Legal Opinion

In re the Oaths to be taken by Attorneys & Counsellors

New York Supreme Court

Decided January 15, 1823PublishedCited by 30 opinions

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 has been repealed by the sixth article of the new Constitution, so that no other oai}j than the one prescribed by the fourth section of the act concerning counsellors,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 has been repealed by the sixth article of the new Constitution, so that no other oai}j than the one prescribed by the fourth section of the act concerning counsellors,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

  1. Matter of RichardsonNew York Court of Appeals · 1928
  2. State ex rel. Clyatt v. HockerSupreme Court of Florida · 1897
  3. Cohen v. WrightCalifornia Supreme Court · 1863
  4. State v. SpauldingSupreme Court of Iowa · 1897
  5. Patton v. Board of Health Etc.California Supreme Court · 1899

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