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. III. To employ, for the purpose of maintaining the cause confided to him, such means only as are consistent with truth. IV. To maintain inviolate 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 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.

took effect June 1, 1879. The original act was as follows: "SECTION 1. That in all actions brought for the foreclosure of a mortgage, or upon a written instrument for the payment of money only, there shall be allowed to the plaintiff upon a recovery of judgment by him, a sum to be fixed by the court, in addition to the judgment, not exceeding ten per cent., as an attorney's fee, in all cases wherein the mortgage or other written instrument upon which the action is brought, shall in express terms provide for the allowance of an attorney's fee." Under this act it was held that an attorney's fee was in the nature of costs and should be taxed as such, distinct from the judgment proper. 4 Neb. 189. 8 Neb. 10. Id. 48. In no case can such fee be recovered unless allowed by the court. Id. The allowance is subject to exceptions and review in like manner as the taxation of other costs may be. 6 Neb. 517. The repeal of the act takes away the right to recover attorneys' fees. Dow v. Updyke, 11 Neb.

SEC. 7. While a supersedeas bond for an appeal, duly approved, was on file in the district court, the appelle's attorney requested the clerk to issue execution, to which request the appellant's attorneys signed a waiv er thus: "We hereby consent to the above request being complied with by the clerk of said court." Held, that their general employment as attorneys gave them no authority to sign such waiver, and the burden of proof was on them to show they had special authority to sign it. 8 Neb. 307.-Agreements relating to the conduct of a suit and its proceedings during trial, made by the attorneys in the case in open court and entered upon the record are binding upon the parties. 3 Neb. 29. But oral agreements made out of court will not be considered. 7 Neb. 205.

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 employment; 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 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 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 that 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 indorse thereon his name.

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.

DISTRICT ATTORNEYS.

SEC. 15. [Duties.]-It shall be the duty of the district attorney, of each judicial district, to appear in the district court, at each term of the same, in each county in the judicial district for which he was elected, and prosecute and defend all actions, civil and criminal, and all matters whatsoever in which the state or county may be interested. When possible he shall also appear before any justice of the peace or other officer exercising judicial functions in the district, and prosecute in cases of preliminary examinations of offenders against the laws of the state. [1867 § 2, 48. G. S. 96.]

SEC. 16. [Advice to officers.]-The district attorney shall without fee or reward give opinions and advice to the board of county commissioners of any

SEC. 8. The lien of an attorney on the judgment to the extent of his reasonable fees and disbursements is paramount to any right of the parties in the suit or to any set off. 3 Neb. 161. 5 Neb. 467. And when a defendant has notice of the lien he cannot evade the payment of the sum actually due on such lien by payment to the creditor of the judgment. 5 Neb. 467. But where attorneys have rendered service in a case, but filed no notice of a lien, the mere assignment of their account to parties claiming a lien will not authorize the latter to enforce such claim against the debtor. The right to a lien is restricted to the claim set forth in the notice. Id. The attorney may be admitted as a party plaintiff for the purpose of enforcing the lien. 10 Neb. 580.

SE 8. 15-21. "An act to provide for the election of district attorneys and to define their duties." Laws 1867, 48. Took effect June 11, 1867. Section 1 of this act being repealed by election law and sec. 8 by chapter 10, are omitted.

county in the district, and other officers of the state or county, upon all matters in which the state or county is a party or may be interested. [Id. § 3.]

SEC. 17. [Shall not receive fee or reward, etc.]--The district attorney shall not 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 duty to attend, nor be concerned as an attorney or counsellor for any party, other than the state or county, in any action depending upon the same state of facts, upon which any prosecution commenced but undetermined shall depend; nor shall any district attorney while in office, be eligible to, or hold any judicial office whatever. [ld. § 4.]

SEC. 18. [Deputies.]--The district attorney may, in his discretion, appoint one or more deputies, for whose official acts, and fees, he shall at all times be responsible. [Id. § 5.]

SEC. 19. [Vacancy.]-In case of a vacancy in the office of district attorney, the governor of the state shall appoint some proper person to fill such vacancy until the nex genera election for state officers thereafter, and until his successor shall be elected anc qualified. When the district attorney or his deputy shall be absent from court when his services are required, the court may appoint a district attorney for the time being, who shall possess all the powers and perform all the duties and shall be entitled to receive the same fees as the district attorney until such district attorney shall appear in court; Provided, That if the district attorney is absent on other than business pertaining to the duties of his office, the fees paid to such appointed district attorney shall be deducted from the salary of the district attorney. [Amended 1869, 89.]

