him a license to practice in the several courts of this State, which license shall be entered upon the minutes of the courts as is prescribed in the preceding section. (b) amination. SEC. 4. If an application shall be made to any of the Judges of their exof said Circuit Courts in term time by any person for a license to practice in said courts, or if, from any other cause, it shall be inconvenient for said Judge personally to examine into the qualifications of the applicant, he may require the examination to be made by two members of the bar, who shall be previously sworn faithfully to examine and report as to the qualifications of the applicant, and if they shall seport to him that the said applicant is qualified to practice in said courts, such examination shall be as effectual as though it had been made by said Judge in person. (b) SEC. 5. No person shall be permitted to practice in any of Oath. said courts until he shall have taken an oath to support the Constitution of the United States, and honestly to demean himself in his profession, and exercise the duties thereof to the best of his skill and abilities. (b) SEC. 6. Marshals, sheriffs, clerks of courts and their deputies who may not shall not be permitted to practice law in any of said courts; practice law. nor shall any person convicted of an infamous crime be permitted to practice therein. (b) SEC. 7. Nothing herein contained shall be construed to pre- Appearance vent any person from managing his own cause in any of the pro. per. courts of this State. (b) over collections SEC. 8. If any attorney shall collect money for his employers Penalty for reand refuse to pay it over on demand, he shall be stricken from fusing to pay the list of attorneys, and shall not be allowed to practice within this State until he shall pay over the money to his client or legal representative, and he shall also be liable to a suit for the same, and subject to a penalty of ten per cent. for every month he shall detain the same after a demand regularly made. (b) CHAPTER 9. ATTORNEY-GENERAL. 1. Duties of Attorney-General. 5. Secretary of State to furnish 2. Where residence to be kept; Attorney-General with copies of duties specified. 3. When another may be appointed Attorney-General ad interim. 4. Duty of Attorney-General as to preparing forms, &c. laws; duty of Attorney-General as 6. Attorney-General to make (b) Secs. 2, 3, 4, 5, 6 and 7. Act of November 10, 1828. Attorney-General-duties. Residence and duties. 12 Fla.. 191. 14 Fla., 256. 7. Attorney-General shall not defend criminals. 8. To superintend State Attorneys, and to give opinions. 9. To render professional services to Cabinet officers when called upon. 10. To prescribe regulations as to time of State Attorneys making reports. 11. To be Reporter of Supreme Court. 12. When Attorney-General not to report any decision of Supreme Court. 13. Clerk of Supreme Court to furnish Attorney-General with copies, &c., of Reports; AttorneyGeneral must take receipts for books from successor. SECTION 1. The Attorney-General shall be the legal adviser of the Governor, and of each of the Cabinet officers, and shall perform such other legal duties as the Governor may direct, or as may be provided by law. He shall be Reporter of the Supreme Court. (a) SEC. 2. The Attorney-General shall reside at the seat of Govspecification of ernment, and shall keep his office in a room in the Capitol to be assigned him by the Governor; that he shall perform the duties prescribed by the Constitution of this State, and also perform such other duties appropriate to his office, as may from time to time be required of him by law, or by resolution of the General Assembly; that he shall, on the written requisition of the Governor, Secretary of State, Treasurer, or Comptroller, give his official opinion and legal advice in writing on any matter touching their official duties; that he shall appear in and attend to in behalf of the State, all suits or prosecutions, civil or criminal, or in equity, in which the State may be a party, or in anywise interested, in the Supreme Court of this State; and when required so to do in writing by the Governor of the State, he shall appear in and attend to such suits or prosecutions in any other of the courts of this State, or in any court of any other State, or of the United States; and that he shall make and keep in his office a record of all his official acts and proceedings, containing copies of all his official opinions, reports, and correspondence, and also keep and preserve in his office all official letters and communications to him, and cause a registry and index thereof to be made and kept, all of which official papers and records shall be subject to the inspection of the Governor of the State, and to the disposition of the General Assembly by act or resolution thereof. (b) Appointment ad interim. To prepare SEC. 3. In case of the disability of the Attorney-General to perform any official duty devolving on him, by reason of interest or otherwise, the Governor or Attorney-General of this State may appoint another person to perform such duty in his stead. (b) SEC. 4. It shall be the duty of the Attorney-General of this forms and laws State to attend all sessions of the General Assembly, and upon for publication. (a) Sec. 3, Art. VII., Const. 