The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-07-21

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AT the same session a law was passed
eXpelling all the lawyers in the colony
from the bar. The Governor seems to
have made some scruple about signing
it and said something about magma
chGrtd, and quite u contest ensued be-
tween the House of Burgesses and the
Governor, in which the House finally
triumphed.
So the matter remained for twenty
three years. In 1850 another law was
passed requiring all attorneys to be
licensed by the Governor, and fixing
their fees, 2 Henning, 4S9.
Two years afterwards, in 1882 the law
of 1850, for the licensing of Attorneys
was found inconvenient" and repeal
ed, . Henning, 49S.
So the law remained for thirty-six
years. But somehow the Attorneys
with or without law had got to prac-
ticing again; for in l7lS u law was pass
ed fixing the fees of Attorneys in the
General Court and in the County Court,
Henning, 50.
In 1872 the Colonial Legislature for
the first time passed a law somewhat in
detail, providing for the admission of
Attorneys, defining their duties, regu-
lating their fees, and defining the power
of the Courts over them. and requiring
them to take an oath. The eighth sec
ton of that law provides that, "No
.
CATER the 10th of November now next
''eusuing, practice as an Attorney in
"any County Court or other inferior
"Court of this Colony without a license
first obtained from the Governor and
"Couneil, or the Governor and Com
"mander-in-Chief and the Council for
"the time being of this Colony and Do
'.minion, upon pain of fOrfeiting forty
''ShillingS for every cause he shall pros
"ecute or defend in such Court"
The ninth section prescribeS the mode
of obtaining the license and the oath as
follows: "You do no falsehood nor con-
''sent to any to be done in the Court,
you shall give notice thereof to the
"JusticeS of the Court that it may be
''refOrmed; you shall deny no man for
"lucre or malice, nor take any unrea-
''sonable fees; you shall not willingly
''or willingly sue or procure to be sued,
"any false suit nor give aid or consent
TO the same upon pain OF being dis
'nbled to practice as an Attorney for
lever. And further, you shall use
yourself in the office of an Attorney
within the Court according to your
"learning and discretion-so help you
God"
The tenth section authorizes the Gov
ernor and Council to suspend any At
torney or revoke his license for mis-
conduct.
The eleventh section provides that
the Court may order an Attorney to
pay all costs occasioned by his neglect.
The twelfth section provides that the
law shall not extend to any Barrister or
Counsellor, or to any Attorney, who at
the time of passing the law was a prac-
titioner in the General Court. Hem
ming, 36l.
This is the first law which required an
oath from Attorneys in the State of
Virginia.
This law remained in force ten years.
In May, l742, n law was passed, the pre-
amble to which recited that the former
law had mot been found to answer the
good design and intention thereof;"
and it was enacted that the law be "re-
'pealed and made void" 5, Henning,
III.
So matters stood for three years. In
1745, another general law was passed,
providing for licensing Attorneys and
regulating their duties, fees, &c.
The first section of this law recites
"that the great number of ignorant and
"uuskilful persons practicing in the
County Courts, has become great
grievance on account of their neg
''lect and mismanagemento of their eli
"ents' causes"
The second section requires the Gen.
eral Court to appoint examiners, who
shall examine all applicants for license
to practice law.
The third section provides that appli-
cants for license shall present to the
examiners n certificate of character
from the proper County Court, upon
which he may be examined, and if
found qualified, the examiners shall
grant him license. Every person OBJ
tanning such license, shall, before he
shall be permitted to practice, take
1.-THE OathS appointed by law to be ta-
'ken, instead of the oaths of allegiance
land supremacy, and take and sub
scribe the oath of abiuration and
''su bscribe the test;" and in addition the
following oath: al, A. B., do swear,
''that Will truly and honestly dernean
myself in the practice of an Attor-
"ney, according to the best of nv
knowledge and ability" Every per-
son practicing without license 20 for
felt five pounds for every case in which
he appeared.
The, fourth section authorizes the
General Court to suspend or revoke
an Attorneys license for malpractice.
The fifth section pro rides that the act
shall not extend to Barristers or Attor-
neys of the General Court previously
licensed.
The sixth section provides that all
Barristers and Attorneys shall, after
the first day of July, take the oaths pre-
viOusly prescribed.
AO AlAhA SCSblOLA plONlNSS llluL lueN
shall pay all costs Occasioned by their
neglect. This law was repealed, and
its leading features re-enacled in Octo-
| ber, l74S.
The third section of the act of l74s
provides that no person who hath been,
or hereafter shall be convicted of any
feloniOus crime or crimes, shall be ad-
United to practice.
The fifth section provides that so
much of this act as provides for procur-
ing license, should not apply 10 Bar
risters or attorneys now praclicing.
the sixth section authoriSes the Coun-
ty or inferior Courts, to require Attor-
neys to give security for their good be-
haviOr.
The eighth section prohibits Attor-
neyS of the General Court from prac-
ticing in the County or inferior Courts.
The eleventh section provides that
not more than two lawyers shall argue
on any side of any cause. This law
was again substantially re-enacIed in
March, l76l, with the addition of a sec
ton fixing minute tariff of fees for
Attorneys, and imposing penalties for
making higher charges than the
fees prescribed in the law. Section IL,
Z, Henning, 400.
In 1915, May, a law passed requiring
Attorneys to take an oath of allegiance
to the Commonwealth of Virginia, 8,
Henning, l2l. So the law stood in re-
lation to Attorneys until after the close
of the war of the revolution.
In lTS6, The law regulating the adIris-
sion and practice of Attorneys was
again revised, and three Judges of the
Court of Chancery or General Court,
were authorized to grant license; and
"every counsel, attorney or proctor be-
''fore he shall practice, shall, in some
Court ofrecord, give assurance of fideli-
"ty to the Commonwealth, and if he
''shall thereafter obtain license shall