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issue on re

trial of right

ant. And the said replevin bonds, or bonds for the trial of the right of property, shall be lodged with the clerk or justice where the attachment is returnable; and should any such bond be forfeited according to its conditions, the officer taking the same shall forthwith enter Execution to thereon the necessary endorsement of forfeiture, and the clerk or jus- plevin bonds, tice shall immediately issue execution on the same against all the ob- or bonds for ligors therein; which duties of clerks and other officers shall be per- of property, formed under all the penalties and responsibilities prescribed in cases when forfeitof the forfeiture of forthcoming bonds, and bonds for the trial of the right of property in other cases: Provided, That for satisfactory cause Executions shown, any of the judges may supersede such execution, either may be suwholly or in part, and upon such security as the judge granting the same may deem proper.

ed.

perseded.

ing attach

§ 12. Whenever any officer may be required to levy an attachment, Officer levysuch officer may require the plaintiff in the attachment, to execute to ment may rehim a bond of indemnity, in order to secure such officer, if it should quire indemafterwards appear that the property levied on does not belong to the defendant.

nity.

any time be

ment.

§ 13. Any person against whose estate an attachment has issued, Defendant his or her attorney, agent or factor, may, at any time before final judg- may replevy ment entered, or a writ of inquiry executed, upon giving special bail, fore judg replevy the estate so attached, and plead to issue, so that the plaintiff' is not thereby delayed of his trial: Provided, That the defendant shall May plead not be required to give special bail, before he is admitted to appear cial bail. and plead.

without spe

dents may be

§ 14. If the inhabitant of any other government have no goods or Lands of chattels within this state, but has lands within it, the sheriff shall exe- non-resi cute such attachment upon his lands or tenements, agreeably to the levied on. provisions of the act concerning executions; and in case of the death of any debtor residing out of the limits of this state, having lands or other property therein, the creditor resident within the territory shall Executors in like manner be entitled to recover by attachment, against the ex- trators liaecutors and administrators; and execution shall issue accordingly ble, &c. against the property so left within the state.

and adminis

residents to

fendant.

§ 15. When any process in the nature of an attachment shall issue, Attachments and the defendant resides without the limits of this state, and has no against nonagent or attorney within the same, no judgment shall be rendered on be stayed. such attachment, until six months after the issuance thereof, or until the defendant be notified by conveying a notice to him or her by mail, when his or her residence is known, or by advertising the same in the manner the judge or justice issuing the attachment may direct, when the defendant's residence is unknown, which notice, it shall be Notice to dethe duty of the judge or justice to cause to be given, when the same can conveniently be done, and all proceedings on the attachment may at the discretion of the court or justice, be stayed for such time as the circumstances of the case may require, not exceeding one year from Stay not to the issuance thereof; and if the defendant appear, put in bail, and plead within the time limited for his or her appearance, his estate so attached shall be liberated, or if sold, the proceeds thereof refunded Estate disto him; and the garnishee or garnishees, if any, discharged; and it tail and shall be lawful for the jury, in case of such non-residents, to give as plea. damages legal interest upon the plaintiff's recovery, during the time ing continu of such extraordinary continuances.

exceed one

year.

Interest dur

ance.

§ 16. After judgment on attachment against non-residents, the Plaintiff to give security plaintiff shall before sale, and after execution is awarded, find secu-Before sale of rity, who shall undertake for him, that if the defendant in the attach- non-resi ment shall within a year and a day next following, by himself or

dent's estate.

Plaintiff may amend de

attorney, disprove or avoid the debt recovered by the plaintiff against him, or shall discharge the same with costs, that then the plaintiff shall restore to the defendant the goods or effects, or the value thereof, by the plaintiff attached and condemned, or so much thereof as shall be disproved or discharged, or else they will do it for him; which bond shall be taken and approved by the officer required to make the sale, and by him deposited with the other papers in the

cause.

§ 17. The attachment law of this state shall not be rigidly and fects of form. strictly construed; and in all suits commenced by original attachment, the plaintiff, before or during the trial, shall be permitted to amend any defects of form in the original papers, should the judge or justice be satisfied that such defects were not made for the purpose of defrauding the defendant in such suit.

