Birmingham state herald., 1897-02-26
AN ACT
No. 656.
S. No.21O.

0N~N~'
 No 656. AN ACT S. No, 210.
 To prescribe the duties and qualifications
 of attorneys and councillors at law,
 and regulate their admission to prac- tice in the courts of the state.
 Section 1. Be 1t enacted by the general
 assembly of Alabama, That any person, being a citizen of the United States, a
 resident of this state, above the age of
 21 years and of good moral character, who shall desire to be admitted to prac-
 tice as an attorney and counsellor at law may make application in writing to
 the chancery, circuit or city court of the
 county of his residence, making known
 his wish. The court shall thereupon in-
 quire into the moral character and quail
 fications, other than legal learning
 of the applicant, and to that
 if the applicant be found possessed of
 all the necessary qualifications, except
 legal learning, the court shall so ad-
 judge and enter an order upon the min
 utes to that effect but if the applicant
 be found not to be so qualified, his ap-
 plication shall be dismissed at his costs.
 Sec. ?. Be it further enacted, That the applicant being found to be otherwise
 qualified, the judge or chancellor in open court, Sndll pTOpOuQQ III Wf1l1nS 10 SalQ
 applicant sufficient number of ques-
 tions to thoroughly test his learning, upon
 the following subjects, namely: 1. Of the
 law Of real property.i 2. Of the law of
 personal property. 3. Of the law of plead
 ing and evidence. 4. Of the commercial
 law. 5. Of the criminal law. 6. Of chan
 cery and chancery pleading. 2. Of the
 statute law of the state. 8. Of the con-
 stitution of the United States, and of the
 state of Alabama, which questions the
 applicant shall, in open court or in the
 presence of the judge or chancellor, an-
 swer in writing, without aid from any
 person, or from examination of books.
 Sec. 3. Be it further enacted, That
 when the written examination shall be
 completed. the judge or chancellor shall certify thereon that it was taken before
 him and in his presence, in conformity to the last section, and he shall forward the same, both questions and answers, to judge of the supreme court. Sec. 4. Be it further enacted, That the
 judge of the supreme court who receives the written examination, shall read and consider the same, and cause at least two other judges of the supreme court to examine the same; and at least three of said judges shall within ten days, if practicable, indorse on or al the end of such writing their Judgment and conclu- sion as to the sufficiency or inSufficency of the legal learning of the applicant to be licensed as an attorney and counsellor at law, ana they SIldll WlLnlH Salu llIHe transmit said writing, with the certif- cate thereon to the chancellor from whom 1t was received.
 Sec. 5. Be it further enacted. That upon the receipt of the written examination, with the certificate of the supreme court judges by the judge or chancellor, he shall if the certificate of two of said judges be that the applicant possesses sufficient legal learning. grant the appli- cation and cause to be entered on the af tiy,,o va cation, an order granting to the appli cant license to practice law in all the courts, both of law and equity, in this stnte, upon the taking by the applicant of the oath prescribed bylaw; if the cer- tificate of three of said judges be that the applicant does not possess sufficient legal learning, the chancellor or judge shall enter an order dismissing the ap- plication; and in either case. the applf- cant shall pay the costs,
 Sec. G. Be it further enacted, That the dismissal of an application for license to practice law shall not bar another appli- cation by the same person after the ex- piration of six months from the order of dismissal
 Sec. z. Be it further enacted That if the applicant present to the chancery court with his written application a di- ploma granted him by the University of Alabama, conferring the degree of Bach elor of Laws, the judge or chancellor shall inquire into his moral character and other qualifications, but need not examine him on law. and may. if he be otherwise qualified, grant him license without a certificate from the supreme
 judges.
 Sec. S. Be it further enacted, That ev- cry attorney and counsellor at law, be-
 fore he shall be permittei to practice,
 shall produce his license in some court of record where he intends to practice and in the presence of such court, shall take the following oath or affirmation, to-wit: "I do solemnly swear Cor af- firm) that I will delnean myself as an attorney and counsellor of this court, ac- cording to the best of my learning and ability, and with all good fidelity as we'll
 to the court as to the client; that l will
 use no falsehood or delay any persons
 cause for lucre or malice and that T
 will support the constitution of the state of Alabama so long as I continue a citi- zen thereof, so help me God"
 Sec. 9. Be it further enacted, That the court of chancery may license minors in the same manner as adults. if possess ing the maturity, character and attain ments requisite. but the minors so licens- ed shall be precluded from pleading in- fancy in any civil proceedings against them.
 See. 10 Be it further enacted That if any attorney commences practice before taking the cath as prescribed by the preceding section, he foraeits the sum of $200 one -half to the use of the person suing for the same, and the other to the state.
 Sec H. Be it further enacted That this act shall not be construed so as to pre- vent any person from conducting and managing his own cause in any court in, this state.
 Sec 12 Be it further enacted. That it is the duty of attorneys: 1st. TO support
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