary notwithstanding. probationary 2. Sec. II. The rule of court relative to the admission of attorneys, No stated which requires the applicant to study any particular length of time in period of the office of any judge or practitioner of law, be, and the same is, study neceshereby declared to be abrogated and void. An Act to authorize certain persons therein described to plead and practise in the Courts of Law and Equity in this State, on the terms therein mentioned.-Passed Dec. 20, 1823. Vol. IV. 316. 3. sary. South Caro tice law in conditions. When any application for admission to plead and practice in Persons from the courts of law and equity in this State, shall be made by any per- lina authorson who shall produce to the court in which such application shall ized to pracbe made the certificate of a judge of the Court of Common Pleas, or this State judge of the Court of Equity of the State of South Carolina, duly at- upon certain tested under the seal of either of the said courts, stating in substance that such person has practised for three years immediately preceding in the county courts of the said State as an attorney and solicitor, and has maintained a good moral and professional reputation, he shall be forthwith admitted to plead and practice as an attorney and solicitor in the courts of law and equity in the State of Georgia, without a compliance of any form or requisite, except only the payment of the usual fees and taking the usual oath; Provided always, that this act Proviso. shall not go into operation until an act similar in its provisions shall have been passed by the Legislature of the State of South Carolina. An Act to provide for the admission of Attorneys and Solicitors from adjoining States and Territories to plead and practise law in this State.-Passed Dec. 19, 1829. Vol. IV. 228. and Solicitors from States and territories how admitted to plead and 4. Sec. I. From and after the passage of this act, it shall and may Attorneys be lawful for any judge of the Superior Courts in this State, in term time of any of said Superior Courts, upon application being made and adjoining filed in writing, to cause a license to be issued by the clerk of said court to any attorney or solicitor from any of the adjoining States or territories, to plead and practise in any of the courts of law and equity practice law, in this State, as fully as if such applicant were a citizen of Georgia; State. Provided, said applicant shall, before the granting of such license, produce to the judge aforesaid a certificate from some one of the judges &c. in this Clerk's fee license. of the superior, circuit or district courts of the State or territory of which he is a citizen, under the seal of said court, stating that he is of good moral character, and that he has been regularly admitted to plead and practise law in such State or territory, and is at the date of such certificate a practising attorney of such State or territory. 5. Sec. II. The clerk of the Superior Court who issues such for issuing license shall be entitled to and receive the same fee therefor, to be paid by said applicant, as is usually paid by persons admitted who are citizens of this State. Repealing clause. Professional contracts performed. 6. Sec. III. All laws or parts of laws militating against this act, are hereby repealed. An Act to make null and void all contracts made and entered into, in writing or otherwise, between party or parties plaintiff or defendant, and attorney or attorneys at law, where the attorneys shall fail or neglect to attend to the suit or suits, which he or they contracted to do, in person, or by some competent attorney, until the rendition of a judgment.-Passed Dec. 26, 1831. Pam. 139. 7. Sec. I. From and after the passage of this act, all contracts void if the made and entered into between party or parties plaintiff or defendant, service is not and attorney or attorneys at law, in writing or otherwise, shall be held and deemed null and void, whenever the said attorney or attorneys, shall fail to attend in person, or by some competent attorney, to the suit or suits which he or they contracted to do until the rendition of a judgment. Transferring -penalty of double the amount. 8. Sec. II. If any attorney or attorneys at law, as aforesaid, shall the note, &c. transfer any note, or notes, obligation or obligations, in writing, taken or received for his or their services as attorney or attorneys as aforesaid, and shall fail to attend to the suit or suits, in person or by some other competent attorney, until the rendition of a judgment, he or they shall forfeit and pay to the person or persons, whom the same was taken from, double the amount so transferred, recoverable in any court having jurisdiction of the same. Any Attor bama of good practice in the courts of Georgia. An Act to permit Attorneys of the State of Alabama to plead and practise in the several Courts of law and equity in this State.Passed Dec. 23, 1835. Pam. 29. 9. Sec. I. From and after the passage of this act, it shall and may ney of Ala- be lawful for any judge of the Superior Courts of this State, upon apstanding may plication made by any licensed Attorney of the State of Alabama, either in term time or in vacation, to cause a license to be issued by any of the clerks of the Superior Courts, authorizing said Attorney to plead and practise in the several Courts of law and equity in this State; Provided, the Attorney making such application shall produce before said Judge of the Superior Court, to whom he applies for admission as aforesaid, his license to plead and practise in the Courts of Alabama, and a certificate of his good moral character, signed by some Judge of the Courts of said State, and pays to the clerk issuing the license the sum of five dollars for the same. Sec. II. Repeals all conflicting laws. AUCTIONS.