Who defend.

§ 18. The person whose goods or effects are attached, shall be callant, and who ed the defendant in the attachment, and the person in whose possession they are attached, shall be called the garnishee.

garnishee.

Garnishee

shall be summoned.

Shall answer.

Proceedings against gar

contempt.

§ 19. When any officer shall serve an attachment in the hands of any person supposed to be indebted to, or supposed to have any of the effects of the defendant, he shall at the same time, summon such person as a garnishee in writing, to appear at the court, or before the justice where the attachment is returnable, within the first four days of the first term of the court, if returnable to court, or at the time of the return of the attachment, if returnable before a justice of the peace, there to answer upon oath, what he or she is indebted to the defendant, and what effects of the defendant he or she has in his or her hands, and had at the time of serving the attachment, and what effects or debts of the defendant, there are in the hands of any other, and what person, to his or her knowledge or belief: And it shall be lawful upon his or her appearance and examination, to enter up judgment and award execution against any such garnishee for all sums of money acknowledged to be due to the defendant, from him or her; and for all effects and estate of any kind, belonging to the defendant, in his or her possession or custody, for the use of the plaintiff, or so much thereof as may be sufficient to satisfy the debt and costs, and all charges incident to levying the same; and all goods and effects whatsoever in the hands of any garnishee, belonging to any defendant, shall be liable to satisfy the plaintiff's judgment, and shall be delivered to the officer serving the attachment.

§ 20. Where any garnishee shall be returned by the officer, sumnishees for moned in manner aforesaid, and shall fail to appear and discover on oath as by this act is directed, it shall be lawful for the court, and it is required after calling the garnishee, to enter a conditional judgment against him, upon which a scire facias shall issue against such garnishee, returnable to the next term of the court, to show cause why final judgment should not be entered against him: And upon such scire facias being duly executed and returned, if such garnishee shall nisi and sci. fail to appear according to the mandate thereof, and discover on oath in manner aforesaid, the court shall confirm such judgment, and award execution for the plaintiff's whole judgment and costs.

Judgment

fa.

vs. garnishee

Proceedings § 21. When the attachment is returnable before a justice of the before justice peace, the garnishee shall be required to appear at the return of the of the peace. attachment, and answer upon oath, as in the foregoing section and in

case any garnishee so summoned shall fail to appear and answer as above required, the justice shall enter judgment by default against such garnishee; and if the garnishee appear and answer within ten days, said judgment shall be set aside, and such judgment entered as

the justice of the case requires; but if the garnishee fail to appear within ten days after judgment by default, the justice shall issue a second summons, commanding the garnishee to appear at a time certain; and if the garnishee fail to appear at said time, final judgment shall be entered against him, for the amount of the plantiff's demand, and costs of suit, upon which execution shall issue.

may

ering the pro

final judg

§ 22. In all cases when any garnishee may have in his possession Garnishee any property belonging to the defendent, or be indebted to him in any charge himspecific property, he shall be at liberty at any time within twenty self by deliv days after final judgment entered against him as garnishee, to deliver perty in 20 the same to the officer serving the attachment, or holding the execu- days after tion, in discharge of himself, and the same shall be sold to satisfy the ment. judgment against the defendant. And it shall be the duty of the proper officer, to demand the property deposed to be due from, or in the possession of any garnishee, at the usual place of residence of such garnishee, within a reasonable time after the final judgment rendered.

pears to bave property, or

§ 23. If, upon the examination of any garnishee, it shall appear If on exami that there is any of the defendant's estate in the hands of any other nation of garnishee, person who has not been summoned, or that any other person is in- any other apdebted to the defendant, the court or justice shall, upon motion of the plaintiff, grant a judicial attachment, to be levied in the hands of such be indebted, person or persons, so holding property of, or indebted to the defend- summoned. ant, who shall appear and answer, and be liable as other garnishees.

he shall be

§ 24. The defendant may, in all cases, show by competent testi- Defendant mony, that a garnishee is indebted to him in a greater amount than he may contest is willing to admit on oath.

garnishee's

answer.

contest an

swer.

