ing in their proper persons; and nothing herein contained shall be so construed as to affect any person or persons heretofore admitted to the degree of an attorney or counselor at law, by the laws of this state, so as to subject them to further examination, or make it necessary for them to renew their license. 598 SEC. 11. [Who not admitted to practice.] No person shall be permitted to practice as an attorney of the courts of this state, who holds a commission as supreme or district judge, or sheriff, clerk, constable, or jailer, in the county where they hold their respective offices, or clerk of the supreme or district courts of the state; Provided, That where an attorney at law or any other person holds the office of district judge, county judge or justice of the peace, he shall not be permitted to practice as such attorney on any matter brought before himself, or appealed from his decision to a higher court; and any violation of this section shall be deemed a misdemeanor, and subject any such officer to fine, not less than five and not more than twenty-five dollars. [Amended 1871, 107; 1877, 39; 1899, chap. 5.] 599 SEC. 12. [Liability.] When an attorney, residing and practicing in any state or territory, receives money upon demands left with him for collection in such state or territory, which he omits to pay over, he is liable to arrest here in an action brought to recover money. 600 SEC. 13. [Endorse papers.] Upon filing original papers in any case, it shall be his duty to endorse thereon his name. 601 SEC. 14. [Shall act as guardian.] It shall be the duty of every attorney to act as the guardian of an infant defendant in any suit pending against him when appointed for that purpose by an order of the court; shall prepare himself to make the proper defense, to guard the rights of such defendant, and shall be entitled to such compensation as the court shall deem reasonable. COUNTY ATTORNEYS. 602 SEC. 15. Election-Bond. That at the general election in 1902, and every two years thereafter a county attorney shall be elected in each organized county, who shall hold his office for the term of two years and until his successor is elected and qualified; who shall before he enters upon the duties of said office, execute a bond to the State of Nebraska, in a sum not less than one thousand ($1,000) dollars to be fixed by the county board with two or more good and sufficient surities, to be approved by said board, which bond shall be conditioned for the faithful performance of his duties as such officer, and that he will pay over to the county treasurer in the manner prescribed by law, all moneys which shall come into his hands by virtue of his office, and shall file said bond in the office of the county clerk and the same shall be recorded in the proper records of said county. Provided, That in counties having not more that three thousand (3,000) inhabitants according to the latest official census, no election of a county attorney shall be had, but the county board of each of such counties is hereby authorized to appoint a county attorney who shall qualify as herein provided, and shall have the same authority and power as those elected. [1885, chap. 40. Amended 1901, chap. 7.] 603 SEC. 16. [Duties.] It shall be the duty of the county attorney to appear in the several courts of their respective counties and prosecute and defend, on behalf of the state and county, all suits, applications or motions, civil or criminal, arising under the laws of the state, in which the state or the county is a party or interested. It shall also be his duty to appear and prosecute or defend on behalf of SEC. 14. His fees not necessaries. 40 Neb., 195. Attorney may be employed by private parties to assist in criminal case. 14 Neb., 544. 17 Neb., 151. 27 Neb., 707. Duties in cases removed by change of venue. 27 Neb., 707. "An act to provide for the election of county attorneys, to define their duties and fix their silaries, and to repeal sections 15, 16. 17. 18, 19, 20, and 21, of chapter 7, of compiled statutes." Took effect July 6, 1895. Repeals sec. 47, chap. 18. 31 Neb., 362. Vacancy filled by appointment. State v. Saline Co., June 7, 1900. SECS. 15-28. the state and county all such suits, applications or motions which may have been transferred by change of venue from his county to any other county in the state; Provided, further, that any counsel who may have been assisting the county attorney in any such suits applications or motions in his county may be allowed to assist in any other county to which said cause has been removed. [Amended 1899, chap. 6.] 604 SEC. 17. [Same.] Each county attorney shall appear on behalf of the state before any magistrate, and prosecute all complaints, made in behalf of the state, of which any magistrate shall have jurisdiction, and he shall appear before any magistrate and conduct any criminal examination which may be had before such magistrate, and shall also prosecute all civil suits before such magistrate in which the state or county is a party or interested. 605 SEC. 18. [Advice to officers-Additional counsel.] (Advice to officers.) The county attorney shall without fee or reward, give opinions and advice to the board of county commissioners and other civil officers of their respective counties, when requested so to do by such board or officers, upon all matters in which the state or county is interested, or relating to the duty of the board or officers in which the state or county may have an interest. Provided further, That in all counties of this state, the county board may employ such additional counsel in civil matters as they may deem necessary when so requested by petition of ten freeholders of said county, not members of their body. Such attorney or attorneys to counsel said board or county officers on such civil matters as the board may lay before him or them, and to prosecute or defend on behalf of the county or any of its officers, such civil actions or proceedings as the interests of the county may in their judgment require, and shall receive such reasonable compensation in each case, as the board and such counsel may agree upon. [Amended 1895, chap. 7.] 