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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.

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.

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. But it must appear that fees are due. 11 Neb. 522.

SEC. 15. Attorney may be employed by private parties to assist district attorney in criminal case: 14 Neb. 544.

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 connty 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 or 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 inhabitants, 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

SEC. 15-28. "An act 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."

district judge before whom said cause was tried, certifying to the services rendered by such assistant or assistants.

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 subpœnas 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.]

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 bricf

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

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 individual, 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.]

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CHAPTER 8a.-BEES.*

SECTION 1. [Foul brood-diseased bees.]-It shall be unlawful for any person to keep or have in possession in this state any honey bees, brood comb, or honey known to possess or to be infected with the disease known as "foul brood," or with any other infectious or contagious disease peculiar to bees or honey, contrary to the provisions of this act, or to keep or have in possession any bee hive or other receptacle in which any foul brood, diseased bees, or infected honey, is known to have been kept. Every person violating any provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred for each offense, or be confined in the county jail not more than thirty days. [1885, chap. 3.]

SEC. 2. [Same-Destruction.]--Any honey bees, brood comb, or honey owned or kept or found in this state known to be affected with foul brood or other infectious or contagious disease, and any bee hive or other receptacle in which any bees, brood comb, or honey shall have been kept, known to have been infected with any infectious or contagious disease, shall be destroyed immediately and completely by burning, by the owner thereof, or the person or persons in whose possession the same may be.

SEC. 3. [Same-Penalty.]-Every person owning or having in his or her possession, or under his or her control any honey bees, brood comb, honey, bee hive or receptacle, or apparatus known to be infected with any infectious or contagious disease peculiar to honey bees or honey, or in which any diseased bees or infected honey shall have been kept, who shall not immediately cause the same to be destroyed as provided in section 2 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense, or be imprisoned in the county jail not more than thirty days for each offense.

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. 11 Id. 435. "An act to protect bee husbandry from foul brood and other infectious and contagious diseases."

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SEC. 4. [Inspection.]-Every person owning or keeping honey bees in this state shall cause all bees owned or kept by him or her to be inspected at his or her own expense as hereinafter provided. Every person neglecting or refusing to cause all such bees to be duly inspected as hereinafter provided shall be deemed guilty of a misdemeanor, and shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense upon conviction thereof. Provided, That if upon inspection of any colony or colonies of bees the disease of foul brood or other infection or contagion shall be found to exist, and such inspector shall be of the opinion that by proper treatment such disease or contagion or infection may be removed, he shall so certify officially in his certificate of inspection, and the owner or keeper of such bees shall be entitled to keep such bees for the period of six months for treatment, and at the expiration of said time if such disease or infection or contagion shall not be eradicated, such bees shall be destroyed as hereinbefore provided, and any person or persons having in possession any brood comb, bee hive, honey, or apparatus used in connection with bee culture, found in like manner to be infected with foul brood or infectious or contagious disease, such person shall be allowed the period of thirty days in which to disinfect the same, but no longer, and if at the end of said period of thirty days said disinfection shall not have been complete, such brood comb, bee hive, honey, or apparatus shall be destroyed as hereinbefore provided.

SEC. 5. [Same-Certificate.]-Every person engaged in bee keeping in this state, either as owner, agent, or lessee in infected districts, shall cause to be inspected at least once in each year each and every brood or colony of bees, brood comb, and honey in his or her possession or under his or her control, and procure a certificate of such inspection showing the true condition of each and every one of the above named articles in his or her possession as to the existence of foul brood or other infectious or contagious disease, in duplicate, one of which duplicates shall be left with such person, and the other shall be filed in the office of the county clerk of the county where such bees or honey or brood comb is kept.

SEC. 6. [Inspector-Pay.]-Upon the application of the Nebraska State Bee Keepers Association, or other person or persons interested in bee culture residing in any county in the state, the governor may appoint a suitable person resident of said county inspector of bees and honey for said county, who shall be sworn to perform the duties of such office faithfully and impartially, whose duty it shall be to inspect all bees, brood comb, and honey, within his said county when called upon for that purpose, and shall be entitled to receive the sum of two dol lars for each day or part of a day necessarily employed in making such inspection, to be paid by the owner or agent or lessee in whose possession such bees, brood comb, or honey may be when inspected. Such inspector shall make certificates in duplicate, and shall give one to the owners or person in charge of such bees, brood comb, or honey, and file the other in the office of the county clerk as aforesaid.

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.]

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.

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