207. Examination. No person shall practice law without first obtaining license so to do from the supreme court. Applicants for license shall be examined only on the first Monday of each term of the supreme court. All examinations shall be in writing, and based upon such course of study, and conducted under such rules, as the court may prescribe. All applicants who shall satisfy the court of their competent knowledge of the law shall receive license to practice in all the courts of this state.

Code, s. 17; R. C., c. 9, s. 1; 1818, c. 963, s. 3.

208. Conditions precedent to examination. Before being allowed to stand an examination each applicant must comply with the following conditions:

1. He must be at the time twenty-one years of age, or will arrive at that age before the time for the next examination.

2. He must file with the clerk of the court a certificate of good moral character signed by two attorneys who practice in that court. An applicant from another state may have such certificate signed by any state officer of the state from which he comes.

3. He must deposit with the clerk twenty-one dollars and fifty cents. Of this sum one dollar and fifty cents shall be retained by the clerk. If the applicant obtains license the remaining twenty dollars shall be paid by the clerk to the librarian for use of the supreme court library. If the applicant fails on examination the twenty dollars shall be repaid him.

Code, s. 18; R. C., c. 9, s. 2; 1777, c. 115, s. S.

209. Oath taken in open court. Attorneys before they shall be admitted to practice law shall, in open court before a justice of the supreme or judge of the superior court, take the oath prescribed for attorneys, and also the oaths of allegiance to the state, and to support the constitution of the United States, prescribed for all public officers, and the same shall be entered on the records of the court; and,

upon such qualification had, and oath taken, may act as attorneys during their good behavior.

Code, s. 19; R. C., c. 9, s. 3; 1777, c. 115, s. 8.

210. Persons disqualified. No clerk of the superior or supreme court, nor deputy or assistant clerk of said courts, nor sheriff, nor any justice of the peace, nor county commissioner shall practice law.

Code, ss. 27, 28, 110; 1870-1, c. 90; 1883, c. 406; 1871-2, c. 120; 1880, c. 43; C. C. P., s. 424.

NOTE.

Persons above named practicing law guilty of misdemeanor, see Crimes.

211. For crime. No person who shall have been duly licensed to practice law as an attorney shall be debarred or deprived of his license and right so to practice law, either permanently or temporarily, unless he shall have been convicted, or in open court confessed himself guilty, of some criminal offense showing him to be unfit to be trusted in the discharge of the duties of his profession, and unless he shall be debarred according to the provisions of this chapter.

Code, s. 26; 1870-1, c. 216, s. 4.

212. Failure to account to client. Whenever a final judgment has been recovered against an attorney at law for property received or money collected for his client, the clerk of the court shall retain such cause on the trial docket until the next term of such court beginning not less than ninety days after the rendition of such final judgment. If such judgment be not then satisfied, the judge presiding shall make an order, which shall be entered on the records of the court, for such attorney to show cause, at a time and place to be named in such order, and upon the return thereof may make an order debarring such attorney at law from practicing law in any of the courts, and he shall thereby be debarred from so practicing. When any such judgment shall be rendered in the court of a justice of the peace, and it is thereupon sought to debar an attorney at law under this section, the cause shall be docketed on the civil issue docket of the superior court, and written notice served on such attorney ninety days before action by the court.

Code, ss. 24, 25; 1881, c. 129.

III.

RELATION TO CLIENT.

213. Authority filed or produced if requested. Every attorney who shall claim to enter an appearance for any person shall, upon

being required so to do, produce and file in the clerk's office of the court in which he shall claim to enter an appearance, a power or authority to that effect signed by the persons or some one of them for whom he is about to enter an appearance, or by some person duly authorized in that behalf, otherwise he shall not be allowed so to do: Provided, that when any attorney shall claim to enter an appearance by virtue of a letter to him directed (whether such letter purport a general or particular employment), and it shall be necessary for him to retain the letter in his own possession, he shall, on the production of said letter setting forth such employment, be allowed to enter his appearance, and the clerk shall make a note to that effect upon the docket.

Code, s. 29; R. C., c. 31, s. 57 (16).

214. Failure to file complaint makes attorney liable for costs. When a plaintiff shall be compelled to pay the costs of his suit in consequence of a failure on the part of his attorney to file his complaint in proper time, he may sue such attorney for all the costs by him so paid, and the receipt of the clerk may be given in evidence in support of such claim.