-1794, 1819. An Act for the better regulating of Vendues within this State.-Passed Sec. I. [Relates to the appointment of Vendue Masters in Savannah, Augusta, Sunbury and St. Marys.-Superseded except as to Sunbury by Act of 1819, Sec. 1 and 2.1 1. Sec. II. The said vendue masters and no others, shall from and Powers and after the passing of this act, have full power and authority to set up due masters. duty of venand expose to sale by public outcry and vendue, all and any houses, lands, ships and vessels, goods and wares, and merchandise and property whatsoever, rendering and paying to the State treasurer for the use of the State, one per centum of the gross amount of the sale so by him or them made as aforesaid. not sell out 2. Sec. V. No vendue shall be held by any vendue master in the They shall district of any other vendue master, and that their fees or recompense of their disfor selling at public vendue, collecting the money, and paying over the tricts. same without loss or waste shall be as follows: for houses, lands, ne- Their compensation. groes, ships, sloops, schooners and other vessels, two and a half per centum, and for all other goods and property whatsoever five per centum. ered of them. 3. Sec. VI. If any vendue master shall neglect or refuse to pay Moneys how over the moneys arising from the sales of any houses, lands, goods, to be recovwares, merchandise or other property sold as aforesaid, either at private sale, or public auction, to the owner of the same, or his or her legal representatives, within a reasonable time after demand made, and after the sale of the property aforesaid, all such debts due by such vendue master shall be considered as coming under, and may be sued for and recovered from them or their securities, as in cases of courts merchants. [The rest of this repealed by subsequent laws.] Act of Dec. 16, 1811. Vol. III. 1067. 6. Sec. II. The vendue masters throughout this State shall give Shall be bond with good security to the governor for the time being, and to his sworn and give security. successors in office, conditioned for the true and faithful performances of the duties required of them by law, and shall take and subscribe an oath truly and faithfully to perform and discharge all such duties; which bond shall be taken and approved of, and oath administered by the justices of the Inferior Court, or any two of them, of the county in which such vendue masters may be, under a dedimus potestatem from the executive department. [Sec. I. and III. local.] Act of Dec. 21, 1819. Vol. III. 1073. Sec. I. II. III. Local. Sec. IV. Every vendue master in this State shall keep a book, in Vendue maswhich shall be entered every article by him sold at public auction, and ters shall keep a book the price at which the same was sold, and shall quarter-yearly on the of sales, and last days of the months of March, June, September, and December, in quar make none, or untrue re to pay the duty of one per cent., every year, cast up the amount of his sales, and prepare a return thereof, to be made to the treasurer of this State, which return shall be sworn to by him before some judge, justice of the Inferior Court, or justice of the peace of this State, as containing the true and accurate amount of his sales at auction, of every description whatever, during If he makes the quarter or time therein expressed. And if any vendue master an shall fail or neglect to make a return, sworn to in the manner above turn, or fails pointed out, to the treasurer within thirty days after the expiration of either of the said quarters, or having made the same, shall within that time fail to pay to the treasurer the tax or duty of one per centum on the amount of such return, it shall be the duty of the treasurer, as soon he shall be as he thereafter can cause to be published in one of the gazettes of the published in town or city in which such delinquent may be a vendue master; and in case of no gazette being published therein, in the gazette of the nearest town or city thereto, a notice of such failure to make a return or to pay said duty; and if any such delinquent vendue master shall, hibited from after the publication of such notice sell, or attempt to sell any goods, pain of $500. wares, and merchandise, or property of any kind whatever at public auction, or as a vendue master, he shall incur a penalty equal to that mentioned in the preceding section, to be recovered of him in the manner and for the purposes therein expressed. the gazette, and be proselling, on In such cases execution to duty. Sec. V. It shall be the duty of the treasurer, and it is hereby made issue for the lawful for him when returns are made, as in the preceding section directed, and the tax or duty thereon not paid within the time required, to issue his execution against the vendue master so in default and his securities, for the amount of the tax or duty accruing to the State on his return; and the sheriff in whose hands such execution may be placed, shall be bound to collect and pay over the same within the time therein