State's attor pointed. SEC. 3. There shall be appointed by the governor, at neys to be ap- the present session of the general assembly, by and with the advice and consent of the senate, one state's attorney for each judicial circuit in this state, except the circuit in which the attorney general resides; and the person so appointed shall be commissioned by the governor, to continue in office for four years from and after his appointment; and when any additional judicial circuit shall hereafter be created, it shall be filled, and the person commissioned in like manner, to continue in office as heir duties. aforesaid: Each state's attorney shall reside within the circuit for which he is appointed, and shall do and perform all the duties, within the judicial circuit in which he shall reside, which are, by the first section of this act, required of the attorney general, in the circuit in which the said attorney general shall reside: and each of said state's attorneys shall perform such other duties as `may be enjoined on them by law. partly repealed sec 1835. aminations on corpus. SEC. 4. It shall be the duty of the attorney general To attend ex- and state's attorneys to attend, if in their power, the writs of habeas examination of all persons brought on habeas corpus before a judge of the supreme or circuit court, within their circuits respectively; and, if convenient, shall attend the examination in their respective circuits, of persons accused of felonious crimes, on being notified of the same. Conrt may ap prosecute in certain cases. SEC. 5. When the attorney general, or any state's point compe- attorney, shall be interested in any cause or proceeding, tent person to civil or criminal, which it is, or shall be made his duty to prosecute or defend, the court in which such cause is pending, or to be brought, may appoint some competent person to prosecute or defend such cause, and in all cases where the attorney general or state's attorney shall be absent or sick, and unable to attend to the discharge of his duties, the court in which any of his duties are required to be performed, may appoint some competent person to discharge such duties, until the attorney general or state's attorney appear and resume the discharge of his duties; and the person so appointed shall possess the same power in relation to such causes and the business in such court, and shall be entitled to the same fees therefor, as would have been allowed to the attorney general or state's attorney for said services. Att. gen. may SEC. 6. The attorney general shall have a right to call call on state's upon any of the state's attorneys to assist him in the prosecution, or in the defence of any suit in the supreme court, or the trial of any impeachment which it shall be the duty of the attorney general to attend to; and any attorneys to assist. state's attorney being so required shall give his assistance accordingly. SEC. 7. The act entitled "An act for the appointments repealed. of circuit attorneys, and defining their duties and the duties of the attorney general," approved March 23, 1819, and the act entitled "An act supplemental to an act entitled 'An act for the appointment of circuit attorneys and defining their duties, and the duties of the attorney general,' approved March 23, 1819," approved January 18, 1825, be, and the same are hereby repealed. This act to take effect from and after its passage. APPROVED, Feb. 17, 1827. In force Feb. AN ACT to amend an act relative to the duties of the office 5th, 1833. of Attorney General of this state. Be it enacted by the people of the state of Illinois, represented in the General Assembly: That hereafter the attor- Attomey gen ney general of this state shall reside at the seat of gov- shall reside at ernment, and shall prosecute in the circuit in which the seat of governseat of government may be situate, and perform all other duties which are now or hereafter may be enjoined on him by law. ment. APPROVED, Feb. 5th, 1833.. ATTORNEYS AND COUNSELORS AT LAW. AN ACT concerning Attorneys and Counselors at law. In force March 1st, 1833. practice with cense for that SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly: That no person shall be permitted to practice as an attorney or counselor at No person to be law, or to commence, conduct, or defend any action, suit permitted to or plaint, in which he is not a party concerned, in any out having first court of record within this state, either by using or sub- obtained a liscribing his own name, or the name of any other person, purpose... without having previously obtained a license for that purposc from some two of the justices of the supreme court, which license shall constitute the person receiving the same, an attorney and counselor at law, and shall authorize him to appear in all the courts of record within this state, and then to practice as an attorney and counselor at law, according to the laws and customs thereof, for and during his good behavior in said practice, and to demand: Certificate of good moral character. Clerk of the su preme court to keep a roll of attorneys. No person shall so enrolled. Judges of the such fees as are or hereafter may be established for any services which he shall or may render as an attorney and counselor at law in this state. SEC. 2. No person shall be entitled to receive a license as aforesaid, until he shall have obtained a certificate from the court of some county of his good moral character. SEC. 3. It shall be the duty of the clerk of the supreme court to make and keep a roll or record, stating at the head or commencement thereof, that the persons whose names are therein written, have been regularly licensed and admitted to practice as attorneys and counselors at law within this state, and that they have duly taken the oath to support the constitution of the United States and of this state, and also the oath of office as prescribed by law, which shall be certified and endorsed on the said license. SEC. 4. And no person whose name is not subscribed to or written on the said roll, with the day and year when the same was subscribed thereto, or written thereon, shall be suffered or admitted to practice as an attorney or counselor at law within this state, under the penalty hereinafter mentioned, any thing in this act to the contrary notwithstanding; and the justices of the supreme court, in open court, shall have power at their discretion, to strike the name of any attorney or counselor at law from the roll for malconduct in his office: Provided, always, That every attorney, before his name is stricken off supreme court the roll, shall receive a