SEC. 20. [Duties before grand jury.]-It shall be the duty of the district attorney, whenever required by the grand jury, to appear before them and examine witnesses. He shall also draw and sign all indictments and other pleadings in which it shall be his duty to appear. [Id. § 7.]

SEC. 21. [Salary.]--The district attorney shall receive for his services a salary of fifteen hundred dollars per annum, which shall be paid quarterly upon the certificate of the judge of the judicial district to the auditor, who shall draw his warrant upon the treasurer of the state, for the amount so certified by the judge of the district. [Id. § 9.]

CHAPTER 8.-BANKS.

SECTION 1. [Report to auditor.]-Every bank, banking company, savings bank, and every corporation, firm or individual, engaged in banking or in carrying on the business of receiving money on deposit, buying and selling exchange, gold, silver, coin, bullion, uncurrent money, bonds of the United States, bonds of the state of Nebraska, and of the cities, counties, and school districts of said state; and every person, firm and corporation engaged in a general brokerage, loaning, or money deposit business, doing business in the state of Nebraska, shall annually, in the month of December, make report under oath to the auditor of public accounts of the state, of their condition, resources and liabilities. [1877 § 1, 204.]

SEC. 2. [Same-Contents.]-Every such report, verified by the oath of the president, cashier, partner, member, stockholder, or business manager of the bank, corporation, firm or individual doing business as aforesaid, shall contain a brief statement of its actual financial condition at the date of such report, the amount and kind of its property, and the nature and extent of its debts and liabilities; and said report shall be filed in the office of the auditor of public accounts on or before the last day of December of each year, and recorded by said auditor in a book provided for that purpose. [Id. § 2.]

SEC. 3. [False report-Penalty.]-Every bank, corporation, firm or indi

SEC. 18. Counties are not liable for pay of deputy district attorney. 10 Neb. 194.

SEC. 19. As to method and time of filling vacancies, see sections 103, 107, chapter 26, passed subsequent to this section.

SECS. 1-3. "An act to require banks and banking institutions to make an annual report of their resources and liabilities to the auditor of public accounts." Laws 1877, 204. Took effect June 1, 1877.

vidual, who shall fail or neglect to make the report required by this act, or who shall wilfully make a false report, shall forfeit to the state the sum of five hundred dollars, to be recovered in a civil action. [Id. § 3.]

SEC. 4. [Actions to recover public money loaned.]-That in all cases in which public moneys, or other funds belonging to the state, or to any county, school district, city or municipality thereof, have been deposited or loaned to any person or persons, corporations, bank, co-partnership, or other firm or association of persons, it shall be lawful for the officer or cfficers making such deposit or loan, or his or their successors in office, to maintain an action or actions for the recovery of such moneys deposited or loaned, and all contracts for the security or payment of any such moneys or public funds made shall be held to be good and lawful contracts, binding on all parties thereto: Provided, Nothing herein contained shall be construed to in any manner affect the liability of any surety or signers of any official bond heretofore or hereafter given or made in this state. [1879 § 1, 156.]

SEC. 5. [Same Pending actions.]-All actions heretofore brought by any public officer, either in his own name or officially, for the recovery of any public moneys heretofore loaned or deposited shall be sustained, and all remedies allowed in other cases, by attachment or otherwise, shall be admissible.and allowed in such actions as in other cases. [Id. § 2.]

CHAPTER 9.-BONDS-MUNICIPAL.

STATE FISCAL AGENCY.

SECTION 1. [Designation of agency by governor.]-The governor is hereby authorized to designate some bank in the city of New York, as the state agency for the payment of bonds and coupons issued by the state or any county, township, precinct, city or school district, which are by their terms made payable in said city. [1875 § 1, 163.]

SEC. 2. [Bond of agency.]-Before establishing and designating such agency, the governor shall require such agency to give a bond in double the amount of moneys which said agency may have in its custody at any time, such bond to be approved by the governor and auditor, and filed in the office of secretary of state. [Id. § 2.]

SEC. 3. [Payments, how made-Commissions.]-The state treasurer, and such other officers as are by law designated for the purpose, are required to remit to the state agency, at least ten days before the day of maturity of any bonds or coupons payable in New York city, sufficient moneys out of the tax collected for the purpose, for the redemption of such bonds and coupons, and in addition thereto, a commission not exceeding one-eighth of one per cent. for the disbursement of the same, and all expenses for such commissions, exchange, and postage, shall be a proper charge against the state, county, city, township, precinct or school district, for which such moneys are remitted, and shall be allowed the treasurer in his settlement. [Id. § 3.]

SEC. 4. [Same-Notify officers of money received.]-On the receipt of any funds by the state agency it shall be the duty of such agency to notify the officer from whom received, of the receipt thereof; and immediately on the payment of such bonds or coupons for which funds were remitted, said coupons or bonds shall be cancelled, and returned to the officer from whom such funds were received. [Id., § 4.]

