as such, shall act as an attorney at law in the county court or circuit court to which he may belong, on any pretence whatever. SEC. 2. Any justice of the peace, clerk or deputy clerk, who shall offend contrary to the provisions of this act, shall, beside being liable to impeachment or removal from office, for every action, suit, motion, cause or controversy in which he shall appear as an attorney at law in the said county or circuit court to which he may belong, forfeit and pay one hundred dollars, recoverable by action of debt in any court of competent jurisdiction, one half to the use of the commonwealth, and the other half to the use of the party suing therefor; or the penalty aforesaid may be recovered on a presentment of a grand jury in the circuit court of the county in which the offence may be committed, for the use and benefit of the commonwealth; and shall moreover be disqualified from acting as an attorney at law in consequence thereof, but his license as such shall, upon conviction, become void. 1820. Conditions of admission of attorneys of o ther states to practice in this state. The manner IN FORCE FROM ITS PASSAGE. AN ACT regulating the mode of admitting to the bar Attorneys at Law of adjoining SEC. 1. That the courts of this state be authorized to admit to the bar as practicing lawyers, in said courts, the attorneys at law of adjoining states, who have been regularly admitted to practice in the superior courts of such states: Provided, That the courts of such states extend the same privilege to attorneys at law who are citizens of this state. SEC. 2. The manner of admitting said attorneys at law of adof admitting at- joining states to practice in the courts of this state, shall be regulattorneys of other ed by the terms on which the attorneys residing in Kentucky are states to prac regulated. tise in this, how allowed to practice in the courts of such adjoining states: Provided, that in no instance, shall such terms of admission relieve them from the same responsibility for the faithful discharge of their professional duties, which the laws of this state impose on attorneys who are resident therein. 1823. IN FORCE FROM ITS PASSAGE. AN ACT to repeal all laws which give the right of replevy to officers and attorneys for against any officer of this Commonwealth, or attorney at law, money which he shall have collected as an officer or attorney, execution may issue on said judgment as in other cases; and the officer who issues the same, shall endorse on said execution, that "No sccurity of any kind is to be taken." SEC. 2. Be it further enacted, That the officer into whose hands said process may be placed, shall proceed to collect the amount thereof, and shall not permit the defendant to replevy, nor shall he sell the defendant's property on a credit as in other cases; but in case a sale be requisite, it shall be for ready money. SEC. 3. Be it further enacted, That when judgment is rendered in any such case, it shall be the duty of the officer who draws up the record of such judgment to note at the bottom of said judgment the ground of action, so as to furnish the information, by which the endorsement aforesaid may be made. SEC. 4. Be it further enacted, That the right to replevy in the clerk's or magistrate's office in the aforesaid cases, is hereby repealed. may, SEC. 5. Be it further enacted, That in all cases in which an officer by the directions of the plaintiff, his agent or attorney, or in pursuance of the requisitions of law, have collected or shall hereafter collect any bank paper by virtue of an execution, order of sale or other process, and shall be proceeded against by motion or otherwise for the same; that the court before whom such claim may be asserted against such officer or attorney at law, shall scale the amount so received by the value thereof in specie, at the time the same was legally due and demandable from such officer or attorney at law; and should either party request it, the court shall direct a jury to be empannelled, for the purpose of ascertaining the value of such paper in specie, for which judgment shall be rendered, with interest or without damages as heretofore. (g) SEC. 6. Be it further enacted, That all the provisions of this act in relation to officers, so far as the same may be applicable, shall apply to and govern the collection of money from an agent, who has actually received money or bank paper for his principal. (g) The above section, so far as relates to sheriffs and other officers, was repcaled by the second section of the act of January 25, 1827, immediately succeeding, which see. 1827. a IN FORCE FROM ITS PASSAGE. AN ACT concerning executions from the Court of Appeals, and for other purposes: SEC. 2. Be it further enacted, That so much of the fifth section In rendering of an act entitled, "an act to repeal all laws which gave the right of judgments gainst officers replevy to officers and attorneys at law, who officially collect money who have col- and refuse to pay over the same, and for other purposes," as allows lected bank pathe scaling of paper money collected by sheriffs and other officers (h) per on execuin their official character, be, and the same is hereby repealed; and that hereafter any court or justice of the peace rendering judgment in such cases against any such officer, shall render judgment for the bank paper so collected by said officer. tion, &c. court prohibited from scaling the pa per. torney fails to pay money col lected by him, rule to be served why he should not be suspended from practice,and he shall be suspen 1829. IN FORCE FROM ITS PASSAGE. AN ACT more effectually to coerce the payment of money officially collected by SEC. 3. Whenever, upon affidavit filed in the court