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makes any payment, pledge, assignment, transfer, or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefitted thereby, having reasonable cause to believe such person is insolvent, or in contemplation of insolvency, and that such payment, pledge, assignment, or conveyance is made in fraud of the laws relating to insolvency, the same shall be void, and the assignee may recover the property, or the value of it, from the person so receiving it or so to be benefitted.
SEC. 44. [Clerks' and servants' wages.]—Nothing in this act contained shall be construed so as to prevent any debtors from paying or securing to be paid any debt not exceeding the sum of one hundred dollars, for clerks' or servants' wages, or from paying or securing any debt which shall been created within nine months prior to the date of such payment, or securing or to effect any mortgage or security made in good faith to secure any debt or liability created simultaneously with such mortgave or security, provided any such mortgage shall be filed for record in the proper office within thirty days from its date.
Sec. 45. [Penalty.]—Every person who, in contemplation of making an assignment for the benefit of creditors, shall, First. Secrete or conceal any property belonging to his estate; or, Second. Part with, conceal, destroy, alter, mutilate, or falsify, or cause to be so concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating to his estate or property; or, Third. Remove, or cause to be removed, any such property, or book, deed, writing, or document out of the county, or otherwise dispose of any part thereof with intent to prevent its coming into the posses sion of the sheriff or assignee, or to hinder, impede, or delay them, or either of them, in removing or receiving the same; or, Fourth. Make any payment, gift, sale, assignment, transfer, or conveyance of any property belonging to his estate with like intent; or, Fifth. Spend any property belonging to his estate, in gaming; or, Sixth. Willfully and fraudulently, with intent to defraud, conceal from his assignee, or omit from his inventory, any property or effects; or, Seventh. Having reason to suspect that
other person has presented a false or fictitious demand against his estate, shall fail to disclose the same to his assignee within one month after coming to his knowledge or belief; or, Eighth. Fraudulently attempt to account for any of his property by fictitious losses or expenses; or, Ninth. Within three months, next before the assignment, for the benefit of creditors, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud such person; or, Tenth. Within three months next before the assignment for the benefit of creditors with the intent to defraud his creditors, pawn, pledge, or dispose of, otherwise than by transactions made in good faith in the ordinary way of his trade, any of his goods, chattels, or property, which have been obtained on credit and remain unpaid for, shall be deemed guilty of a fraudulent evasion of this act, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not more than seven years.
SEC. 46. [Acts repealed.]-An act approved February 19, 1877, entitled “ An act relating to voluntary assignments for the benefit of creditors, and to the assignees therein named, and the settlement of their accounts,” and all acts and parts of acts inconsistant with this act are hereby repealed; but this act shall not affect assignments heretofore inade, but estates assigned there'sy shall be a Iministered and settled as though the above named act were not repealed.
CHAPTER 7.-ATTORNEYS. SECTION 1. (Qualification for admission.]—No person shall be admitted to practice as an attorney in the supreme and district courts of this state hereafter, unless such person shall have previously studied in the office of a practicing attorney, for the period of two years, and pass a satisfactory examination upon the principles of the common law, under the direction of the court to which application is made, and it is shown to the satisfaction of said court that such applicant sustains a good moral character. [R. S. 14. G. S. 94.]
SEC. 2. [Supreme court.]—The supreme court may, on motion, admit any practicing attorney of the district court to practice in the supreme court, upon his taking the usual oath of office.
SEC. 3. [From other states.]—Any practicing attorney in the courts of record of another state or territory, having professional business in either the supreme or district courts, may, on motion, be admitted to practice in either of the courts, upon taking the oath as aforesaid.
SEC. 4. [Oath.)-Every attorney upon being admitted to practice in the supreme or district courts of this state, shall take and subscribe an oath substantially in the following form:
"You do solemnly swear that you will support the constitution of the United States, and the constitution of this state, and that you will faithfully discharge the duties of an attorney and counsellor, according to the best of your ability.” (Amended 1871, 107.]
Sec. 5. (General duties.]—It is the duty of an attorney and counsellorI. To maintain the respect due to the courts of justice and to judicial officers. II. To counsel or maintain no other actions, proceedings, defenses, than those which appear to him legal and just, except the defense of a person charged with a public offense. To employ, for the purpose of maintaining the cause confided to him, such means only as are consistent with truth. IV. To maintain in violate the confidence, and at any peril to himself, to preserve the secrets of his clients. V. To abstain from all offensive practices, and to advise no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged. 'VI. Not to encourage the commencement or continuance of an action or proceeding from any motive of passion or interest.
