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property, funds,

made by commissioners.

and of all other accounts and proceedings incident to the management of said asylum; all of which shall be open, and at any time subject to the inspection of any committee or commissioner appointed by the Legislature or by the Governor, for the examination of the same; and it shall be the duty of the board of commissioners for the time being to furnish to the Governor, annually, a statement of the funds, receipts, expenses, and condition of the institution, and of the number of persons received and educated therein during the year immediately preceding, and the parts of the State from whence they came, distinguishing between those having been supported gratuitously and others, which shall be by the Governor laid before the General Assembly within the first week of every session held by it.

$ 5. It shall be the duty of the board of commissioners, Statement of the as soon as the same can be conveniently done, to make out and effects to be a statement of the property, funds, and effects of the insti

tution, of what nature soever the same may be, with an expression of their opinion as to the value of each specific article or item named in the list, as also a statement of the annual profits derived to the asylum therefrom, which shall be furnished to the Governor to be preserved. Any alteration in the character or species of property, and any lessening or increase thereof, shall also, in like manner, be, from time to time, reported to the Governor.

$ 6. The board of commissioners shall have power to apSuperintendent a point a superintendent and teachers for the institution, to

regulate the term of service, define the duties, and fix the salaries thereof; to appoint a president, secretary, treasurer, and such other officers as they may deem necessary; to remove any of the aforesaid employees or officers at pleasure, and fill their places with others; and may make such bylaws as they may deem proper, not in conflict with the Constitution or laws of this Commonwealth. All action of the board of commissioners shall be subject to the control of the General Assembly.

$ 7. Not less than a majority of the board shall constitute Quorum of the a quorum for the transaction of any business; and if from to constitute, and any cause a vacancy shall occur in the board, the fact shall vacancies, how

at once be certified to the Governor, who shall appoint some suitable person to fill the same.

teachers.

filled.

CHAPTER 5

ATTORNEYS.

ART. 1. Attorneys at Law.

2. Non-resident Attorneys.
3. County Attorneys.
4. Attorneys for Commonwealth.
5. Attorney General, duties of.

ARTICLE I.

county court.

tained from cir.

Attorneys at Law. $ 1. No person convicted of treason or felony shall be IR. S., 185

What disqualifies permitted to practice in any court as counsel or attorney at law,

§ 2. Before a license shall be granted to any person to Certificate from practice as an attorney at law, he shall obtain a certificate from the county court of the county in which he resides, that he is a person of honesty, probity, and good demeanor, which may be granted from the personal knowledge of the county judge, or on evidence for and against the motion, and notice to the county attorney.

$ 3. Any person desirous of obtaining a license to prac- How license obtice law in this Commonwealth may, on or before the fourth cuit judges. day of the regular term of any circuit court, or any court of similar judrisdiction, file with the clerk of the court the certificate of the county court required by the preceding section of this article, which filing shall be regarded as an application to the court for such license. On the fourth day of the term, the court shall appoint two gentlemen of the bar, learned in the law, to act as examiners, who, having been first sworn faithfully to discharge that duty, shall proceed on that day to examine the applicants singly or a class, as the examiners may determine, touching their knowledge of the law and capacity to practice the same. To as many as they shall consider qualified, the examiners shall give a written certificate to that effect, which, if indorsed by the judge of the court over his signature “approved," shall be a license to the party to whom given to practice law in all the courts of this Commonwealth. The time for the examination of any applicant may be extended at the discretion of the court.

§ 4. Any person desirous of obtaining a license to pracFrom judges of tice law may present the certificate of the county court to a Court of Appeals

judge of the Court of Appeals, whose duty it shall be to associate with himself another judge of the court, and the two together shall proceed to examine the applicant touching his knowledge of the law, and his capacity to practice the same in the courts of this Commonwealth. If upon such examination the applicant shall be deemed qualified, the two judges shall give him a certificate to that effect, which shall be his license to practice law in all the courts of this Commonwealth.

$ 5. No person shall practice as an attorney at law in any License and oath court until he has obtained a license to do so, and taken the

oath in such court enjoined by the Constitution.
son who is not a licensed attorney may attend to his own

necessary

But a per

case.

son
without license.

lect of client's interest.

§ 6. Any person not having such license, who shall atLiability of per. tempt to practice law in any court in any other than his own practicing

case, shall be liable, upon indictment, to be fined or imprisoned, at the discretion of a jury.

$ 7. If an attorney at law shall be employed to attend to Liability for neg. any professional business, and shall neglect to attend to the

same, after he shall have been paid anything for his services, and his client shall, by such neglect, be damaged, or if such attorney shall attend to the business so unskillfully that his client shall be damaged, such attorney shall be liable to the party injured for all damages and costs he shall have sustained.(a)

$ 8. Upon the request of the party so injured, it shall be Suit against, by the duty of the attorney for the Commonwealth to institute whom prosecuted

and prosecute his suit. If it be taken to the Court of Appeals, the Attorney General shall attend to it for the party injured.