606 SEC. 19. Salary. The county attorneys of the several counties of this state shall be allowed by the county board for their services a salary per year, as follows: In counties of not more than three thousand (3,000) population the salary to be fixed by the county board not exceeding the sum of three hundred ($300) dollars per annum; in counties having over three thousand (3,000) and under five thousand (5,000) population, a salary of four hundred ($400); in counties having from five thousand (5,000) to ten thousand (10,000) population, six hundred ($600) dollars; in counties having from ten thousand (10,000) to twenty thousand (20,000) population, a salary of eight hundred ($800) dollars; in counties having from twenty thousand (20,000) to thirty thousand (30,000) population, a salary of one thousand ($1,000) dollars; in counties having from thirty thousand (30,000) to forty thousand (40,000) population, a salary of one thousand five hundred ($1,500) dollars; in counties having forty thousand (40,000) population and upwards, a salary of two thousand five hundred ($2,500) dollars; said salary shall be payable in quarterly installments at the end of each quarter. Provided, that in all cases where the county attorney has been engaged in the courts of another county on any suits, supplications or motions, either civil or criminal, in which the state or county is a party interested, which have been transferred by change of venue from his county to another county in the state, he shall be allowed all his reasonable and necessary traveling and hotel expenses while so engaged, in addition to his regular salary and traveling and other expenses shall be paid to him upon the presentation of his bill for the same, accompanied by proper vouchers, to the county commissioners or supervisors of his county, in a like manner provided in all other cases of claims against the county. Provided further, that this act shall not in any wise affect any county attorney now in office, but such county attorney shall hold their respective offices to the end of their present term and receive such salary as now provided by law. [Amended 1899, chap. 6; 1901, chap. 8.] 607 SEC. 20. Deputies. The county attorney may appoint one or more deputies, who shall act without any compensation from the county, to assist him in the discharge of his duties; Provided, That the county attorney of any county may, under the direction of the district court, procure such assistance, in the trial of any person charged with the crime of felony, as he may deem necessary for the trial thereof, and such assistant or assistants shall be allowed such compensation as the county board shall determine for his services, to be paid by order on the county treasurer, upon presenting to said board the certificate of the district judge before whom said cause was tried, certifying to services rendered by such assistant or assistants. Provided, further, that in counties having a population of over sixty thousand inhabitants and less than one hundred and twenty-five thousand there is hereby created the office of deputy county attorney to be appointed by the county attorney at a salary of fifteen hundred dollars per annum payable monthly upon filing certificate of appointment and of service from the county attorney; Provided, further, that such deputy county attorney shall file a bond in the same manner and for the same amount required of the county attorney, and such deputy county attorney shall be removable at pleasure by the county attorney. Provided, further, that in counties whose population exceed one hundred and twenty-five thousand inhabitants there are hereby created the offices of four deputy county attorneys to be appointed by the county attorney of such county at salaries not to exceed the sum of fifteen hundred dollars ($1,500) each per annum, to be fixed by the judges of the district court, and to be paid by order on the county treasurer upon presenting to said board the certificate of the judges of the district court certifying to the amount of such salary; Provided, further, that before entering upon duties of their said offices, said deputies shall be required to give bond for the faithful performance of the same in an amount to be fixed and approved of by the said judges of the district court. [Amended 1893, chap. 2; 1901, chap. 8. In effect Feb. 28.] 608 SEC. 21. [Appointment by court.] In the absence, sickness, or disability of the county attorney and his deputies, the court before whom it is his duty to appear, in which there may be business for him, may appoint an attorney to act as county attorney, by an order to be entered upon the minutes of the court, but who shall receive no compensation from the county except as provided for in section six (6) of this act. [Sec. 20, this chapter.] 609 SEC. 22. [Shall not receive fee or reward.] No prosecuting attorney shall receive any fee or reward from or on behalf of any prosecutor or other individual, for services in any prosecution or business to which it shall be his official duty to attend; nor be concerned as an attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced or prosecuted, shall depend. 610 SEC. 23. [Receipts for money.] It shall be the duty of the county attorney, whenever he shall receive any money in his official capacity, to give to the person paying the same duplicate receipts, one of which shall be filed by such person with the county clerk. 611 SEC. 24. [Duties before grand jury.] Whenever the county attorney is required by the grand jury of any court sitting in his county, it shall be the duty of said county attorney to attend them for the purpose of examining witnesses in their presence, or of giving them advice in any legal matter, and to issue subpoenas SEC. 20. Cited 23 Neb., 767. Compensation on change of venue paid by original county. 33 Neb., 422. Deputies not authorized to proceed on change of venue. 42 Id., 837. Acting county attorney, constitutional. 