1868. (b) Secs. 3 and 4, Chap. 2, Act of July 23, the passage of any act to draft and submit to the General Assembly, at the same session, all necessary forms of proceedings under such laws, which, when approved by the General Assembly, shall be published therewith. (b) SEC. 5. Within ten days after the final adjournment of any copies for Atsession, the Secretary of State shall furnish to the Attorney-torney-General. General a fair copy of all the acts and resolutions passed at that session, who shall prepare and attach thereto marginal ab- Marginal notes stracts to the several sections, and a general alphabetical index and index. to the entire acts and resolutions, and deliver the same to the State printer. (c) SEC. 6. It shall be the duty of the Attorney-General of this Report upon State to make a written report to the Governor of this State, effect of laws. five days before the first day of every session of the General Assembly of this State, as to the effect and operation of the acts of the last previous session; the decisions of the courts thereon, and referring to the previous legislation on the subject, with such suggestions as in his opinion the public interest may demand; which report shall be laid before the Legislature by the Governor with his first message. (b) SEC. 7. It shall be a misdemeanor in office for the Attorney- Shall not deGeneral to take or receive any fee for defending any supposed fend criminals. offender in any of the courts. (b) torneys and SEC. 8. The Attorney-Genernal shall exercise a general su- Attorney-Genperintendence and direction over the several State Attorneys eral to superinof the several Circuits as to the manner of discharging their tend State Atrespective duties, and whenever requested by the State Attor- give opinions. neys shall give them his opinion upon any question of law. (d) fessional ser SEC. 9. Whenever any Cabinet officer gives the Attorney- To render proGeneral notice that the interests of the State require the ser- vice on notice vices of counsel upon the examination of witnesses touching from Cabinet any claim or report, the legal investigation of any subject pending before such officer, the Attorney-General shall render such service. (d) officer. regulations as State Attorneys preme Court Decisions. SEC. 10. The Attorney-General shall prescribe the time and To prescribe manner in which regular quarterly reports shall be made to to reports of him by State Attorneys, and it shall be their duty to comply with his instructions in this respect. The Attorney-General Report Sushall report decisions of the Supreme Court of the State of Florida in book form. (d) SEC. 11. It shall be the duty of the Attorney-General to re- Reporter of Suport the decisions of the Supreme Court, under such rules, preme Court. regulations, and restrictions as may be provided by law. (e) SEC. 12. The Attorney-General shall not report any decision unless sanctioned by a majority of the Judges of the Supreme Court. (e) 2. 1845. 1872. Secs. 5, 6 and 7, Chap. 2, Act of July (d) Secs. 1, 2, and 3, Chap. 2098, Act of Feb. 27, 1877. (e) Secs. 7 and 10, Chap. 2, Act of July 26, 1845. Clerk to deliver SEC. 13. The Clerk of the Supreme Court be and is hereby copies to Attor- directed to deliver to the Attorney-General a copy of each volney-General. ume or part of volume of the decisions of the Supreme Court of Florida which may be in the care or custody of said Clerk and which the Attorney-General's office may be without, and take the Attorney-General's receipt for the same. The Attorney-General shall keep the same in his office at the Capitol, and each retiring Attorney-General shall take the receipt of his successor for the same and file such receipt in the Treasurer's office: Provided, That this shall not authorize the taking away of any book belonging to the Supreme Court library kept for the use of said court. (f) Receipts. CHAPTER 10. AUCTIONEERS. how appointed. 