§ 25. The plaintiff wishing to controvert the garnishee's answer, Plaintiff may may do so by making oath, that he believes the same to be incorrect; whereupon, an issue shall be formed and tried as in other cases. § 26. Every garnishee shall be allowed out of the effects attached, Allowance to reasonable satisfaction for his attendance; and where no goods are attached, the same shall be taxed against the party causing such garnishee to be summoned.

garnishees.

§ 27. All laws heretofore passed on the subject of attachments, ex- Repeal of for cept such as relate to the powers of courts over defaulting suitors and mer laws. officers, and in enforcing their orders, judgments, and decrees, are hereby repealed.

ATTORNEYS.

Attorneys to

§ 1. No person shall be permitted to practise as counsel or attorney 1807—(4) at law, in any of the courts of this territory, without previously pro- be licensed ducing to the court a license; and in the presence of such court and sworn. shall take an oath to support the constitution of the United States, and also the following oath of office :-"I, A. B. do solemnly swear Oath of of (or affirm), that I will honestly demean myself in the practice as coun- fice. sel or attorney; and will, in all respects, execute my office according to the best of my knowledge and abilities." And if any person shall presume to practise as counsel or attorney, without being licensed and qualified as aforesaid, he shall forfeit the sum of two hundred dollars for every cause he shall prosecute or defend, in any court in this territory, one-half to the use of the informer, and the other half to the

Convicted felons not

practise.

use of the territory; to be recovered by action of debt in any court of record.1

§ 2. Every person that hath already been, or shall hereafter be conadmitted to victed of any felonious crime, shall be incapable of obtaining such license; or if licensed, the judges of any court in which such person may practise, on proof thereof being made to them, may suspend his license.

perior courts,

cense for

Judges of su- § 3. If the judges of the superior courts, from their own observation, may suspend detect any malpractice in the said courts, in any counsel or attorney of or vacate li- those courts; or if complaint in writing be made to them of such malmalpractice. practice in the said courts, or in the county courts of any county, the party accused shall be summoned to show cause why an information After infor should not be filed against him: and if such information should be mation filed, ordered, and the counsel or attorney so offending should be found guilty of the matter therein charged, the said judges of the superior courts may either suspend his license during a certain time, or vacate and jury em- it altogether, as they shall judge most proper; first ordering a jury to pannelled. be empannelled for the trial of such information. And the judges of Liability of the superior and justices of the county courts, shall have power to fine attorneys for any attorney for misbehavior or contempt offered to them, and may contempt, cause any attorney practising in said courts, to find security for his good behavior.

&c.

Attorneys liable for neglect.

Proceedings against at

§ 4. If any suit shall be dismissed for the non-attendance or neglect of any attorney, practising either in the superior or county courts, not having a just and reasonable excuse, it shall be at his cost. And he shall moreover be liable for all damages his client may sustain, by such dismission, or any other neglect of his duty, to be recovered in any court of record.

5. Every attorney receiving money for his client, and refusing to torney who pay the same when demanded, shall be proceeded against in a sumrefuses to mary way, on notice before any court of record, in the same manner ney received, as sheriffs are, or may be liable to be proceeded against, for money

pay over mo

or fails to enter an appearance.

Only two can argue on one side.

Penalty for acting under

before action

received on executions.

6. In all cases where the sheriff is, or may be authorized by law, to take the engagement of an attorney endorsed upon the writ, that he, such attorney, will appear for the defendant or defendants, every attorney thus entering into such engagement, who shall fail to enter an appearance agreeably thereto, shall forfeit to the defendant or defendants twenty-five dollars; for which judgment shall be immediately entered, and execution issued thereon.

§ 7. The judges of the superior courts, and the justices of the county courts, shall not suffer more than two attorneys to argue on any side, in any suit.