46 Id., 631. and other writs of process; to bring in witnesses, and to draw up bills of indictment, but he shall not be present with the grand jury when an indictment is being considered and found by said grand jury. 612 SEC. 25. [Vacancy.] In case of vacancy in the office of county attorney by death, resignation, or otherwise, the county board shall appoint a county attorney, who shall give bond, and take the same oath and perform the same duties as the regular county attorney; and shall hold said office until his successor shall be elected and qualified. 613 SEC. 26. [Construction of statutes.] That whenever the term district attorney or prosecuting attorney appears in the laws of Nebraska, it shall hereafter mean county attorneys, and all laws now in force regulating the duties of district attorneys in criminal matters and proceedings shall apply to county attorneys herein provided for. 614 SEC. 27. [District attorneys.] The respective district prosecuting attorneys shall hold their respective offices until the expiration of their present term as now provided by law, and the said county attorneys are elected and qualified as provided for in section 1 of this act. 615 SEC. 28. [Repealed sections 15-21, chap. 7, Comp. Stats., 1881.] SEC. 25. Appointments made by entering the fact upon the record of the proceedings of the board sufficient. 30 Nab., 501. Vacancy, how filled. 33 Id., 266. B. 26. Cited 26 Neb., 249. CHAPTER 8-BANKS. 616 SECTION 1. [State banking board-Quorum--Powers.] The Auditor of Public Accounts, the State Treasurer and the Attorney General shall be, and they are hereby made a board which shall be designated and known as the State Banking Board. A majority of said Board shall constitute a quorum for the transacting of business, and said Board shall have power to issue charters to, and shall have general supervision over, and control of any and all corporations, partnerships, firms and individuals transacting a banking business under the laws of this state. [1895, chap. 17, § 1.] 617 SEC. 2. [Bankers subject to act.] Every corporation, partnership, firm or individual transacting a banking business under the laws of, and within this state, shall be subject to the provisions of this act, and regulated by the State Banking Board. [Id., § 2.] 618 SEC. 3. [Secretary-Seal.] The State Banking Board shall appoint a secretary with compensation at the rate of fifteen hundred ($1500) dollars per annum who at the time of his appointment shall have at least two (2) years actual practical experience in the general banking business, or in the affairs of the State Banking Department. And the State Banking Board shall also have power to ppoint a clerk with compensation at the rate of ten hundred ($1000) dollars per annum, who shall be a competent book-keeper and an expert accountant. And the said State Banking Board shall procure and keep a seal, which shall be the seal of said board. The impression, or stamp of said seal shall be by the secretary of said board affixed to all charters issued. [Id., § 3.] 619 SEC. 4. [Banks--Capital required.] It shall be unlawful for any corporation, partnership, firm or individual to transact a banking business unless such corporation, partnership, firm or individual has property of cash value as follows: In cities, villages and communities having a population of less than one thousand (1,000) inhabitants, five thousand ($5,000) dollars; in cities and villages having a population of more than one thousand (1,000) inhabitants, and less than fifteen hundred (1,500) inhabitants, ten thousand ($10,000) dollars; in cities and villages having a population of less than two thousand (2,000) and more than fifteen hundred (1,500) inhabitants, fifteen thousand ($15,000) dollars; in cities having a population of less than three thousand (3,000) and more than two thousand (2,000) inhabitants, twenty thousand ($20,000) dollars; in cities having a population of less than five thousand (5,000) and more than three thousand (3,000) inhabitants, twenty-five thousand ($25,000) dollars; in cities having a population of less than ten thousand (10,000) and more than five thousand (5,000) inhabitants, thirty thousand ($30,000) dollars; in cities having more than ten thousand (10,000) inhabitants, fifty thousand ($50,000.) dollars. Such property shall be in money, commercial paper, bank furniture, fixtures and the necessary bank building, including the lot or lots on which the building is situated, which said lot or lots shall be unincumbered; Provided, That the banking house and lot or lots on which the same is situated together with the furniture and fixtures, shall not constitute more than one-third CHAP. 8, SECS. 1-39. "An act to establish a State Banking Board, to define and designate state banks and to regulate said state banks, whether commercial or savings: to provide for a secretary of the State Banking Board, and State Bank Examiners, and define their duties and provide for their compensation; to require corporations, partnerships, firms and individuals transacting a banking business to make reports and statements under oath to the State Banking Board and publish the same, of all their resources and liabilities; to provide for the exami nation of the affairs of all state banks; to fix a minimum capital; to provide for the issuing of charters by the banking board; to provide for the appointment of receivers; to make it unlawful for insolvent state banks to receive deposits, and to provide for penalty; to fix the liability of stockholders in banking corporations in this state and providing for enforcement of such liability; to provide penalty for banks and bank officers, directors, clerk or employes making false statements, entries and representations and falsifying books of such banks; to make it unlawful for officers, directors or employes to borrow the funds of the bank, except under certain conditions, and to provide a penalty; to provide a penalty for failure of banks to make reports and statements required, and to repeal Chapter 37, Session Laws 1889, entitled "Banking," and all other acts and parts of acts inconsistent with this act." Took effect July 6, 1895. Laws, 1895, chap. 17. |