1. Auctioneers, how and by whom sell by deputy. appointed; term of office. 2. Auctioneers to give bond; conditions of bond; how proceeded upon; bond to be recorded. 3. Auctioneers shall keep record of sales. 4. Books of Auctioneer open for inspection duty of State Attorney in certain cases. 6. Persons selling goods without license as Auctioneer liable to indictment. 7. Persons selling their own private property not required to employ Auctioneer. 8. Sale of certain property not subject to Auction tax. 9. Commissions allowed Auc 5. Penalty for Auctioneer to tioneers. SECTION 1. There shall be appointed and commissioned by Auctioneers the Governor of this State, in each and every county within this State, a suitable number of fit and discreet persons, who shall reside within the county for which they shall be appointed, to act as auctioneers at all public sales by auction, except sales under and by virtue of any execution at common law, decree in chancery, or of any property belonging to the State, or any county thereof, or by any executor, administrator, or guardian in relation to property sold by them in that capacity. All persons appointed under the authority of this act, shall hold their offices for the period of two years. (a) give bond. SEC. 2. Every auctioneer appointed in this State shall, beAuctioneers to fore he enters upon the duties of his office, file in the office of the Comptroller of Public Accounts a bond, payable to the Governor of the State of Florida, or his successors in office, with two or more securities, to be approved by the Judge of (a) Chap. 2055, Act of Feb. 24, 1875. (f) Sec. 1, Chap. 3264, Act of Feb. 16. the County Court, in the county for which such autioneer was appointed, and in such sum or penalty as the said Judge of the County Court shall prescribe, which bond shall be conditioned that the said person appointed auctioneer shall well and truly perform all the duties of his office as prescribed law; and the said bond shall not be void upon the first recovery, but may be proceeded upon, from time to time, until the whole penalty thereof shall be collected; and the same shall be recorded, at the expense of such autioneer, in the office of records for the county for which he was appinted, and be forwarded by such auctioneer to the said Comptroller; and until said bond is received at the said Comptroller's office, no commission shall be issued by the Governor to such auctioneer. (b) SEC. 3. That each auctioneer in this State shall keep a full Record to be and fair record of all the sales by him; which record shall be kept. open to the inspection of the tax collector whenever he shall require it. (c) inspection. State Attor SEC. 4. The books and records of sales of all auctioneers in Books open to this State shall be open to inspection, at all times, of the respective State Attorneys, and it shall be the duty of said State Attorneys, from time to time, to examine said books and re-neys' duty. cords, and if he shall discover any fraud or error therein, he shall take such steps, and institute such proceedings in regard thereto as the law shall direct, and inform the Comptroller thereof. (d) SEC. 5. If any auctioneer shall sell any goods, wares, mer- Penalty. chandise, or other produce, at auction, by deputy, or otherwise than in person, such auctioneer and his securities shall pay a fine of two thousand dollars to the State, for every sale so made, to be recovered in any court in the State having cognizance of the same. (e) commission. SEC. 6. It shall not be lawful for any person to offer for sale, Sales without or to sell, at auction, any property, whether real or personal, without being first duly commissioned and qualified as auctioneer; and any person so doing shall be liable to indictment, and, on conviction, to a fine of not more than five hundred dollars, at the discretion of the court; and this section shall be given in special charge to the grand jury by the Judges of the Circuit Courts at each term thereof. (f) sale not re SEC. 7. So much of the law regulating auction sales as com- Persons offerpels persons to employ a licensed auctioneer, when offering ing property for their own private property for sale, be and the same is hereby quired to emrepealed; and that hereafter no persons failing or refusing to ploy licensed engage the service of a licensed auctioneer, shall be liable for damages therefor. (g) SEC. 8. There shall be no tax upon sales of property sold Sec. 1, Chap. 222, Act of Jan. 13, 1849 1849. Sec. 6, Chap. 221, Act of Jan. 12, (d) Sec. 3, Chap. 222, Act of Jan. 13, (e) Sec. 2, Act of Feb. 10, 1831. (g) Sec. 1, Chap. 777, Act of Dec. 22, auctioneers. |