written notice from the clerk of may strike attorneys from the supreme court, stating distinctly the grounds of comthe roll for mis-plaint, or the charges exhibited against him, and he shall after such notice be heard in his defence, and allowed reasonable time to collect and prepare testimony for his justification. And every attorney whose name shall be at any time stricken off the roll by order of the court, in manner aforesaid, shall be considered as though his name had never been written thereon until such time as the said justice in open court shall authorize him to sign or subscribe the same. conduct. D. A6.90 money collect SEC. 5. Every attorney and counselor at law, receiving Attorney refu- money for the use of his client, and refusing to pay the sing to pay over same when demanded, may be proceeded against in a ed for his client. Summary way on motion; and all attorneys and counselors at law, judges, clerks, and sheriffs, and all other officers of the several courts within this state, shall be liable to be arrested, and held to bail, and shall be subject to the same legal process, and may in all respects be prosecuted and proceeded against in the same courts, and in 1842-5 poj the same manner as other persons are, any law, usage, or custom to the contrary notwithstanding. Provided, nevertheless, said judges, counselors, or attorneys, clerks, sheriffs, and other officers of said courts, shall be privileged from arrest while attending courts, and whilst going to and returning from court. SEC. 6. No person shall be permitted to practice as Judges not per-an attorney or counselor at law, by instituting, conduct- mitted to pracing, or defending any action, suit or plaint in any court tice as attor of this state, or of the United States, who holds a com-neys. mission as a justice of the supreme or circuit courts; nor shall any person who holds a commission as a coroner, sheriff, or county commissioner, or who acts as deputy sheriff, jailer, or constable within this state, be permitted to practice as an attorney or counselor at law in the court in which he presides as justice of the supreme or circuit court, or county commissioner; nor shall such coroner, sheriff, deputy sheriff, jailer, or constable be permitted to practice as aforesaid, in the county in which he is commissioned or appointed, nor shall any clerk of the supreme court, circuit court, or court of the county, be permitted to practice as an attorney or counselor at law in the court of which he is clerk, and no person shall be permitted or suffered to enter his name on the roll or record, to be kept as aforesaid, by the clerk of the supreme court, or do any official act appertaining to the office of an attorney or counselor at law, until he hath taken an oath to support the constitution of the United States and of this state, and the person administering such oath, shall certify the same on the license, which certificate shall be a sufficient voucher to the clerk of the supreme court, to enter or insert, or permit to be entered or inserted on the roll of attorneys and counselors at law, the name of the person of whom such certificate is made. SIC. 7. The following oath of office shall be adminis- Oath of office. tered to every attorney and counselor at law, before they subscribe the respective rolls, to wit: I swear, or affirm, that I will, in all things, faithfully execute the duties of an attorney at law, or counselor at law, (as the case may be,) according to the best of my understanding and abilities. shall be allow SEC. 8. Any person producing a license or other satis- Persons from factory voucher, proving that he hath been regularly other states proadmitted an attorney at law, in any court of record ducing a license within the United States, that he is of good moral char- e to practice. acter, may be licensed and permitted to practice as a counselor and attorney at law, in any court in this state, without examination. Sec. 9. If any person or persons, not licensed as aforePersons not li- said, shall receive any money, or any species of property censed receiv- as a fee or compensation for services rendered, or to be ing fees. rendered by him, as an attorney or attorneys, counselor or counselors at law within this state, all money so received by him shall be considered as money received to the use of the person paying the same, and may be recovered back, with costs of suit, by an action or actions for money had and received; and all property delivered or conveyed for the purpose aforesaid, or the value thereof, may be recovered back, with costs of suit, by the person conveying or delivering the same, by action of detinue or trover and conversion, and the person or persons receiving such money or property shall forfeit threefold the amount or value thereof, to be recovered, with costs of suit, before any magistrate, if within à magistrate's jurisdiction; but if not, in any court of record within the state, by action of debt, qui tam, the one half to the use of the person who shall sue for and recover the same and the other half to the use of the county in which such suit shall be brought; and if any person or persons shall sign or cause to be signed the name of an attorney, or either of the justices of the supreme court, to any certificate or license provided for by this act, with an intent to deceive, such person shall be deemed guilty of forgery, and shall be prosecuted and punished accordingly. Forging a license. Piff's and de fendants may prosecute and defend in pro per person. SEC. 10. Plaintiffs shall have the liberty of prosecuting, and defendants shall have the privilege of defending in their proper persons, and nothing herein contained shall be so construed as to affect any person or persons heretofore admitted to the degree of an attorney or counselor at law, by the laws of this state or of the Illinois territory, so as to subject them to further examination, or make it necessary for them to renew their license. SEC. 11. Hereafter, when any counselor or attorney at law, residing in any of the adjacent states or territoAttorneys re siding in adja- ries, may desire to practice law in this state, such coundent states.selor or attorney shall be allowed to practice in the several courts of law in this state, upon the same terms, and in the same manner that counselors and attorneys at law residing in this state now are or hereafter may be admitted to practice law in such adjacent state or territory. The act of 1819, on the subject of attorneys at law, is hereby repealed. This act to take effect, and be in force from and after its passage.. APPROVED, March 1st, 1833,. |