in which any When an at- judgment shall be obtained, it shall appear that any attorney has, in his official capacity, collected the whole or any part of such judgment, and has failed or refused to pay over the same upon demand, to the party or parties entitled thereto, it shall be the duty of said court to enter a rule against such attorney, to show cause why he shall not be suspended from the practice of the law in the several courts in this commonwealth; and upon the return of said rule, if it shall appear to the satisfaction of the court, that such attorney has failed to pay over any money collected by him, in his official capacity, for the party complaining, and shall then and there refuse to pay promptly the amount adjudged to be due, it shall be the duty of the court to enter an order suspending said attorney from the privilege of practicing law in any of the courts of this commonwealth for the space of twelve months, and until the amount adjudged to be ded if he refuse to pay over the sum due. (h) The word "officer," used in the above act, taken in connexion with the provisions of the preceding act to which it refers, is sufficiently broad to embrace attorneys at law, and authorizes the court to give judgment specifically for bank paper collected by an attorney, although it was collected before the passage of the act. The judgment, however, should be without inter est.--Bank of Commonwealth v. Patton's Ex'rs, 4J. J. Mar. 192. 2. The implied undertaking of an attorney at law, to pay over to his client on demand, the money or property collected. If an attorney rcfuse to pay his client the money or property collected by him, he is responsible for its value at the time he converts it.-lbid, 193. presume due shall have been paid; and if any attorney at law shall SEC. 4. If it shall appear to the satisfaction of the court, that nothing was due to the party complaining when the rule was entered, there shall be a judgment for costs in his favor against the party complaining; but if there was a balance then due by such attorney he shall be adjudged to pay costs. If a rule shall be made against an attorney who is not present, the court shall cause a copy thereof to be served upon the defendant a reasonable time before the return day of the rule, to be ascertained and determined by the court granting the rule. SEC. 6. Be it further enacted, That it shall be the duty of the county and circuit court attorneys of this commonwealth, in the court to which they belong, upon application, to move said court against any lawyer or constable respectively, according to the provisions of this act; and where a county or commonwealth's attorney shall be in default, it shall be the duty of the judge of the circuit court to appoint some member of the bar to make such motion. ACT OF CONGRESS. 1812. AN ACT concerning the District and Territorial Judges of the United States: Approved December 18, 1812.-Story's Laws of the United States, p. 1282. Ir shall not be lawful for any judge appointed under the authority of the United States, to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law; and any person offending against the injunction or prohibition of meanor if they this act, shall be deemed guilty of a high misdemeanor. U. S. judges not to practice law-guilty of a high misde dc. TITLE 18. AUDITOR OF PUBLIC ACCOUNTS. Auditor to perform duties of solicitor. 1792. IN FORCE FROM THE FIRST MARCH, 1793. AN ACT establishing an Auditor's Office of Public Accounts: Approved June 22, 1792.-1 Litt. 61. SEC. 3. Be it further enacted, That the services heretofore required by any act or acts of the assembly of Virginia to be performed by the solicitor, be and the same is hereby directed to be performed by the auditor.* *The principal act to which the above section refers is an act entitled "An act for the more effectual collection of taxes and public dues;" passed October 1780 -10 Hening's Statutes at large, 358. The following is a part of 1st section defining the duties of Solicitor. ["The said solicitor immediately on his qualifying as aforesaid, is hereby authorized and empowered to examine from time to time the books of accounts kept by the board of auditors, and to compare the same with their vouchers, to see that all monies to be paid by their warrants are entered and charged to the proper accounts therefor, or to the persons properly chargeable therewith, and that the taxes levied be also credited to their respective and proper accounts, keeping all taxes raised under any one law separate and apart from the other. To cause a correct list of all balances due either to or from the public to be stated, together with the amount of the several taxes, and lay the same before the general assembly at the first meeting of every session. To state and prepare in a regular manner accounts against all and every persons indebted to the public, on moneys advanced them for any purpose, and failing to account with the auditors therefor in due and reasonable time and attend the attorney general therewith and with such vouchers as the said attorney may think necessary. Also to state accounts for money or other public property against all public officers of every denomination indebted to the public, especially against sheriffs, escheators, clerks, inspectors, commissaries, quarter-masters, keepers of public stores, paymasters, naval officers, county lieutenants, or recruiting officers, either in the land or sea service, to collect the vouchers likewise necessary to prove their accounts, and attend the attorney for the purpose of obtaining judgments thereon at such times as are already or may hereafter be directed by law for the more speedy recovery of money in their hands due to the public."] |