dition to the contents of said bill or order, and lawful interest :0: CHAPTER LXXXIX. An Act regulating the admission of Attornies and authorizing particular persons, in certain cases, to prosecute and defend suits at law. for admission to practice as Courts of this SEC. 1. BE it enacted by the Senate and House of Repre-qualification sentatives, in Legislature assembled, That no person shall be admitted and allowed to be an Attorney of any Court in this Attorney in State, unless he is a person of good moral character, and is State. well affected towards the Government and Constitution of this State, nor until he shall have faithfully devoted seven years at least to the acquisition of scientific and legal attainments, whereof three years shall have been spent in professional studies, with some Counsellor at law, and two of the three with such Counsellor in this State; and no person shall be admit- Attornies to be ted to practise as an Attorney in any Court of Justice within Court. this State, until he shall in open Court have taken and subscribed the oath or affirmation prescribed in the Constitution of this State, and an oath in tenor following: You solemnly swear, that you will do no falsehood, nor consent to the doing of any in Court; and if you know of an intention to commit any, you will give knowledge thereof to the Justices of the Court, or some of them that it may be prevented; you will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, nor give aid or consent to the same; you will delay no man for lucre or malice; but you will conduct yourself in the office of an Attorney within the Courts, according to the best of your knowledge and discretion, and with all good fidelity, as well to the Courts as your clients. So help you GOD. sworn in open Form of oath. with such re-】 entitled to pay Provided always, That if any person shall hereafter com- without hav mence practice as an Attorney or Counsellor at law, in any ing complied place or in any Court in this State, without such previous quisitions not term and course of studies, or taking such oath as aforesaid, for services. or without paying into the county treasury the excise duty required by law, he shall not be entitled to demand or receive any remuneration for professional services. only, allowed SEC. 2. Be it further enacted, That the plaintiff or plaintiff's Two attornies in any suit, shall not be allowed to manage their cause, by on each side. more than two Attornies, nor shall any defendant be allowed to employ a greater number. good moral SEC. 3. Be it further enacted, That every citizen be, and Any person of hereby is, authorized to appear in any Court, and before any character may tribunal, Judge, Justice of the Peace or Magistrate, to prose- cial power. cute and defend his suit or action by himself and by any per appear by spe No person shall cause in which Judge, &c. son of a decent and good moral character, whom he shall call to his aid or appoint for that purpose; and that any person of such decent and good moral character, who shall produce in Court a power or letter of Attorney, specially for that purpose, from any person whomsoever, shall have full authority, though his principal be absent, to prosecute and defend any suit or matter, wherein his principal shall be concerned, to final judgment and execution; and to plead, implead, or manage the same case as fully as if such person, so authorized, was an Attorney of such Court, and admitted and sworn in usual form as prescribed by law, and agreeably to the rules of such Court. SEC. 4. Be it further enacted, That no person shall engage be counsel in a or be employed as Counsel or Attorney, before any Court he has acted as within this State, in any action which he shall have determined as Judge or Justice of the Peace; and if any person as aforesaid, shall appear as Counsel or Attorney in any action or suit, he shall not be permitted to prosecute, defend, No Justice shall answer to, or manage, such action or suit. And no Justice commenced by of the Peace within this State, shall hear or determine any civil action which shall have been commenced by himself or by his order or direction, and every civil action commenced as aforesaid shall abate. sit in a cause him, &c. No Sheriff or deputy shall in a cause or draw writs, pleas, &c. SEC. 5. And be it further enacted, That no Sheriff or deputy act as attorney Sheriff shall be suffered to appear in any Court, or before any Justice of the Peace, as Attorney to, or in behalf of, or assisting, or advising to any party in a suit; nor shall any Sheriff or his deputy be allowed to draw, make or fill up any plaint, declaration, writ or process, or to draw or make any plea for any other person; but all such acts done by either of them shall be void. Clerk to be appointed by Governor and Council. [Approved February 10, 1821.] :00: CHAPTER XC. An Act providing for the appointment of Clerks of the Courts in the several SEC. 