required, and in case of failure so to do, to be proceeded against in the manner pointed out by law for failing to collect and pay over the amount of any executions against a tax collector; and in Bond to be case no return shall have been made, the treasurer shall immediately transmit the bond of any vendue master so delinquent to the attorney or one of the solicitors general to be put in suit. put in suit. V. masters shall deliver ration a du if he has within the Sec. VI. Every vendue master shall, at the time of transmitting a to the clerk return of the amount of his sales, for any quarter, to the treasurer, of the corpo- deliver to the clerk of the corporation of the place for which he is a plicate of his vendue master, a duplicate thereof, which the said clerk is hereby rereturn; and quired to file in his office; and if any quarter shall expire, during made no sales which a vendue master may have made no sales at auction, it shall be quarter, he the duty of each vendue master to state the same on oath to the treasurer, and on failing so to do, shall be prohibited from further acting as such in the manner prescribed by the fourth section of this act, for failing to make his return or pay the duty on his sales, and shall incur the same penalties as that therein pointed out for disregarding such prohibition, to be recovered and applied as therein directed. shall state that fact on oath. V. masters dulent or un Sec. VII. If any vendue master shall make a fraudulent return to making frau- the treasurer of the amount of his sales for any quarter, or shall return true returns, a less amount than that actually sold by him, he shall, upon due conguilty of perjury. viction thereof, before any court of competent jurisdiction, be deemed and held guilty of perjury; and his securities shall moreover be liable for any loss which may accrue to the State or any individual by reason of such fraudulent or improper return. Sec. VIII. [Repeals all laws contrary to this.] Sec. IX. [Temporary.] BANKS. An Act to regulate the intercourse between the Banks of this State, and other Institutions and Brokers.-Passed Dec. 22, 1826. Vol. IV. 75. receive but 1. If any bank or other institution, which is, or shall, or may be Banks and incorporated by the general assembly of the State of Georgia, or other Brokers to lawful authority of the United States, or any one of them, or any 4 per cent. broker, or any agent, attorney, or officer of any broker, or bank, or other institution as aforesaid, shall at any time after the passage of this act, collect, acquire, purchase or receive, whether in deposite or otherwise, the bill or bills, note or notes, or other security or securities of any bank or banks, which is, or are, or shall, or may be incorporated, by the general assembly of this State, or located in this State, by lawful authority, such bank or other institution, or broker, agent, attorney, or officer so collecting, acquiring, purchasing, or receiving such bill or bills, note or notes, or other security or securities, shall not be entitled to claim, demand, have, recover, or receive of or from such other banks so incorporated, or chartered by the general assembly of this State, or located therein by lawful authority as aforesaid, interest on such bill or bills, note or notes, or other security or securities, above or beyond the rate of four per centum per annum; Provided, Provisos that nothing herein contained shall authorize or allow any bank to refuse redeeming any of its bills, which shall have been received in payment for land at any United States' Land Office, upon demand for payment made by any United States' agent. payment may 2. Sec. II. Whenever a demand shall be made for specie upon The person either of the banks incorporated by the general assembly of the State demanding of Georgia, or upon any bank located therein by lawful authority, and be sworn. the president or cashier of the bank, upon which the demands shall be made, shall suspect or believe that the person demanding specie is the officer, agent, or attorney of any broker, or any incorporated institution whatever, whether authorized by the general assembly of the State of Georgia, or located therein by lawful authority, or created by authority of any of the States, it shall be lawful for the cashier or president of the bank from which specie shall be demanded, to require the person or persons making the demand, to take an oath before a judge, justice, or magistrate, in the presence of said president or cashier, that he is not acting as the officer, agent, or attorney of any broker, or of any incorporation whatever; and in case of a refusal to take said oath by the person or persons demanding specie, then such person or persons shall not be entitled to claim, demand, recover, or receive interest on such bill or bills, note or notes, beyond the rate of four per centum per annum.* individuals. 3. Sec. III. Nothing in this act shall be so construed as to deprive This act shall individuals (brokers or their agents excepted,) who may demand not affect specie for themselves for the notes, or bills, or other securities of either of the banks incorporated by the general assembly of the State of Georgia, or located therein by lawful authority, from the same privi *This section is perhaps superseded, by the last general proviso, in the 5th Sec. of the act of the next year (1827) amending the Marine and Fire Insurance char ter. See Sec. 205. |