The Montgomery advertiser., 1907-10-06

the state. setting forth the facts upon
 which the same may be based, shall pc delivered by the Secretary of said As-
 in which such attorney resides and thereupon. or when the proceeding IS
 taken by the court of It's own motion, the Solicitor of said circuit shall draw
 up such accusation. citing the ra accuscr cr city court. or court of like Jurisdiction, on a day named therein. and moving the court for the suspension or re- fnoval of such attorney, and have the ty of such attorney's residence. by leaving a copy thereof with the ac-
 Sec. 3. That Section GOO of said Code be, and the same is hereby amended so as to read as follows. If the proceedings are upon the informa- tion of an individual. the accusation
 must be in writing, setting forth tne 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 oaths 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 bx security for costs to be approved by the judge thereof
 Sec. {. That Section 6O1 Of said c1as ss SO ana as the to reas as soio~s When the accusation is made by an in- dividual the Circuit Court, or city Court or court of like Jurisdiction, if oi srnisS Of sus pension or removal of such attorney, make an order requiring the accused to appear and answer the same at spect- fled day during that. or the next term, can hear and determine the same. q copy of which. together with a copy or the accusation, must be served upon the accused; provided. that if such atituted by the court of its own motion, or as provided by Section of this act, ten days before any term Of the court,
 or before the adjournment thereof. such accusation must be made return able and be heard during said term, unless continued for good cause by the court. upon such terms as It may im-
 Sec. s. That Section sos of said Code be. and the same is hereby amend ed so as to read as follows: The acc cused may answer such accusation, either by objecting in writing to the sufficiency 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 hereby made of record therein as in other civil suits or proceedings in said court.
 Sec. 6. That Section 605 of said Code be, and the same is hereby, amended 50 as to read as follows: If thea ac- cused pleads guilty. or fails or refuses to answer the accusation, the court must proceed to judgment Of suspen- sion or removal:if he answer the &C., cusation, the court must immediately, or at such time as 1t may appoint, pro- ceed to try the same. either side hav- ing the right to demand by trial jury. if no jury is shall make and file statement of the facts established by the evidence ana if the jury is demanded. the jury must make a special finding of the facts. court. and upon such statement of facts by the court, or special finding of facts by the jury, the court must render judgment of acquittal or suspension. or may warrant; provided however, that such accused attorney may stop or pre- vent such prosecution by a surrender of his license as an attorney Ia all the courts of the S,ob state rrsd of AisSsma- sSsI made in the suprems Court of said State.
 Sec. '. That Section sos of said Code be. and the same 10 hereby. amended ings when instituted by the court of it's own motion, or when the written Statement hereinbeforel provided for has been present. ' ed by the Alabama Bar Association, or its Central Council. to the Solicitor of the Circuit. in which the accused re- sides. must be conducted in the name of the State. and when on the inform ation of an individual in the name of the State upon the information of such person: and in all cases the Solicitor or said Circuit shall appear and sustain such accusation, and DC responsible for the faithful performance thereof as of other official duties required of him by law provided. 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 proceedings to be spproveo by the Court within ten days from no- tice to the Secretary of said AHeocia- tion by said Solicitor, and the hearing of said cause shall be postponAa for