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nant to furnish such female minor with an ample supply of decent clothing, and wholesome food, and at the expiration of the term of service to furnish the said minor with two full suits of female wearing apparel, and fifty dollars in money.
487. Duties of master or mistress-Teaching-Food and clothes.
SEC. 6. In case of a male minor being bound to serve five years or more, the master or mistress shall covenant to teach, or cause such minor to be taught to read and write the language, the rules and principles of common English grammar, and so much of arithmetic as will include the single rule of three. And in all cases to furnish such male minor with substantial food and decent wearing apparel; and, also, at the expiration of the term of service, to furnish the said minor at least two suits of common clothing, each suit being of the value of not less than twenty-five dollars, and the sum of one hundred dollars in money, and the said master or mistress shall further covenant that all money or property stipulated to be delivered or paid by the master or mistress shall be secured to and for the sole use and benefit of the minor.
488. Record of covenant-Penalty for failure.
SEC. 7. It shall be the duty of the master or mistress to cause the indenture or covenant of service to be recorded within thirty days from the execution thereof, by the recorder of the county in which the master or mistress resides, and on failure so to do the said minor shall be discharged from his or her service or apprenticeship, and the master or mistress shall remain liable for the payment of all property stipulated to be paid by his or her covenant.
489. County recorder to record all covenants-Certified copies-Fees of recorder and how paid-Penalty of the recorder.
SEC. 8. It shall be the duty of the county recorder to record all indentures or covenants of service or apprenticeship, in a book to be by him provided for that purpose, and he shall indorse the date of the receipt and the time of recording the same, and shall furnish certified copies of the same when required, for which service he shall be entitled to such fees as are provided by law for such labor, the same to be paid by the person or persons requiring such certified copy; and a certified copy of the indentures shall be prima facie evidence of the existence and stipulations of said indenture; and any county recorder who shall neglect or refuse to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor exceeding five hundred dollars.
490. County commissioners' duties-Cruelty, neglect, or breach of covenant-Complaints-Summons.
SEC. 9. It shall be the duty of the county commissioners, in the county where any minor is bound, as provided in this act, to inquire as often as once in every three months into the usage of any minor bound as aforesaid, and to defend such minor or child from the cruelty, neglect, or breach of covenant of the master or mistress, or any parent, guardian or trustee, or friend of any such male or female minor bound as aforesaid, as well as the board of county commissioners, may enter complaint against such master or mistress before any justice of the peace, in the county where any such master or mistress resides, and such justice of the peace shall summon such master or mistress forthwith to appear before him, and if he can reconcile the parties to each other he shall make such order therein as the equity and justice of the case may require.
491. Jury to be summoned-In case of breach of contract.
SEC. 10. If said justice of the peace shall be unable to settle and adjust the difference in dispute between the parties, he shall issue a venire to any constable of the township to summon five disinterested citizens, to be therein named, to meet at a time and place certain, not to exceed three days thereafter, and the five jurors, or such other persons as the justice may appoint, in case of their failure to attend, when met and qualified, shall proceed to hear the evidence in the case, and if they find such master or mistress guilty of a breach of his or her indenture or covenant, or neglect or refusal to furnish necessary food or clothing, or of cruelty towards such minor, they shall render their verdict in writing accordingly, and shall assess the damages such minor or child may have sustained.
492. Verdict and judgment-Costs.
SEC. 11. Whereupon the justice shall enter the verdict in his docket, and shall render judgment thereon for the damages so found by the jury, and costs against said master or mistress, and award execution accordingly; and the indenture or covenant of service shall be void from the rendition of judgment; but if the jury shall find the defendant not guilty, the justice shall render judgment for costs against the parent, guardian, trustee, friend or other party or parties who have made the complaint (when such complaint has been made without probable cause), as the case may be, and shall issue execution accordingly.
493. Bad conduct of child-Costs not payable by county.
SEC. 12. When the conduct and habits of the minor apprentice, clerk or servant shall become immoral and dissolute, and when such minor shall act in disregard of the reasonable commands of his or her master or mistress, when the authority of such master or mistress shall be exerted for his or her reformation without effect, the master or mistress may complain to any justice of the peace in the county, who shall give notice to the board of county commissioners, and to the parent, guardian, trustee or friend of such minor, as the case may be, and such proceeding shall be had as to summoning and impaneling a jury, provided in section 10 of this act; and if upon such investigation the said jury shall be of opinion that said master or mistress should be discharged from his or her covenants, they shall certify the same in writing to said justice, who shall enter the same upon his docket, and thereupon the said indenture shall be void. But no judgment for costs shall be entered against any board of county commissioners, nor against any parent, guardian, trustee or friend of said minor, but the said costs (except for the witnesses for the minor) shall be paid by the master or mistress. 494. Fees of witnesses and jurors, and how paid.