Code, s. 22; R. C., c. 9, s. 5; 1786, c. 253, s. 6.

215. Fraud renders liable for double damages. If any attorney shall commit any fraudulent practice, he shall be liable in an action to the party injured, and on the verdict passing against him, judgment shall be given for the plaintiff to recover double damages. Code, s. 23; R. C., c. 9, s. 6; 1743, c. 37.

IV. ARGUMENTS.

216. Control of, by court. In all trials in the superior courts there shall be allowed two addresses to the jury for the state or plaintiff and two for the defendant, except in capital felonies when there shall be no limit as to number. The judges of the superior court are also authorized to limit the time of argument on the trial of all actions, civil and criminal, except in capital felonies, but in no instance shall the time be limited to less than one hour on each side in misdemeanors, or to less than three hours on each side in other causes. Where any greater number of addresses or any extension of time shall be desired, motion shall be made, and it shall be in the discretion of the judge to allow the same or not, as the interests of justice may require. In jury trials the whole case as well of law as of fact may be argued to the jury.

1903, c. 433.

CHAPTER 6.

AUCTIONEERS.

(Sections 217-221.)

217. How appointed. Any citizen of the state, desiring to exercise the business of an auctioneer, shall apply to the board of county commissioners of the county in which he proposes to carry on such business, and, upon his giving bond payable to the state of North Carolina, to be approved by said commissioners or other authority, conditioned that he will perform faithfully all the duties required of auctioneers, the sheriff shall issue to him a license to act as an auctioneer in said county for twelve months from the date of the license. The bond shall in no case be less than five hundred dollars, and if the applicant reside in an incorporated town or city having not less than thirty-five hundred nor more than five thousand inhabitants, said bond shall be one thousand dollars, and one thousand dollars additional for every additional five thousand inhabitants or fraction thereof amounting to thirty-five hundred and above.

Code, s. 2281; 1889, c. 40; 1891, c. 576; R. C., c. 10, s. 1.

218. Duties; semi-annual accounts. It shall be the duty of such auctioneers, on the first days respectively of October and April, to render to the clerks of the superior court of their respective counties a true and particular account in writing of all the moneys made liable to duty by law, for which any goods, wares, or merchandise may have been sold at auction, and also at private sale, where the price of the goods, wares and merchandise sold at private sale was fixed or agreed upon or governed by any previous sale at auction, of any goods, wares and merchandise of the same kind; which account shall contain a statement of the gross amount of sales by them made for each particular person or company at one time, the date of each sale, the names of the owners of the goods, wares and merchandise sold, and the amount of the tax due thereon, which tax they shall pay as directed by law. Which statement shall be subscribed by them and sworn to before the clerk of the said court, who is hereby authorized to administer the oath. And it shall be their further duty to account with and pay to the person entitled thereto the moneys received on the sales by them made.

Code, s. 2282; R. C., c. 10, s. 2.

219. Penalty, acting without appointment. No person shall exercise the trade or business of an auctioneer, by selling any goods, wares or merchandise by auction or by any other mode of sale whereby the best or highest bidder is deemed to be the purchaser, unless such person shall be appointed an auctioneer pursuant to this chapter, on pain of forfeiting to the state for every such sale the sum of two hundred dollars, which shall be prosecuted to recovery by the solicitor of the district.

Code, s. 2283; R. C., c. 10, s. 5.

220. To sales of what articles applicable. Nothing in this chapter shall extend to any sale by auction of goods, wares and merchandise made pursuant to and in execution of any order, decree or judgment of the courts of the United States or of this state; or made in consequence of any assignment of property and estate for the benefit of creditors; or made by executors, administrators, collectors or guardians; or made pursuant to any law touching the collection of any tax or duty, or sale of any wrecked goods; or to any article the product of the agriculture of this state, in its natural or unmanufactured state; or to any species of stock or domestic animals; or to any articles of household furniture, or farming utensils which have been in use; but shall extend only to such articles of goods, wares and merchandise as are the ordinary subject of traffic and sale by merchants and traders.

Code, s. 2284; R. C., c. 10, s. 6.

221. Commissions; pay one per cent. to town. Auctioneers shall be entitled to such compensation as may be agreed upon, not exceeding two and a half per cent. on the amount of sales; and auctioneers of incorporated towns shall retain and pay one per cent. of the gross amount of sales to the commissioners or other authority of their respective towns.

Code, s. 2285; R. C., c. 10, s. 7.