AN ACT

Incorporating the Alabama State Bar Association.

Section 1. Be it enacted by the General Assembly of Alabama, That Edmund W. Pettus, Leroy P. Walker, Peter Hamilton, James L. Pugh, William M. Brooks, William G. Little, Jr., John Little Smith and Walter L. Bragg, and their associates and successors be and they are hereby made a body corporate under the name of "The Alabama State Bar Association," and with power under that name. to sue and be sued, plea and be impleaded, answer and be answered unto, in any of the courts of law or equity in this State, to have a common seal, and to break or alter the same at pleasure, to have, hold and enjoy real and personal estate of the value of not more than twenty thousand dollars, and in addition thereto a library or libraries of books of law or learning without limitation as to value, to buy, sell or dispose of, or acquire in any way property within the limits aforesaid, and for the purposes and objects of the Association as hereinafter set forth.

Sec. 2. Be it further enacted, That the purpose and objects of the said incorporated Association are hereby declared to be: To advance the science of jurisprudence, promote the aministration of justice throughout this State, uphold the honor of the profession of the law, and to establish cordial intercourse among the members of the Bar of Alabama.

Sec. 3. Be it further enacted, That said Association shall have power to make a constitution, by-laws, rules and regulations for the order and government of said Association, or of any officer or agent thereof, and to provide for the trial and expulsion of members, or removal of any officer or agent, and to elect a President, five Vice-Presi

dents, a Secretary-Treasurer, and all other officers which in its discretion may be deemed necessary or proper for carrying out the objects of the organization, to impose fines and penalties on its members for violation thereof, and that the funds thus received shall be applied to such purposes as the said Association may direct.

Sec. 4. Be it further enacted, That the officers thus elected shall hold office for such time as the said Association shall prescribe; and a failure to elect officers at the proper time therefor shall not operate as a dissolution of the corporation, but such officers shall retain their power and offices until their successors shall be elected or appointed.

Sec. 5. Be it further enacted, That this charter of incorporation can be rendered operative by the said Association organizing or acting thereunder at any time within one year after the passage of this Act, and any organization of said Association heretofore made with reference to obtaining the benefits of this Act of incorporation shall. if operated under the provisions of this Act, be an acceptance thereof if done, at any time within the period of one year as aforesaid; and any constitution, by-laws, rules and regulations heretofore adopted by said Association, to take effect then or at a future time under the provisions of this Act of incorporation, shall in all things be as valid as if such constitution, by-laws, rules and regulations, had in all respects been prepared and adopted by said Association to take effect then or at a future time under the provisions of this Act of incorporation, shall in all things be as valid as if such constitution, by-laws, rules and regulations had in all respects been prepared and adopted by said Association after passage of this Act.

Approved February 12, 1879.

To amend Sections 598, 599, 600, 601, 603, 605, 606, and 610 of the Code of Alabama, (1896.)

Be it enacted by the Legislature of Alabama:

Section 1. That Section 598 of the Code of Alabama be, and the same is hereby amended so as to read as follows: The Alabama State Bar Association, or the Central Council thereof, has authority to institute and prosecute, or cause to be instituted and prosecuted, in the name of the State of Alabama, the proceedings herein prescribed for the suspension or removal of any attorney.

Sec. 2. That Section 599 of said Code be, and the same is hereby amended so as to read as follows: The accusation must be in writing, and when the prosecution is instituted by the Alabama State Bar Association, or the Central Council and attested by the Secretary of said Association, accompanied by written affidavit of any person or persons making charges for suspension or removal of such attorney, if any, taken before any officer authorized by law to administer oaths within or out of the State, setting forth the facts upon which the same may be based, shall be delivered by the Secretary of said Association to the Solicitor of the Circuit in which such attorney resides and thereupon, or when the proceeding is taken by the court of its own motion, the Solicitor, of said Circuit shall draw up such accusation, citing the accused to appear before said Circuit Court, or City Courut, or court of like jurisdiction on a day named therein, and moving the court for the suspension or removal of such attorney, and have the same served by the sheriff of the county of such attorney's residence, by leaving a copy thereof with the accused.

Sec. 3. That Section 600 of said Code be, and the same is hereby amended so as to read as follows: If the pro

ceedings are upon the information of an individual, the accusation must be in writing, setting forth the facts upon which the charges are based, verified by. the oath of such individual, or some other person, taken before any officer authorized by law to administer oaths in or out of the State, that such facts are true, and must be presented to and filed in said Circuit Court, or City Court, or court of like jurisdiction, accompanied by security for costs to be approved by the judge thereof.

Sec. 4. That Section 601 of said Code be, and the same is hereby amended so as to read as follows: When the accusation is made by an individual, the Circuit Court, or City Court or court of like jurisdiction, must be of opinion that the accusation would, if true, furnish grounds of suspension or removal of such attorney, make an order requiring the accused to appear and answer the same at a specified day during that, or the next term, or at any other time, which the court can hear and determine the same, a copy of which, together with a copy of the accusation, must be served upon the accused; provided, that if such order is made, or the proceedings are instituted by the court of its own motion, or as provided by Section 2 of this Act, ten days before any term of the court, or before the adjournment thereof such accusation must be made returnable and be heard during said term, unless continued for good cause by the Court, upon such terms as it may impose.

Sec. 5. That Section 603 of said Code be, and the same is hereby amended so as to read as follows: The accused may answer such accusation, either by objecting in writing to the sufficiency thereof, or by denyng the truth of the facts alleged or setting forth the facts of his defense, which said answer as to facts, by denial or otherwise, must be in writing, signed by the accused and verified by his oath, and the accusation, objections and answers in said proceedings are hereby made a record therein as in other civil suits or proceedings in said Court.

Sec. 6. That Section 605 of said Code be, and the same is hereby amended so as to read as follows: If the accused pleads guilty, or fails or refuses to answer the accusation, the court must proceed to judgment or suspension or removal; if he answers the accusation, the court must immediately, or at such time it may appoint, proceed to try the same, either side having the right to demand a trial by jury; if no jury is demanded, the court in trying the same shall make and file a statement of the facts established by the evidence, and if the jury is demanded, the jury must make a special finding of the facts, upon issues of facts submitted by the court, and upon such statements of facts by the court, or special findings of facts by the jury, the court must render judgment of acquittal or suspension, or removal, of the accused, as such facts may warrant; provided, however, that such accused attorney may stop or prevent such prosecution by a surrender of his license as an attorney in all the courts of the State of Alabama, a record of which surrender shall be made in the Supreme Court of said State.

Sec. 7. That Section 606 of said Code be, and the same is hereby amended so as to read as follows: The proceedings when instituted by the court of its own motion, or when the written statement hereinafter provided for has been presented by the Alabama State Bar Association, or its Central Council, to the Solicitor of the Circuit, in which the accused resides, must be conducted in the name of the State, and when on the information of an individual in the name of the State upon the information of such person; and in all cases the Solicitor of said Circuit shall appear and sustain such accusation, and be responsible for the faithful performance thereof as of other official duties required of him by law; provided, however, that the court may, upon the motion of said Solicitor, and upon good cause shown at any time require said The Alabama State Bar Association to give security for the costs of such proceedings to be approved by the court within ten days from