SEC. 13. The jurors and witnesses summoned and attending under the provisions of this act shall be allowed two dollars per day, and the justices and constables such compensation as is allowed by law for similar services. 495. Penalties of persons aiding runaways.
SEC. 14. Every person who shall counsel, persuade, entice, aid or assist any minor or apprentice, clerk or servant, as provided for in this act, to run away, or absent himself or herself from the service of his or her master or mistress, shall forfeit and pay a sum not exceeding two hundred dollars, to be sued for and recovered by action of debt, with costs, by such master or mistress, before any justice of the peace having jurisdiction thereof. 496. Penalties for concealing runaways.
SEC. 15. Every person who shall harbor or conceal any minor apprentice, clerk or servant, as provided in this act, knowing such apprentice, clerk or
servant to have run away, shall forfeit and pay to such master or mistress a sum not to exceed two hundred dollars, damages to be recovered in an action on the case before any court having competent jurisdiction thereof. 497. Relative to liability of guardians.
SEC. 16. No board of county commissioners, nor any parent, guardian, trustee or friend of any minor or apprentice, clerk or servant, provided for by this act, shall be liable, upon any covenant contained in any indenture or covenant of service, unless the same shall contain an express covenant therein that the said commissioners, parent, guardian, trustee or friend of such minor is made individually liable.
SECTION 1. All persons admitted to practice in any of the courts of this territory, shall be known as attorneys and counselors at law.
499. Who admitted to practice.
SEC. 2. Any citizen of the United States, or person resident of this state, who has, bona fide, declared his intention to become a citizen in the manner required by law, of the age of twenty-one years, and who possesses the necessary qualifications of good moral character, learning and ability, shall be entitled to admission as an attorney and counselor in all the courts of this state. Under this act females shall have the same right and privileges as males. As amended, Stats. 1907, 148.
500. Admission of attorneys-Examining committee-Oath and fee. SEC. 3. Every applicant for admission as attorney and counselor at law shall produce satisfactory testimonials of good moral character, and undergo such examination, as to his qualification, as the supreme court may direct; provided, that such examinations and testimonials may be dispensed with at the discretion of said court; and it is hereby made the duty of the supreme court, upon application of the district judge of any judicial district within this state, to appoint a committee to examine persons applying for admission as attorneys and counselors at law, under such rules and regulations as the supreme court may prescribe, which committee shall consist of the district judge of the district, and at least two attorneys at law of the district in which the committee is appointed. And it shall be the duty of the com
mittee so appointed to examine persons applying for admission to practice law, and report to said supreme court the result of such examination, with recommendation that the person or persons so examined be or be not admitted to practice law. Upon the filing and approval by said supreme court of the report of any committee so appointed, the supreme court may order the clerk of said supreme court to issue to the person or persons so recommended a license, authorizing such person or persons to practice as attorneys and counselors at law in all the state courts within this state; but no license shall be issued, under the provisions of this act, until the person to whom the same may issue shall have filed with the clerk of the supreme court his official oath, and paid over to the state treasurer the sum of twenty-five dollars, as now provided by law. As amended, Stats. 1871, 148; 1875, 142.
Additional fees for admission of attorney, see secs. 2006 and 3953.
501. How licensed.
SEC. 4. If he be duly qualified, the court shall admit him as attorney and counselor in all the courts of the state, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of the court, which certificate shall be his license. As amended, Stats. 1871, 148.
502. Entered on roll.
SEC. 5. Any district court of this state may order to be entered upon its roll of attorneys the name of any person who shall produce a license given to him by the clerk of the supreme court, as in this act provided. As amended, Stats. 1871, 148.
503. Oath and license.
SEC. 6. Every person, before receiving a license to practice law, shall take, before some officer authorized by the laws of this state to administer oaths, the oath prescribed by law, and after procuring the state controller's order on the state treasurer, to receive the same, pay over to the said state treasurer the sum of twenty-five dollars, for the use of the state library fund; and the clerk of the court shall require of the person so admitted the clearance of the state controller, certifying the payment of said twenty-five dollars into the state treasury, before issuing such license, and in no case shall the license be issued until such clearance is filed in the office of the clerk. As amended, Stats. 1871, 148; 1873, 114.