SEC. 6. [Deceit and collusion.)-An attorney and counsellor who is guilty of deceit or collusion, and consents thereto, with intent to deceive a court, or judge, or a party to an action or proceeding, is liable to be disbarred, and shall forfeit to the injured party treble damages, to be recovered in a civil action.
SEC. 7. [Powers.]-An attorney or counsellor has power—I. To execute in the name of his client, a bond for an appeal, certiorari, writ of error, or any other paper
SECs. 1-14. Chap. III., R. S. 14; except secs. 15-21, which were superseded by act relative to district attorneys. Chap. 5, G. S. 94. "An act to provide for the allowance and recovery of attorneys' fees in certain cases." Passed and taking effect Feb. 18, 1873. (G. S. 98,) was repealed. Laws 1879, 78. Repeal of act took away right to recover attorney's fees. 11 Neb., 96. But did not affect contracts entered into before repeal. Id., 521.
Sec. 2. Jurisdiction of supreme court in revocation of license to practice. 19 Neb., 593, 608.
SEC. 5. General daties in defense of client. 19 Neb., 605, Argument to jury; order of court limiting time, rot reviewable on error, no exception being taken. 8 Neb., 159. 14 Neb., 575. Conduct in argument must be ex. repted to. 16 Neb., 415. 17 Neb., 152. 18 Neb., 79, 163. 20 Neb., 172. Statements made, Hel. Not error in cases stated. It Neb., 389, 543. 16 Neb., 624. 17 Neb., 162.20 Neb., 500. 24 Neb., 38. Argument should be contined to issues. 8 Neb., 160.9 Neb., 316. 15 Ņeb., 22. 17 Neb., 283. 24 Neb., 92. Re-argument discretionary. 9 Neb., 316. Opening and closing arguments. 15 Neb., 507. 16 Neb., 24. 17 Neb., 434, 461. 18 Neb., 351. 22 Neb., 655. 25 Neb., 375. Attor. hey may read instructions given by court and comment on them. 25 Neb., 390. Where objection is made to argu. went and attorney desiste, overruling of objection Held, Proper. 25 Neb., 599.
SEC. 7. Agreement; collections; liability : action for money collected; pleading: 3 Neb., 223. Cannot release Firety on note unless specially authorized. 13 Neb., 209. Settlement and payment in case stated. 14 Neb., 118. tirdinary powers do not authorize him to take about one-third of lace value of judgment, and accept payment in dht owing by such attorney. Id., 386. Authority to give notice to adverse party of the termination of his urency. not among express or implied powers. 11 Neb., 447. Agreement binding on parties. 3 Neb., 28. 4 Neb., 76. Vet 307. But oral agreements made out of court not considered. 7 Neb., 205. Cannot authorize issuance of ex.
necessary and proper for the prosecution of a suit already commenced. II. To bind his client by his agreement in respect to any proceeding within the scope of his proper duties and powers; but no evidence of any such agreement is receivable, except the statement of the attorney himself, his written agreement signed and filed with the clerk, or an entry thereof upon the records of the court. III. To receive money, claimed by his client in an action or proceeding, during the pendency thereof or afterwards, unless he has been previously discharged by his client, and upon payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.
SEC. 8. [Lien.)-An attorney has a lien for a general balance of compensation upon any papers of his client which have come into his possession in the course of his professional employmer.; upon money in his hands belonging to his client, and in the hands of the adverse party in an action or proceeding in which the attorney was employed from the time of giving notice of the lien to that party.
SEC. 9. [Admission from other states.]—Any person producing a license, or other satisfactory voucher, proving that he has been regularly admitted an attorney at law, in any court of record within the United States, that he is of good moral character, may be licensed and permitted to practice as a counsellor and attorney at law in any court in this state without examination.
Sec. 10. [Parties may act.)--Plaintiffs shall have the liberty of prosecuting, and defendants shall have the liberty of defending 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 counsellor 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.
SEC. 11. (Who not admitted to practice.]—No person shall be permitted to practice as an attorney of the wurts 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 ; Pro vided, That where an attorney at law or any other person holds the office of 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 1877, 39.]
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 the money.
Sec. 13. [Original papers.]—Upon filing original papers in any case, it shall be his duty to endorse thereon his name. ecution against his client. 8 Neb., 307. May confess judgment for costs. 22 Neb., 195. Cannot take affidavit. 15. Neb., 52. Directing illegal seizure of property, converting it, etc.; liability equal to that of officer seizing and selling. 12 Neb., 591. An order to pay money to attorney does not divest parties of their right to maintain action therefor it order is not complied with. 12 Neb., 566. Jurisdiction of court to compel payment of money to client. 16 Neb., 80. Appearance; effect of, on jurisdiction over the pa ty6 Neb., 427. 13 Neb., 96. Authority to appear presumed, yet defendant may prove that he had no authority. 14 Neb., 301. 16 Neb., 98. But right of attorney to appear can only be called in question by party for whom he appears. 14 Neb., 456. Effect where action is carried on by an attorney without authority from plaintiff. 14 Neb., 33. Trial in absence of, Held, No ubuse of dis
Not proper surety on bond, but if clerk approves, attorney is bound. 17 Neb., 209. Priv.
