be stricken from the roll, by order of the court, in the 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. liable to arrest in same manner officers of courts, and prosecution as other persons. 23. SEC. 8. All attorneys and counselors at law, judges, Attorneys and 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 the same manner as other persons are, any law, usage or custom to the contrary notwithstanding; provided, nevertheless, said judges, counselors, attorneys, Privileged from clerks, sheriffs, and other officers of said courts, shall be ing to, returning privileged from arrest while attending courts, and while tendance at going to and returning from court. arrest while go from or in at courts. Certain officials tain courts. 24. SEC. 9. No person who holds a commission as judge of any district court, shall be permitted to practice not permitted to as attorney or counselor at law in the court in which he presides as judge of the district court, nor shall any 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 or district court be permitted to practice as an attorney or counselor at law in the court in which he is clerk; and no person shall be permitted to enter his name on the roll or record to be kept as aforesaid by the clerk of the Attorney to take 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 the constitution 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 to whom such certificate is made. 25. SEC. 10. The following oath of office shall be administered 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 oath, to be certi fied on license, before name shall be entered on roll. Oath of office. [Amendment, 1874.] other states without examination. How admitted in vacation. Fees collected by sons may be recovered back. of an attorney and counselor at law to the best of my understanding and abilities. 26. SEC. II. That any person producing a license from Attorneys from any court of record, or a duly authenticated copy of the may be admitted record of any court of record in the United States, showing that he has been regularly admitted an attorney at law in any court of record in the United States; and it appearing to the satisfaction of the judges of the supreme court, or a majority thereof, that he is a man of good moral character, he shall be licensed and permitted to practice in all the courts of the state without examination. Persons producing such evidence of their admission as attorneys at law in other states or territories may make application to the judges of the supreme court in vacation, and two or more of the said judges shall issue a license to such person in the same manner as if such application was made to the supreme court. 27. SEC. 12. If any person, not licensed as aforesaid, unlicensed per- shall receive any money or any species of property as a fee or compensation for services rendered, or to be rendered by him as an attorney or counselor 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. for money had and received; and all property conveyed or delivered, 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 receiving such money or property, shall forfeit threefold the amount or value thereof, to be recovered, with costs of suit, before ceiving fee by any magistrate, if within a 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; False signing of and if any person shall sign, or cause to be signed, the cense, forgery. name of any attorney, or either of the justices of the supreme court, to any certificate or license, provided for in this chapter, with intent to deceive, such person shall be deemed guilty of forgery, and shall be prosecuted and punished accordingly. Penalty for re unlicensed person. certificate or li or may appear in Attorneys here tofore admitted not subjec to examination or renewal of license. 28. SEC. 13. Plaintiffs shall have the liberty of prose- Parties in action cuting, and defendants shall have the privilege of defend- person. ing, in their proper persons, and nothing herein contained shall be so construed as to effect any persons heretofore admitted to the degree of attorney or counselor at law in this state, so as to subject them to further examination, make it necessary for them to renew their license. 29. SEC. 14. Whenever any counselor at law residing Attorneys from in any of the adjacent states or territories, may have any may be admitted business in any of the courts of this state, he may be admitted, on motion, for the purpose of transacting such business, and none other. adjacent states specially. Officers having persons in custoattorneys to have dy shall permit private consulta oner. 30. SEC. 15. All public officers, sheriffs, coroners, jailers, constables, or other officers or persons, having in custody any person committed, imprisoned, or restrained of his liberty, for any alleged cause whatever, shall, except in tion with priscases of imminent danger of escape, admit any practicing attorney at law in this state whom such person restrained of his liberty may desire to see or consult, to see and consult such person so imprisoned, alone and in private, at the jail or other place of custody; any officer yiolating this provision shall forfeit and pay one hundred dollars to lating this prothe person aggrieved, to be recovered by action of debt, in any court of competent jurisdiction. Penalty for vio vision. Attorney shall not become se bond of sheriff nizance without consent of judge. 