TITLE 15. ATTORNEYS FOR THE COMMONWEALTH. 1821. of When salary common IN FORCE FROM ITS PASSAGE. AN ACT to amend an act entitled "an act concerning Attorneys for the Commonwealth: Approved December 21, 1821.-Session Acts p. 439. SEC. 2. Be it further enacted, That hereafter Attorneys for the wealth's attor- Commonwealth shall receive pay from the time of their qualificaney to comtion and entering upon the duties of their office. mence. 1831. wealth's attorney to be appointed for each judicial district. To continue IN FORCE FROM ITS PASSAGE. AN ACT providing for the appointment of Commonwealth's Attorneys: Approved SEC. 1. Be it enacted by the General Assembly of the CommonCommon- wealth of Kentucky, That there shall be appointed by the Governor of this Commonwealth, by and with the advice and consent of the Senate, a proper person, resident within the bounds of each judicial district, in this Commonwealth, as attorney for the Commonwealth in such district, who shall continue in office for two years, should he conduct himself well, and attend to the several circuit courts within his district, and proscute all pleas of the Commonwealth arising therein; (a) and such and every attorney so appointed, shall annually receive for his services, the sum of three hundred dollars, to be paid out of the public treasury, upon a warrant from the Auditor, as in other cases. in office two years. His salary. Duty of court where common SEC. 2. Be it further enacted, That it shall be the imperative. wealth's attor- duty of the several circuit courts in this Commonwealth, if the atney fails to at- torneys so appointed, shall fail to attend any circuit court within tend. (a) It is said that an attorney for the commonwealth in one circuit may defend a criminal in another. Sharpe's Adm'x. v. Kirkendall-2 J. J. Mar. 151. 2. The attorney for the commonwealth has no right, when a conviction is had under the gaming act, to give day, substituting his responsibility for the consummation of the law; and any covenant taken by him from the person convicted, for the payment of the fine, is a breach of his official duty and void, and no recovery can be had on it.-Routt v. Feemster, 7 J. J. Mar. 133. his district, to appoint pro tempore, some fit person to prosecute for the Commonwealth, during the absence of such attorney; and such circuit court shall certify in whose room such services were rendered, and the amount of allowance, and what deduction is to be made from the annual salary of such absent attorney; and the attorney pro tempore may produce to the Auditor, at any time before the annual salary of such attorney may become due, such certificate of the court aforesaid, and the Auditor shall issue to the holder of such certificate, upon the delivery thereof, a warrant upon the Treasury for such amount, which shall be paid accordingly; and the Auditor shall note such deduction, and when application is made for the annual salary of such absent attorney, the Auditor shall only issue a warrant for the amount of the sum remaining, after deducting the sum certified by the court as aforesaid. Pay of the person appoint ed in his place to be deducted from his salary. To be paid SEC. 3. Be it further enacted, That the salaries of the attorneys for the Commonwealth, payable out of the public Treasury, shall quarterly. hereafter be payable quarterly, as other officers are now paid. This act shall continue in force for two years from and after its passage. 1832. IN FORCE FROM ITS PASSAGE. AN ACT continuing in force the law providing for the appointment of Common- (b) Under this act, the governor, entertaining the opinion that although it continued in force the previous law under which attorneys for the commonwealth had been appointed, it did not necessarily continue such attorneys in office, issued new commissions after the time when the law would have expired; but having appointed a person for the twelfth district not before in office, the question was made whether he or the attorney appointed under the previous law was enti Act of Jan. 12, 1831, con tinued in force for two years. tled to the office: Held, that the attorney ap pointed under the previous law, had a right to hold his office during good behaviour, and the continuance of the office; and that the office was continued by the above act, and was in existence when the governor commissioned another attorney, and that consequently the commission conferred no right to the office.-Bruce v. Fox, 1 Dana, 453. 1833. IN FORCE FROM ITS PASSAGE. 'Attorneys for commonwealth to take an oath to prosecute offenders against certain act. AN ACT to amend the Law prohibiting the importation of slaves into this State: SEC. 4. Be it further enacted, That it shall be the duty of the attorneys for the Commonwealth now in office, at their first court after the passage of this act, and every other attorney for the Commonwealth who may be hereafter commissioned, at the time of taking the oath of office, to take a solemn oath that they will faithfully prosecute all offenders against this act within their knowledge, or of which they may be informed, and who may be found within their respective districts: and in each case of conviction, the prosecuting attorney shall be entitled to a fee of twenty per cent. out of the amount collected, and the balance shall be paid into the pubBalance of lic Treasury, and set apart as a fund, to be under the direction of to colonize free the Governor, and such other or others as the Legislature may appersons of color point, for colonizing the free persons of color on the coast of Africa. Their compensation. fine set apart [For further duties of Attorneys for the Commonwealth-See Index, head “Altorney for Commonwealth."] TITLE 16. ATTORNEYS FOR COUNTY COURT. 