$ 9. An attorney who shall be employed in any profesFee of, when to sional business and receive his fee, and shall not attend to

such business, may be sued in any court having jurisdiction

of the amount, and made to refund the same. (a) An appearance of an attorney for a party in court will be prima facie evidence of authority. (Anderson vs. Sullon, 2 Duvall, 490.)

2. Has no power to compromise a suit, or surrender his client's claim and dismiss his suit. ( Smith vs. Dixon.)

3. He is authorized to do such things as pertain to the conduct and management of the suit in its stages of preparation, and final hearing and decision; and to this extent his acts are bind. ing on his client. (Smith vs. Dixon, 3d Metcalfe, 442.)

be refunded.

ing to pay money

neces. sary,

and limita

monwealth's At.

§ 10. If any attorney at law shall collect the money of his Liability for failclient, and on demand wrongfully neglect or refuse to pay collected. over the same, the circuit court of the county in which the money may be collected, may, after notifying the attorney to show cause against the same, suspend him from practice in any court for twelve months, and until the money shall be paid.

$11. Before any such motion shall be entertained, a de- Demand mand of the money shall be made of such attorney in the tion. county of his residence, and no such proceeding shall take place unless it is commenced within two years next after the collection of the money.(a)

$ 12. It shall be the duty of the Commonwealth's Attor- Duty of Comney for the district, or county attorney for the county, to torney and A. attend to the proceedings in the circuit court under the tenth respect of. and eleventh sections, and the duty of the Attorney General to attend to the same in the Court of Appeals.

$ 13. No attorney at law shall have or keep his office in Not allowed to the clerk's office of either the circuit or county clerk, or clerks' offices. county judge. Any person violating this section shall, upon indictment of the grand jury, be liable to a fine not less than five hundred dollars: Provided, however, That the county judge, if he be a practicing attorney, shall not be required to keep an office separate from his office of county judge. $ 14. No trustee of the jury fund shall practice law in the Trustce of jury

fund, where may county for which he acts as such trustee.

$ 15. Attorneys at law shall have a lien upon any choses Liens of attorin action, account, or other claim or demand put into his or their hands for suit or collection; and when he or they have been employed, by either plaintiff or defendant, in any action which is prosecuted by him or them to recovery, shall have a lien upon the judgment for money or property, either personal or real, which may be recovered in said action-legal costs excepted-for the amount of any fee which may have been agreed upon by the parties, or in the absence of such

not practice law

neys on claims or demands.

(a) An attorney is not liable to an action for money collected by him until after demand and failure to pay. ( Roberts vs. Armstrong's adm'r, ist Bush, 263.)

2. Courts have power to inquire into the official misconduct of an attorney at law. It may be by rule. If the guilt of the party be established, his name may be stricken from the roll.

This power should be exercised with great caution and discretion, and unless manifestly abused, will not be interfered with by the Appellate Court. (Rice vs. Commonwealth, 18 B. M., 493.)

agreement, for a fair and reasonable fee for the services of such attorney.(a)

ARTICLE II.

Non-resident Attorneys. § 1. Attorneys at law of any of the United States, who Attorneys in oth have been regularly admitted to practice in the superior er States--when admitted to prac courts of their own States, may be admitted to practice law uice in Kentucky

in any of the courts of this State. They shall be under the same responsibility for the faithful discharge of their duties as are imposed on attorneys resident in this State.

county officers.

of claims.

&c.

ARTICLE III.

County Attorneys. § 1. Each county attorney shall attend all county courts Business of the held in his county, and shall superintend and conduct all tended to by the cases and business in the court, touching the rights or intercounty attorney.

ests of the county.

§ 2. He shall give the court and the several county offiDuty to advise cers legal advice concerning any county business within the

jurisdiction of any of them.

$ 3. He shall attend the court of claims, and oppose the To attend court allowance of all claims that are not legally presented, or are

unjust.

$ 4. It shall be his duty to oppose the improper grant of Duty to oppose tavern license, and to prosecute an appeal to the circuit of tavern license, court in the name of the Commonwealth, and without secur

ity, if he thinks a license is improperly granted.

$ 5. He shall attend to the prosecution of all riots, routs, To prosecute for and breaches of the peace in his county, except in the cir

&

cuit court, and shall in no instance take a fee in the defense of such case, or act as counsel in any case in opposition to

the interest of the county. To oppose the wrongful altera

$6. He shall oppose the wrongful alteration or discontinution of public

ance of any public road. (a) An attorney has a lien upon claims placed in his hands for reasonable compensation, which attaches as well before as after judgment, and this whether the fee is fixed or not by the parties. The institution and prosecution of the action to judgment is sufficient notice to the adverse party. This lien cannot be defeated by one who, having notice, satisfies the judgment by paying to the plaintiff and taking his receipt. (Stephens & Hermes vs. Farrar Bros., 4 Bush, 13; Wood vs. Anders, 5 Bush, 601.)

NOTE.—This lien is enlarged by the General Statutes.

2. This lien does not attach in an action for unliquidated damages, as in a case for tort, until after judgment. (Wood vs. Anders, 5 Bush, 602.)

3. Payment to plaintiff's attorney is payment to himself. ( (Ely vs. Harvey, Keith ew Co., 6 Bush, 620.)

roads.

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