The Birmingham age-herald., 1903-10-14
THOS. HEFLIN.
 Secretary of State.
AN ACT

Secretary of State. No 4OS) AN ACT (S. 406. To amend Sections 59s. 599 600, col, 60S,
 6O5. 6o6 and 610 of the Code of Ala
 bama. Be 1t enacted by the Legisla-
 ture of Alabama:
 Section |. That Section 59S of the Code of Alabama be, and the same Is hereby. amended so as to read as follows: The Alabama State Bar Association, or the Central Council thereof has authority to institute and prosecute, or cause to be instituted and prosecuted, In the name of the State of Alabama. the proceedings herein prescribed for the suspension or removal of an attorney.
 Sec 9 That Section 599 of said Code be, and the same is hereby amended so as to read as follows: The accusation must be in writing and when the prosecution is instituted by the Alabama State Bar Association, or the Central Council there of a written statement signed by the President of said Association. or the Chairman of said Council, and attested by the Secretary of said Association, ac- compa nied by written affidavit of any per son or persons making charges for sus- pension or removal of such attorney. if any. taken before any officer authorized by law to administer oaths within or out of the State setting forth the facts upon which the same may be based. shall be delivered by the Secretary of said Asso- ciation to the Solicitor of the Circuit in which such attorney resides and there upon, or when the proceeding is taken by the Court of it's own motion the Soh- citor of said Circuit shall draw up such accusation. citing the accused to appear before said Circuit Court, or City Court, or court of like Jurisdiction, on day named therein, and moving the court for the suspension or removal of such attor ney. and have the same served by the sheriff of the county of such attorneys residence by leaving a copy thereof with the accused.
 Sec. 3. That Section 600 of said Code be. and the same is hereby, amended so as to read as follows: If the proceedings are upon the information of an individual, the accusation must be in writing. set ting forth the facts upon which the charges are based, verified by the oath of such individual or some other person, taken before any officer authorized by law to administer paths in or out of the State that such facts are true, and must be presented to and filed in said Circuit Court or City Court. or court of like Jurisdiction, accompanied by security for costs to be approved by the judge thereof.
 Sec f. That Section 601 of said Code
 
 as to read as follows: When the aeeusa- ton is made by an individual the Circuit Court. or City Court, or court of like Jurisdiction. must if of opinion that the accusa ton would, if true. furnish grounds of suspension or removal of such attor- ney, make an order requiring the accused to appear and answer the same at specified day during that. or the next term. or at any other time. when the court can hear and determine the same, a copy of which. together with copy of the accusation. must be served upon the accused: provided. that If such order is made. or proceedings are instituted by the court of it's own motion. or as pro- vided by Section of this Act ten days before any term of the court or before the adjournment thereof. such accusation must be made returnable and be heard during said term, unless continued for good cause by the court, upon such terms as it may impose.
 Sec 5. That Section COB of said Code be- and the same is hereby, amended SO as to read as follows. The accused may answer such accusation. either by object ing in writing to the sufflciency thereof, or by denying the truth of the facts alleged or setting forth the facts of his defense, which said answer as to facts. by denial or otherwise. must be in writing. signed by the accused and verified by his oath. and the accusation. objections and answer in said proceedings are here by made of record therein as in other civil suits or proceedings in said court.
 Sec 6. That Section sos of said Code be, and the same is hereby. amended so as to read as follows; If the accused pleads guilty. or fails or refuses to an swer the accusation. the court must pro ceed to judgment of suspension or re- moval; If he answer the accusation, the court must immediately. or at such time as 1t may appoint. proceed to try the same, either side having the right to de- mand trial by jury: If no jury is dc handed. the court In trying the same shall make and file a statement of the facts established by the evidence. and if jury is demanded. the jury must make snecial finding of the facts. upon issues Of facts submitted by the court. and upon such statement of facts by the court. or special finding of facts bv the jury, the court must render Judgment of acquittal or suspension, or removal of the accus- ed. as such facts may warrant: provided. however that such accused attorney may stop or prevent such prosecution by surrender of his license as an attorney In all the courts of the State of Alabama. record of which surrender shall be made in the Supreme Court of said State
 
 CSC. :. That Section sos of said Code be. and the same is hereby, amended SO as to read as follows: The proceedings when Instituted by the court of it's own motion. or when the written statement herein before provided for has been presented hv the Alabama State Bar Associa- ton. or its Central Council. to the Solicit tor or the Circuit in which the accused resides must be conducted in the name of the State. and when op tba ;nfornaa- : tion of an individual In the name of the State upon the information of such per som and In all cases the Solicitor of said circuit small appear and sustain such ac- cusation' and be responsible for the faith ful performance thereof as of other offi- cial duties required of him by law; pro vioeo. however, that the Court may. upon the motion of said Solicitor. and upon good cause shown, at any time require said The Alabama State Bar Association to give security for the costs of such pro. ceedings to be approved by the Court, within ten days from notice to the sscre-