The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-11-30

E1farte WATKINS LEIGH.
Mr.. Leigh having on former day of this
tern, asked permission to qualify as counsel
at this bar, 1t was then resolved by the
whole court, that in addition to the oaths of
qualification heretofore usual in such cases.
he must take the oath prescribed in the Sd
section OF the late act to suppress duelling
which he said he would consider of, and for
the time deGiined.-hnd now, by ieaue of
the court, he again moved to be admitted to
the bar, on his taking the usual oaths, with
Que The additional one last mentioned. HI.
battered himself he should be able TO con-.
vince the court, that its first impression ON
this subject, formed and expressed as it was,
without argument and on the sudden, was
incorrect; in which ii he should have the
good fortune to succeed, ne should have no
doubt or apprehension, which would
prepoDderatc with that tribunal, the love Of
justice or the pride of consistency
The act directs. "that from and after the
passing thereof, every person, zuho shall be
ahhotntea 10 any office or hlace. ciutk or
military, under this commonwealth, shall
in addition to the oath now prescribed by
law, take the oath" therein prescribed. 49,
Mr. Leigh insisted, that the practice OF
law was not an office or PLACE under the
commonwealth within the meaning of the
act----that the act intended hu6Hc Offices
only, and not friUote ones of any kind.
1 agree. said he, it is laid down, generally,
that attornies at law in England are in all
points officers OF the respective courts in
which they are admitted. % Bkac Com 26.
But their character of officers of court in
England, is derived from certain RESTRICT
ons they are under, and privileges they en-
JOY, in THAT country, unknown in THIS
In England, attornies cannot be bail in ci
vii cases; nor can attornies at law practise
as solicitors in Chancery; nor a,tornies in
one of the courts of Westminster in any
other; nor can they be called to the bar,
I'LL struck off the roll of attornies; nor, it
once admitted barristers, enrolled as attor
mes again, till dsbarred at their inns of
court and they must not only be examined
and sworn las here) but must be enrolled, &
must have served Ave years previous appren.
tlceship as attorneys clerks Doug. IL 400, 7.
Btac. Com. nbi SUPRA. Stdt 4 Henry, d
can. 10. caf'. %. Geo. 3. can 81 IL Geo
2. cat. 13. % George 3, can 46 90 Geo.
2. cah 90. 80 George 2, cat. 19.-On
the other hand, attornies cannot, regularly.
be held to special bail; they must be sued
by bill, not by original they can only be
sued in the courts they belong to; and they
are exempt from serving in Offices they may
be elected to against their inclination. -
DOHB' Sl1' sac. nor. 101. 4. RuYHt
lI9. DeU. 265 And to prove that this
character OF officers Of court attached to
attornies IN England, springs from these re
strictions and privileges, Mr.. Leigh re
marked, that (King's counsel excepted)
sergeants and barristers at law, who are
subject to no such restrictions and have no
such privileges, take no oath of Office. and
are not deemed officers Of Court. Blac.
Com. %. Now, in Virginia, no such re
s'rictions or privileges exist here ATToR -
MES are COUNSEL. In England too, it was
formerly head, that attornes were compel
liable to act. Co. Lift. 295 b. But il has
been since adjodged, that an attorney is
not comPel'ablc to appear for any one ON
less he take his fee, or back the warrant. 1
SAX. s7--And even it the law. as stated
by Sir Edward Coke, has not been thus ex
pioded; still counsel were never thought
e9mpellsble to act (Harg. Co. Lit. abi su,