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ACTS AND JOINT RESOLUTIONS.

AN ACT Defining the time for Acts and Joint Resolutions to take effect.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. All acts and joint resolutions which declare that they "take effect and are in force from and after their approval by the governor," are hereby declared to so take effect only at the seat of government; and in other portions of the territory allowing twenty miles from the seat of government for each day.

SEC. 2. All acts and joint resolutions which have passed both houses of the legislature, and do not receive the approval of the governor, and which are subsequently passed by a twothirds vote of both houses, shall take effect and be in force, from and after their passage by such two-thirds vote, at the seat of government; and in other places in the territory, allowing twenty miles from the seat of government for each day.

SEC. 3. All acts and joint resolutions which do not take effect from and after approval by the governor, or from and after their passage, as provided in sections one and two of this act, shall take effect and be in force in all parts of the territory upon the day named in the provisions of such acts or joint resolutions.

SEC. 4. This act shall take effect and be in force from and after its approval by the governor. APPROVED, January 4th, 1864.

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AGE OF MAJORITY.

AN ACT fixing the Age of Majority.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. All male persons of the age of twenty-one years, and all females of the age of eighteen years, and who are under no legal disability, shall be capable of entering into any con

tract, and shall be, to all intents and purposes, held and considered to be of lawful age.

SEC. 2. This act shall take effect and be in force from and after its approval by the governor. APPROVED, January 6th, 1864.

ATTORNEYS AND COUNSELLORS.

AN ACT relative to Attorneys and Counsellors at Law. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. All persons admitted to practice in any of the courts of this territory, shall be known as attorneys and counsellors at law.

SEC. 2. Any white male citizen of the age of twenty-one years, of good moral character, and who shall possess the necessary qualifications of learning and ability, shall be entitled to admission as attorney and counsellor in all the courts of this territory.

SEC. 3. Every applicant for admission as attorney and counsellor shall produce satisfactory testimonials of good moral character, and undergo a strict examination, in open court, as to his qualifications, by one of the judges of the supreme court of this territory.

SEC. 4. If upon examination, he be found duly qualified, the court shall admit him as attorney and counsellor in all the courts of this territory, and shall direct an order to be entered to that effect upon its record, and that a certificate of such record be given to him by the clerk of the court, which certificate shall be his license.

SEC. 5. The district court of this territory is authorized to admit, as attorney and counsellor, any white male citizen of the age of twenty-one years, and of good moral character, who possesses the requisite qualifications, on similar testimonials and like examinations as are required by the preceding sections for admission by the supreme court, and may direct its clerk to give a certificate of such admission, which certificate shall be his license to practice in such court.

SEC. 6. Every person, before receiving license to practice law, shall take the oath prescribed by law, and pay over to the

territorial treasurer the sum of ten dollars for the use of the territorial library fund, and the clerk of the court shall require of the person so admitted the receipt of the said treasurer, before issuing such license, and in no case shall the oath be administered and the license issued until such receipt is produced and filed in the office of the clerk.

SEC. 7. The examination may be dispensed with, in the case of a person who has been admitted attorney and counsellor in the highest courts of a sister state or territory; his affidavit of such admission, or his license showing the same, shall be deemed sufficient to entitle him to admission.

SEC. 8. Each clerk shall keep a roll of attorneys and counsellors of the court of which he is clerk, which shall be record of the court.

SEC. 9. If any person shall practice law in any court, except a justice's, recorder's, or police courts, without having received a license as attorney and counsellor, he shall be deemed guilty of a contempt of court, and punished as in other cases of contempt.

SEC. 10. An attorney and counsellor shall have authority: First. To bind his client in any of the steps of an action or proceeding, by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise; Second. To receive money claimed by his client in an action or proceeding, during the pendency thereof, or within one year after judgment and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction in the judgment.