§ 8. If any attorney, or other person practising as an attorney, shall power of at presume to appear under any power of attorney, made before action torney made brought, for confessing or suffering judgment to pass by default or brought. otherwise, for any defendant in any court of record within this territory, he shall for every such offence, forfeit and pay two thousand dollars to such defendant, for his or her own use; to be recovered with costs by action of debt or information, in any court of record; and moreover shall be liable to an action for damages, at the suit of the party aggrieved.

Certain civil

officers not

9. No justice of the peace, sheriff, or under sheriff, or clerk of to appear as any court, shall appear or plead as attorney for any person or persons

attorneys.

1 Attorneys are also required to take an oath against duelling-See "Duelling."

whatsoever, in the court of the county whereof he is a member, officer, or clerk; except only as general attorney for any person or persons not residing or being within this territory, under penalty of being fined by such court, in the sum of fifty dollars for every such offence, to the use of the same county, towards lessening the levy thereof.

Sec. 1.

grant li

10. Hereafter no person shall be permitted by any court to prac- 1819—(7) tise therein as counsellor or attorney at law, unless he shall have ob- Supreme tained a license from the supreme court of this state; and it shall court to be the duty of the said court, when application shall be made by any censes. person for a license as aforesaid, on his producing satisfactory evidence that he sustains a good moral character, to examine or cause to be examined, in open court, the person so applying; and if, after such examination, it be the opinion of said court that he is duly qualified, it shall be the duty of the judges thereof to grant a license under their hands and seals, which shall be attested by the clerk of said court: Provided, That nothing in this act contained shall be so construed, Proviso. as to affect any person who may have obtained a license from the governor of the Mississippi Territory, previous to the division of the same, and was an inhabitant of this state at the time of the adoption of the constitution; or from the governor of the Alabama Territory, or of this state; but such person shall be permitted to practise as counsellor or attorney at law, in any court of law or equity within this state, by virtue of such license.

Officers of court re

from practis

§ 11. No judge or justice of any court, or sheriff, or under sheriff, Ib. Sec. 3. shall appear or plead as attorney in any court in this state; and no clerk or deputy clerk of any court, shall practise as counsellor or at-strained torney in the court of which he is clerk or deputy clerk, under the ing as attorpenalty of being fined by such court, in the sum of fifty dollars for neys. every such offence, to be applied to the use of the county in which the offence shall have been committed.

Sec. 1.

ed as judges to be licensed without examination.

§ 12. When any person shall make application for a license to 1820–(1) practise, and it shall be known to the judges of the supreme court, Persons who that he has presided as a circuit judge in this state, or the Mississippi have presid Territory, it shall be the duty of the said court to grant him a license without examination. § 13. Any two judges of the circuit courts in this state, may grant 1821—(3) licenses to attorneys to practise in the circuit or county courts. § 14. Any judge or justice of the county court, who has been regu- of circuit larly licensed to practise law in this state, shall be allowed to practise in the circuit court of the county in which he resides: Provided, censes. 1821-(6) That he shall not be engaged directly or indirectly in any cause which sec. 4. may have been determined or tried before him.

Sec. 1.
Two judges

court may

grant li

Judge of

county court

in circuit

15. Such judges of the county courts as have been licensed to may practice practise as attorneys at law in this state, are hereby authorized to court of his practise law in the several courts of this state: Provided, That they own county. shall not be absent at the time of holding any court, or on any return 1824 (7) day, required by law for them to hold or appoint.

Proviso.

Sec. 1.

And in the

state.

§ 16. It shall not be lawful for the judges of the several county several courts of this state, to appear or practise as attorneys at law, in any courts of this suit, for or against any administrator, executor, or guardian of the Proviso. 1823-(25) county whereof he is judge, nor shall he appear or practise as an Sec. 1, attorney in any cause, matter, or suit, for or against any public officer Judge of in his official capacity, wherein it is the duty of such judge to take a not to prac bond for the faithful performance of such office, trust, or duty.

1 So much of this section as restricts the power of granting licenses to the supreme court, is repealed.—See § 13.

county court

tise where administra.

tor, &c. is concerned.

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