18 Neb., 581. 19 Neb.. 411, 533. Selling real estate for client and representing title as Ford attorney estopped to 150t title in fulu self.
Alleged fraud and conspira :v. 23 Neb., .. Alth rity to 3 par is presurned from appearance. 28 Neb., 294. Contract for services not assigna'le. 47 N, W.
Lien paramount to rights of parties. 8 Neb., 168. Lien restricted to claim get out in notice. 5 Neb.. 168. The attorney may be adınitted as a party plaintiff for the purpose of enforcing the lien... 10 Neb., 580. But It must appear that fees are due. 11 Neh., 522. Lien op judgment not affected by creditor's bill against the judgment. 18 Neb., 42. Lien on cause of action for tort which would not survive death of parties, does not exist. 18 Neb., 505. Lien cannot be detrated by settlement of case by parties. 22 Neb., 77. Equity of vendor, Hell, Superior to lien of attorney. 22 Neb., 760. Until lien is discharged attorney not liable to prosecution for embezzlement. Neb., 734. Employment of associate counsel; liabilty of client for fees. 23 Neb., 618. Feed not recoverable in action
Defending indirent prisoner; lee allowed by county board. 23 Neb., 765. Settlement of case by parties pending litigation: there being no attorney's liens for teen, Held, That attorney could not intervene to continue the suit by virtue alone of their contract with their client for fees. 20 Neb., 207. In absence of a statute there is no authority to allow attorney's feer, and tax the same as coste.
Debtor cannot, buy paying sortion of debt immediately preceding iudgment, defeat recovery of attorney's fees upon entire sum for whicii, but for the payment. judgment would have been rendered.
Coutait vetween albumlicy and client .. notice to third party of lien, 26 Neb., 403.
cretion. 14 Neb., 531. iler
2: Nel., 322.
of tort. 23 Neb., 709,
16 Neb., 398.
Id Neb., 595.
Sec. 14. [Shall act as guardian.]-It shall be the duty of every attorney to act as the guardian of any 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. Sec. 15. (Election-Bond.]—That at the general election in 1886, and every two years thereafter, a county attorney shall be elected in each organized county for judicial purposes, 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 dollars, to be fixed by the county board, with two or more good and sufficient sureties, 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 the said county. [1885, chap. 40.]
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.
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.
SEC. 18. (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 of county is interested, or relating to the duty of the board or officers in which the state or county may have an interest.
SEC. 19. [Salary.]—The county attorneys of the several counties of this state shall be allowed by the board of county commissioners for their services a salary, per year, as follows:
In counties of not more than 2,500 inhabitants a salary of three hundred dollars per annum; and in counties hav[ing] over 2,500 and under 5,000 inhabi. tants, a salary of five hundred dollars; Provided, That in any county which shall have one or more unorganized counties or any territories attached thereto for judicial purposes, the compensation may be increased by the county board, not exceeding two hundred dollars additional. In counties of from five to ten thousand inhabitants, six hundred and fifty dollars ; in counties from ten to twenty thousand inhabitants, a salary of eight hundred dollars; in counties of from twenty to thirty-five thousand inhabitants, a salary of one thousand dollars; in counties of from thirty-five thousand inhabitants, and upwards, a salary of two thousand five hundred dollars.' Said salaries shall be payable in quarterly installments at the end of each regular quarter.
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 reasonable 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 the services rendered by such assistant or assistants.
Attorney may be employed by private parties to assist in criminal case.
"An art to provide for the election of county attorneys, to define their duties and fix their salaries, and to repeal sections 15, 16, 17, 18, 19, 20, and 21, of chapter 7 of compiled statutes."
SEC. 20. Cited 23 Neb., 767.
14 Neb., 544.
17 Neb., 151.
SEC. 15. 27 Xeb., 707. Duties in cases removed by change of venue.
27 Neb., 707.
Took effect June 5, 1885,
Repenis sec. 47. chap. 19.
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.]
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.
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.
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 subpænas 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.
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.
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.
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.
Sec. 28. [Repealed sections 15-21, chap. 7, Comp. Stat. 1881.]
SEC. 25. Cited 46 N. W. R., 648.