SEC. 11. The attorney in an action, or special proceeding, may be changed at any time before judgment or final determination, as follows: First. Upon his own consent, filed with the clerk, or entered upon the minutes; Second. Upon the order of the court or judge thereof, on the application of

the client.

SEC. 12. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, shall be given to the adverse party; until then he shall be bound to recognize the former attorney.

SEC. 13. When an attorney dies, or is removed, or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney, shall, before any further proceeding be had against him, be required by the adverse party by written notice, to appoint another attorney, or to appear in person.

SEC. 14. An attorney and counsellor may be removed or

suspended by the supreme court, or by any district court in the territory, for either of the following causes, arising after his admission to practice: First. Upon his being convicted of felony or misdemeanor, involving moral turpitude, in either of which cases the record of his coviction shall be conclusive evidence. Second. For misconduct in office, or for good cause shown.

SEC. 15. In case of the conviction of an attorney or counsellor of felony or misdemeanor, involving moral turpitude, the clerk of the court in which the conviction was had shall, within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction.

SEC. 16. The proceedings to remove or suspend an attorney and counsellor, under the first subdivision of section fourteenth, shall be taken by the court on the receipt of the certified copy of the record of convictions; the proceedings under the second subdivision of section fourteen, may be taken by the court for matters within its knowledge, or may be taken upon the information of another.

SEC. 17. If the proceedings be upon the information of another, the accusation shall be in writing, and shall be presented to the court.

SEC. 18. The accusation shall state the matters charged, and shall be verified by the oath of the person making it, or some other person, to the effect that the charges therein contained are true.

SEC. 19. After receiving the accusation, the court shall, if in its opinion the case require it, make an order requiring the accused to appear and answer to the accusation, at a specified time, in the same or subsequent term, and shall cause a copy of the order, and of the accusation, to be served upon the accused, within a prescribed time before the day appointed in the order.

SEC. 20. The accused must appear at the time appointed in the order, and answer the accusation, unless for sufficient cause the court assign another day for that purpose; if he do not appear, the court may proceed and determine the accusation in his absence.

SEC. 21. The accused may answer to the accusation, either by objecting to the sufficiency, or by denying its truth.

SEC. 22. If he object to the sufficiency of the accusation, the objection shall be in writing, but need not be in any spe cific form, it being sufficient if it present intelligibly, the grounds of objection; if he deny the truth of the accusation, the denial may be oral, and without oath, and shall be entered upon the minutes.

SEC. 23. If an objection to the sufficiency of the accusation be not sustained, the accused shall answer forthwith.

SEC. 24. If the accused plead guilty, or refuse to answer the accusation, the court shall proceed to judgment of removal, or suspension; if he deny the matter charged, the court shall immediately, or at such time as it may appoint, proceed to try the accusation.

SEC. 25. The court may, in its discretion, order a reference to a committee to take depositions in the matter, and to report to the court, before proceeding to try the accusation.

SEC. 26. Upon conviction, in cases arising under the first subdivision of section fourteenth, the judgment of the court shall be, that the name of the party be stricken from the roll of attorneys and counsellors of the court, and he be precluded from practicing as such attorney and counsellor in all courts of this territory; and upon conviction in cases under the second subdivision of section fourteen, the judgment of the court may be, according to the gravity of the offence charged, deprivation of the right of practice as attorneys and counsellors in the courts of this territory, permanently, or for a limited period.

SEC. 27. Nothing in this act shall be so construed as to prevent any person from appearing in his own behalf, in any court of this territory.

SEC. 28. This act to take effect and be in force from and after its passage.

APPOVED January 13, 1864.

CHATTEL MORTGAGES.

AN ACT concerning Chattel Mortgages.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. Chattel mortgages may be made on the following property to secure the payment of just indebtedness, viz: Saw-mills, grist-mills, with the machinery connected therewith, printing presses, and printing material, mining claims, with the improvements thereon, quartz mills, with the machinery connected therewith, upholstery and furniture in

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