31. SEC. 16. No attorney or counselor at law, or solicitor in chancery, shall become surety in any bond or recog-curity on official nizance of any sheriff, constable, or coroher, or in any boc, or in recogbond or recognizance for the appearance of any person or persons charged with any public offense; or upon any bond or recognizance authorized by any statute, to be taken for the payment of any sum of money into court, in default of the principal, without the consent of a judge of the district first had, approving said surety. Shall have lien ment recovered for their fees. 32. SEC. 17. All attorneys and counselors at law shall have a lien upon any money or property in their hands, or on money collected or judgupon any judgment they may have attained, belonging to any client, for any fee or balance of fees due, or any professional services rendered by them in any court of this state, when said lien may be enforced by the proper civil action. License not required to practice in county court in matters of probate. 33. SEC. 18. Nothing in this chapter shall be construed so as to prevent any male citizen over the age of twenty-one years, of good moral character, from practicing as an attorney in the probate courts of this state, without having obtained a license as an attorney, as provided herein. Auctioneer licensed to sell CHAPTER VI. AUCTIONS. [Revised Statutes, Chap. VIII.] 34. SECTION 1. Any person who may be licensed in stock shall keep this state to keep an auction, where horses, mules or cattle register describ offered for sale. ing every animal are sold at action, shall open a book called a "stock register," in which he shall describe minutely every animal he shall so offer for sale. What shall be entered in register. Fee for registration of stock. Book to be open for inspection dence in courts. 35. SEC. 2. In such register shall be recorded the person's name who brings forward such animal for sale, and whether or not he is the owner of the same, and if not the owner, the name of the owner, with his residence; also, the color, brand or marks, size and age, as near as may be, of the animal so offered for sale. 36. SEC. 3. The keeper of such auction shall be entitled to charge and receive for the registering of each animal so entered in his register, before he shall offer the same for sale, the sum of twenty-five cents, and all "stock registers" shall be open for inspection and reference to any person who may wish to examine the same, and shall be evidence in any court where the trial of the right of property may be had. 37. SEC. 4. Any person who shall hereafter offer for and shall be evi- sale at auction, any animal named in section one of this chapter, without first having complied with the requirements of this chapter, shall, upon conviction thereof, before a court of proper jurisdiction, be fined in the sum of twenty-five dollars, to be collected as other fines, and paid into the county treasury for the use of the county. Penalty for violation of section one. 38. SEC. 5. All auctioneers, commission merchants, and other persons who shall keep a place or stand for publicly vending horses, mules and horned cattle, or either stand for public shall keep record tion of animal of them, shall, in a book kept for the purpose, keep a true Persons keeping and faithful record of all the animals purchased or sold by sale of stock them, or under their control, which record shall contain a of sales, descripbrief description of the animal, including its age, value and names of and marks, brands and date of purchase and sale, and chaser. the name and residence of the seller and purchaser, in each case. seller or pur Record shall be open to in 39. SEC. 6. The record provided in section one of this act, shall be open to the inspection of all persons during spection." the ordinary business hours of the day. lation of this 10. SEC. 7. Any person offending against the provis- Penalty for vioions of this act, shall be fined in a sum not less than ten act. nor more than one hundred dollars, in the discretion of the court, to be recovered in any court of competent jurisdiction, with costs of suit. ered, to be paid treasury. 41. SEC. 8. All fines recovered under the provisions Penalties recovof this act, shall be paid into the county treasury of the into county proper county, and appeals shall be allowed to the district court as in civil cases. Appeals allowed. CHAPTER VII. BOARD OF AGRICULTURE. AN ACT TO ESTABLISH A STATE BOARD OF AGRICULTURE AND TO Be it enacted by the General Assembly of the State of Colorado: 42. SECTION I. That a board is hereby constituted Who shall conand established, which shall be known by the name and stitute Board. style of "the state board of agriculture." It shall consist of eight members, besides the governor of the state and the president of the state agricultural college, who shall be ex-officio members of the board. The governor, by and Governor to fill with the consent of the senate, on or before the third Wed- vacancies by appointment. nesday of January of each biennial session of the general assembly, shall appoint two members of the board to fill the vacancies that shall next occur, which vacancies shall be so filled that at least one-half of the appointed members of the board shall be practical farmers. |