SEC. 5. [Same-Bonds payable at.]-It shall be the duty of the state

SECS. 4-5. "An act to provide for the collection of public funds and moneys," Laws 1879, 156. Took effect February 24, 1879. See 8 Neb. 67. SECS. 1-5. "An act to provide for the establishment of a fiscal agency for the state of Nebraska, in the city of New York, and prescribing the duties of officers in relation thereto." Laws 1875, 163. Took effect February 25, 1875.

NOTE.-See also cities of the first-class, cities of the second-class, counties and county officers, internal improvements, revenue, and schools. All acts of a special nature relating to this subject and applicable to particular cities, counties and school districts, are omitted from this volume.

auditor, immediately after the passage of this act, and the establishment of the agency provided herein, to publish a notice of the same, in some paper of general circulation in the city of New York for two weeks, and thereafter, all bonds and coupons of the state, or any county, city, township, precinct or school district in the state, which are by their terms payable at any particular bank in said city, shall be paid at such agency. [Id. § 5.]

REGISTRATION OF PRECINCT BONDS.

SEC. 6. [Precinct and school district bonds-Record by county clerk.]-From and after the passage of this law, it shall be the duty of precinct or township and school district boards or officers, after having first filed for record with the county clerk, the-question of submission, notice, and proof of publication, return of votes for and against, to register with the county clerk all precinct or township and school district bonds voted and issued pursuant to the following act and sections of an act: "An act to enable counties, cities, and precincts to borrow money on their bonds, or to issue bonds in aid of works of internal improvement in this state, and to legalize bonds already issued for such purposes.' Approved February 15, 1869; and amendments thereto approved March 3, 1870. And sections 30, 31, and 32, of "An act to establish a system of public instruction for the state of Nebraska," approved February 15, 1869. [G. S. § 1, 883.]

SEC. 7. [Fees.]-It shall be the duty of the county clerk, in a book prepared for that purpose, to record the question of submission, notice and proof of publication, return of votes for and against; and the fee for so doing, to be paid by the precinct or township, or school district board, or officers, as the case may be, shall be the same as charged for the recording of deeds and mortgages. [Id. § 2.1

Sec. 8. [Registration-Fees.]-It shall be the duty of the county clerk, on presentation of any precinct or township, or school district bonds for registry, to register the same in a book prepared for that purpose, which register shall contain, First. The number, or name of the precinct or township, or school district. Second. The number of the bond. Third. The date of the bond. Fourth. To whom payable. Fifth. Where payable. Sixth. When due. Seventh. When interest is due. Eighth. Amount of bond. Ninth. Reference by page to the book provided for in section two, giving history of the bond. The county clerk shall receive a fee of twenty-five cents for every bond so registered. [Id. § 3.]

SEC. 9. [Duties of officers.]-It shall be the duty of all precinct or township, and school district boards, or officers, immediately after the passage of this act, to furnish the county clerks of their respective counties, with a statement of the amount of bonds heretofore issued by their precincts, townships, or school districts and not already paid, the date of each bond, when, where, and to whom payable, the amount, the rate of interest, and when and where it is payable; which bonds shall be registered by the county clerk, in conformity with section three of this act; and the fee for registering under this section shall be twentyfive cents for each bond. [Id. § 4.]

REGISTRATION AND REDEMPTION OF COUNTY BONDS.

SEC. 10. [Registration by county officers.]-That the officers of any county in this state, issuing bonds, shall make registration in a book kept for that purpose, of the notice of election, manner and time of publication, questions of submission, and adoption of the proposition on account of which such bonds were issued; also of the date, amount, number, maturity, when payable, and where paya

SECS 6-9. "An act to provide for the registration of precinct or township and school district bonds." G. S. 883. Cited 7 Neb. 497. Took effect Feb. 27, 1873. The provisions of this act applicable to school district bonds were repealed by Laws 1879, 175. See section 19, subdivision XV, chapter 79, post. See chapter 45.

SEC. 9. The amendment to this section made Feb. 25, 1875, Laws 1875, 185 was held unconstitutional, 9 Neb. 509, and is omitted. The substance of it was re-enacted in 1879 and appears in § 13, subdivision XV chapter 79. The act entitled, "An act to declare the true intent and meaning of the expression "school district" [1877, 64] in the amendatory section [1875 § 1, 185] was also re-enacted in 1879 and appears in same subdivision.

SECS. 10-19. "An act to authorize the registration, collection and redemption of county bonds." Laws 1875, 169. Took effect Feb. 25, 1875.