504. Examination dispensed with.
SEC. 7. The examination may be dispensed with in the case of a person who has been admitted attorney and counselor in the highest courts of a sister state or territory, or a foreign country, where the common law of England constitutes the basis of jurisprudence. His affidavit of such admission, or his license showing the same, together with satisfactory evidence of good moral character, shall be deemed sufficient to entitle him to admission; but the court may examine the applicant as to his or her qualifications. As amended, Stats. 1907, 148.
505. Roll kept.
SEC. 8. Each clerk shall keep a roll of attorneys and counselors of the court of which he is clerk, which shall be a record of the court.
506. Practicing without license.
SEC. 9. If any person shall practice law in any court in this state, except a justice's, recorder's or municipal court, without having received a license as attorney and counselor, after admission by the supreme court, he shall be deemed guilty of a contempt of court, and punished as in other cases of con
tempt, and shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined one hundred dollars or imprisoned in the county jail fifty days. As amended, Stats. 1871, 149.
This section limits the right of appearing as an attorney before courts-martial to those who have obtained
507. Authority of attorney.
the required license. State ex rel. Huffaker v. Crosby, 24 Nev. 115, 121 (77 A. S. 786. 50 P. 127).
SEC. 10. An attorney and counselor shall have authority: First-To bind his client in any of the steps of an action or proceeding, by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise. Second-To receive money claimed by his client in an action or proceeding during the pendency thereof, or within one year after judgment and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction in the judgment.
This is not an enlargement of the attorney's authority, but merely a restriction as to the method of exercising it. State v. Cal. M. Co., 15 Nev. 243.
Evidence of oral agreement by attorney not to take default is inadmissible on application to set aside default.
508. Change of attorney.
Haley v. Eureka County Bank, 20 Nev. 410 (22 P. 1098). An attorney by written stipulation may waive undertaking on appeal. Hoffman v. Owens, 31 Nev. 481, 486 (103 P. 414).
SEC. 11. The attorney in an action or special proceeding may be changed at any time before judgment or final determination, as follows: FirstUpon his own consent, filed with the clerk or entered upon the minutes. Second-Upon the order of the court or judge thereof on the application of the client.
It is not sufficient presentation of a claim against an estate to hand it to the "attorney for the estate." at least not without showing that it actually reached the administratrix within the proper time for the presentation of
509. Notice of change.
claims. Douglass v. Folsom, 21 Nev. 441, 447 (33 P. 660). See State ex rel. Huffaker v. Crosby, 24 Nev. 115, 121 (77 A. S. 786, 50 P. 127), under section 10 of this act.
SEC. 12. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, shall be given to the adverse party; until then he shall be bound to recognize the former attorney.
See Douglass v. Folsom, 21 Nev. 441, 447 (33 P. 660), under section 11 of this act.
510. Death or removal.
SEC. 13. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney shall, before any further proceedings be had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.
In all other cases to disbar an attorney there must be a verified accusation in writing presented to the court, unless the facts are within its own knowledge, and serv
511. Suspension of attorney.
ice upon, and appearance by, the accused. In re Granger, 15 Nev. 57.
SEC. 14. An attorney and counselor may be removed or suspended by the supreme court, and by no other court in the territory, for either of the following causes arising after his admission to practice: First-Upon his being convicted of felony or misdemeanor, involving moral turpitude, in either of which cases the record of his conviction shall be conclusive evidence. Second-For wilful disobedience or violation of the order of a court requiring him to do or forbear an act connected with or in the course of his profession. Third-For misconduct in office, or for good cause shown.
Advertising for divorce business misdemeanor, sec. 6462. This section contemplates a conviction in a court of record; that the docket of a justice of the peace is not conclusive. In the Matter of Granger, 15 Nev. 56, 57.
Certain statements concerning a decision of the supreme court held to constitute a contempt of that court, which was not purged by defendant's disavowal of any intent to commit a contempt and by his apology. In re Chartz, 29 Nev. 110-(5 L. R. A. (N. S.) 916, 124 A. S. 915, 85 P. 352).
A court-martial, or any other court. other than the supreme court, has no power to suspend a licensed
attorney in the exercise of his rights for any cause and for any length of time. State ex rel. Huffaker v. Crosby. 24 Nev. 115, 122 (77 A. S. 786, 50 P. 127).
It is the duty of an attorney to observe the rules of courteous demeanor in open court, and to abstain out of court from all insulting language and offensive conduct towards the judges personally for their judicial acts. The supreme court has control over attorneys, and may suspend or disbar them for good cause shown. Language warranting disbarment recited. In re Breen, 30 Nev. 164, 181 (17 L. R. A. (N. S.) 572, 93 P. 997).