1. BE it enacted by the Senate and House of Represent atives, in Legislature assembled, That there shall be nominated and appointed by the Governor with the advice of the Council during pleasure, one person in each county in this State, who shall be Clerk of all the Judicial Courts, holden in the same county, and shall have the care and custody of all the records, files and proceedings which have heretofore been had and now remain in the respective offices of either of the Clerks of the Supreme Judicial Court or Circuit Court of Common all the Courts. Pleas; and who shall be Clerk of all the Judicial Courts holden in the same courty, under the authority of this State, and who shall do and perform all the duties, services, acts, matters To be Clerk of and things, which he as Clerk of either of said Courts ought by law to do and perform. count of fees. SEC. 2. Be it further enacted, That the several Clerks to To keep an acbe appointed by virtue of this Act, shall keep a true and exact account of all the monies they shall receive, by virtue of their office, and shall on the first Wednesday of January annually render to the Treasurers of their respective counties under oath, a true account of the whole sum thus by them received, and after deducting one thousand dollars, (if they shall have Emoluments. received so much,) which shall be held and retained for their own use, they shall pay over the one half of all the residue to their respective county Treasurers for the use of the county. Clerks to give SEC. 3. Be it further enacted, That every such Clerk be- bonds. fore he shall enter upon the duties of his office, shall be sworn or affirmed to do and perform all the duties appertaining to his office; and such Clerk shall also give bond to the State to the acceptance of the Governor and Council in a penal sum not less than eight thousand dollars, with two or more sureties, conditioned that he will well and faithfully do and per-Condition, form all the duties, and pay over all the monies he is required by this Act to do and perform, and for the safe keeping and immediate delivery of all the records, files, papers, and muniments in said office to his successor on his leaving said office, which bond shall be lodged in the office of the Treasurer of this State. treasurer in 30 SEC. 4. Be it further enacted, That each of the Clerks To account to aforesaid shall be required to pay over to the Treasurer of the county the county, for which he may be appointed, all monies receiv- days. ed by him, which has heretofore been ordered to be paid into the county treasury for the use of the count yor State, within thirty days from the adjournment of the Courts, at which he may have received the same. office to contin Court to ap in certain cas, SEC. 5. Be it further enacted, That the Clerks now in of- Clerks now in fice, shall continue to do and perform all the duties of their ue. respective offices until the first day of August next, and until others are appointed and qualified according to the provisions of this Act. And in case of a vacancy in said office, or the absence of any Clerk, the Judges of the several Courts, are point a Clerk hereby authorized and empowered to appoint a Clerk who is es. hereby authorized to do and perform all the duties of Clerk, during such vacancy or absence; and it shall be the duty of the several Clerks now in office to deliver over to their successors all the records, files and papers in their respective offices immediately upon the appointment of such successor. SEC. 6. Be it further enacted, That this Act shall take effect, and have force from and after the first day of August next, and all Acts and parts of Acts inconsistent with the visions contained in this Act are hereby repealed. [Approved June 27, 1820.] pro Sheriff's to give bond. Condition. CHAPTER XCI. An Act providing that Bonds shall be given by Sheriffs and Coroners to the SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That every person appointed to the office of Sheriff within this State, shall, within sixty days from the receipt by him of his commission; and every Sheriff now in office unless another shall sooner be appointed in his place, shall within sixty days next after the passing of this Act, make and execute a bond, with at least three sufficient sureties residing within this State, in a sum not less than twenty five thousand dollars for such person who now is or shall be appointed Sheriff in either of the counties of York, Cumberland, Lincoln and Kennebec; and in a sum not less than fifteen thousand dollars, for such person who now is or shall be appointed Sheriff of either of the other counties in this State, to the Treasurer thereof, and his successors in said office, conditioned for the faithful performance of the duties of their respective offices, and to answer for the neglects and misdoings of their respective deputies, which bond shall by the said Sheriffs, within the time