In re the Oaths to be taken by Attorneys & Counsellors
New York Supreme Court
THE clerk being about to administer the oaths to the attorneys and counsellors who had been examined and admitted this term, a question arose, which was submitted to the Court, whether the “ act to suppress duelling,” passed November 5, 1816, (sess. 40. ch. 1.) has been repealed by the sixth article of the new Constitution, so that no other oai}j than the one prescribed by the fourth section of the act concerning counsellors, attorneys, and solicitors, (sess. 36. ch. 4-8. 1…
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THE clerk being about to administer the oaths to the attorneys and counsellors who had been examined and admitted this term, a question arose, which was submitted to the Court, whether the “ act to suppress duelling,” passed November 5, 1816, (sess. 40. ch. 1.) has been repealed by the sixth article of the new Constitution, so that no other oai}j than the one prescribed by the fourth section of the act concerning counsellors, attorneys, and solicitors, (sess. 36. ch. 4-8. 1 N. R. L. 416.) for the faithful discharge of the duties of the office, could be required of them.
1Opinion of the CourtPlatt, J.
The “ act to suppress duelling,” passed November 5th, 1816, requires “ every member of the senate or of the assembly, and every person who shall be elected or appointed to any office or place, civil or military, except town officers; and every person who shall be admitted a counsellor, attorney, or solicitor of the Court of Chancery, Supreme Court, *493or Court of Common Pleas,” &c. to take an oath that he has not been engaged in a duel, &c.
The sixth article of the new Constitution of this state, which took effect from and after the last day of December last, ordains, that members of the…
2Cited by30 opinions
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