1829. County courts may annually appoint attorthe neys for county. Their duties. IN FORCE FROM ITS PASSAGE. AN ACT to regulate the duties of County Court Attorneys: Approved January 28, 1829.-Session Acts p. 105. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county courts of this State, a majority of the justices concurring, may appoint, annually, an attorney for the county, whose duty it shall be to attend each of the courts for their respective counties; to attend to all cases and business pending in court, wherein the rights or interest of the county is con cerned; to give legal advice to said court, or to any of the justices, when required, in relation to any county business pending before them; to conduct motions or prosecutions of whatever nature or kind, depending in said court against constables, sheriffs or other officers subject to their jurisdiction, (a) and it shall be the special duty of said attorneys, in their respective counties, to be present at the court of claims, to assist in investigating all claims presented for allowance; to see that none but those which are just and legal shall be passed; to see that in granting tavern licences the laws on that subject be strictly complied with; and to attend, when required, to assist in enforcing the laws against riots, routs and breaches of the peace. SEC. 2. Be it further enacted, That the county courts shall, at their court of claims, include in their county levy such sum of money as shall be deemed reasonable for the services performed by said attorney, to be paid over to him when collected. 1834. Their salaries IN FORCE FROM ITS PASSAGE. AN ACT to compel Sheriffs to return certificates of the election of members of the Senate and House of Representatives: Approved February 22, 1834.Session Acts p. 478. If sheriffs fail secretary of state certificate of elections, on notice thereof, the county attorney must SEC. 2. Be it further enacted, That after the time has passed within which it is now the duty of the sheriffs to transmit such to transmit to certificate to the Secretary of State, it shall be his duty to forward to the county court attorney, of every county in which the sheriff shall have failed to make a return of said certificate, notice of such failure; and thereupon said attorney shall institute proceedings under this act, against the sheriff so failing, for the penalty aforesaid. And for his services, the said attorney shall be entitled to one-third of the penalty recovered: the other two-thirds thereof, the sheriff or coroner collecting the same, shall pay into the public treasury as revenue. [For reference to further duties, See Index, head Attorney for County Court.] (a) The county attorney is the proper officer to give notice to the collector of the county levy, of a motion for a judgment for failing to pay it prosecute. Compensation for his services, over.-Whitnell v. Justices of Caldwell County, 4 Litt. 147. TITLE 17. ATTORNEYS AT LAW. make attorneys 1436. 15 Henry VI. Chap. 7.-2 Litt. 538. ALL abbots, priors and other religious persons, and their successors, Who may and any secular persons within this realm, in every hundred and for wapentake within the same realm, may make their attorneys gen eral to plead for them (a) and every of them, the said abbots, priors and religious persons, under their common seal, and the secular persons, under their seals. to plead them. Attorneys re quired to produce their war rants of attorney to be entered of record. 1540. 32 Henry VIII. Chap. 30.-9 Litt. 539. Be it enacted by the authority aforesaid, In avoiding of errors and other great inconveniences that daily do fortune to arise and grow in the king's courts of record at Westminster, through the negligence of attorneys, because they deliver not their warrants of attorney in such actions and suits wherein they be named at (a) The employment of counsel implies a trust and confidence on the part of the client, which the counsel will not be adjudged to have fulfilled by employing other counsel to do it for him.-Rust v. Larue, 4 Litt. 412. 2. But where the counsel has prepared the cause in the inferior court, and has been prevented from arguing it there, but has paid the counsel selected by his client in his absence his full fee for arguing it, and the cause has terminated successfully, the counsel will be adjudged to have fully performed his duty.-Ibid. 3. Champerty and maintenance are offences at common law, as well as by statute, and contracts between clients and counsel, of that character, will not be decreed in equity, either in favor of counsel or his assignee. Even if they were not void at law, equity ought not to aid their specific execution; because, being forbid den by the law, they are against the policy of the law.-Ibid. 4. Admissions of facts by counsel, n another suit, not to prejudice the party against whom they are made, and more especially when they are unsupported, even by the allegations in the complainant's own bill.-Harrison's Devisees v. Baker, 5 Litt. 250. 5. Attorney who has served under a champerty contract, which the client refuses to execute, is entitled to compensation for his services. -Caldwell's Adm'rs. v. Shepherd's Heirs, 6 Mon. 392. 6. An attorney at law has not, in virtue of his office, power to release the sureties of the principal debtor, from whom he may have been employed to collect a debt, or to do any act which would have that effect, to his client's prejudice.-Givens v. Briscoe, 3 J. J. Mar. 532. |