aforesaid, be filed in the office of the Clerk of the Court of Sessions, for the county in which said Sheriffs To be approv. are respectively commissioned; and said bond shall be preed by Sessions. sented at the term of said Court of Sessions, which shall then next be holden in such county; to be by said Court approved, and when the same shall have been adjudged sufficient, the Clerk shall make record thereof, and certify the same on said bond, and a copy thereof being taken by said Clerk, he shall deliver the original to the Sheriff, who shall file the same in the office of the Treasurer of the State, within twenty days, after the same shall have been so approved. Duty of county attorney. the bond to be SEC. 2. Be it further enacted, That it shall be the duty of the county Attorney in each county respectively at the term of the Court of Sessions which shall be held therein on or next after the third Tuesday of June annually, to move the said Court to consider of the sufficiency of the security given by the Sheriffs in their respective counties, and they shall cause a record to be made of such determination by the Sufficiency of Clerk, who shall certify the same to the Treasurer within certified annu- thirty days thereafter, and if such security shall be adjudged insufficient, said Clerk shall also within ten days certify the same to the Sheriff of such county, who shall within twenty days after such notice, give a new bond with sufficient sureties, to be filed and approved as aforesaid, and if any county Attorney or Clerk shall neglect his duty in this particular, such Attorney or Clerk, shall forfeit and pay to the use of this State one hundred dollars, for each neglect, to be recovered by action of debt in the name of the Treasurer, whose duty it shall be to prosecute therefor. ally. neglecting to SEC. 3. Be it further enacted, That if any Sheriff shall Penalty for neglect to give the security required in the first section of this give bond. Act, and file the same in the office of the Treasurer of the State, or shall neglect to give the new security which may be required by the Justices of the Court of Sessions in his county, as herein before required and file the same in the Treasurer's office as aforesaid, he shall forfeit and pay to the use of this State, the sum of one hundred and fifty dollars for each month's neglect, to be recovered by action of debt in any Court proper to try the same; and it shall be the duty of the Attorney General to prosecute for the same, and the name of such Sheriff neglecting to give or renew his se curity as aforesaid, shall be certified by the Court of Sessions, holden in his county to the Governor and Council, and also to the Attorney General; and the Governor with the advice of Council, shall thereupon remove such Sheriff from his office, and appoint some other person in his stead, unless reasonable cause to the satisfaction of the Governor and Council, shall be assigned for said neglect. And unless said Sheriff, whose name and neglect shall be certified as aforesaid, shall give or renew his security as the case may be, to the satisfaction of the Governor and Council within twenty days after the said certificate shall be made as aforesaid. To be removed. state the and certify the names of sure ties. SEC. 4. Be it further enacted, That it shall be the duty Treasurers to of the treasurer of the State, on the first Wednesday of Janu- amount of warary annually to make out a statement of the amount of all rants, warrants in favor of the State, any other sums of money or balances that may be in the hands of, and due from the several Sheriffs in said State, and lay the same before the Governor and Council for their inspection, and shall also certify name the names of the sureties, on their respective bonds, that in case they or any of them shall have become insufficient, or have moved out of the State, others may be required, and whenever for either of the reasons, it shall be deemed necessary by the Governor and Council, a new bond shall be given by any Sheriff thereto required, within sixty days after notice. given him for that purpose, to be filed as aforesaid; and on neglect thereof, the office of such Sheriff shall become vacant, and the Governor with advice of Council, shall appoint some other person thereto. give bonds. SEC. 5. Be it further enacted, That all Coroners, who Coroners to shall be appointed in any county in this State, before proceeding to discharge the duties of their office, shall give unto the Treasurer of the State a bond with sufficient sureties, to the satisfaction of the Court of Sessions, in their respective counties, for the faithful performance of the duties of their said office, and the acts and doings of all Coroners now in of- Condition. fice who shall not within sixty days, from and after the passing of this Act, make out and execute to the Treasurer of said State a bond with sufficient sureties,and the same file in the |