of creditors only who shall execute a release, shall be taken as a preference in favor of such creditors, and be void, and the assignment shall be held and construed to inure to the benefit of all the creditors in proportion to their respective demands.

SEC. 7. [Assignment void if not recorded.]-All assignments so made and executed as aforesaid, which shall not be recorded in the office for the recording of deeds in the county in which said assignor resides, and in the county in which real estate so assigned is situate, within thirty days after the execution thereof, shall be considered null and void, as against any of the creditors of said assignor, and subsequent bona fide purchasers without notice.

SEC. 8. [Citation to assignee.]--Whenever it shall be made to appear to the court having jurisdiction as aforesaid, or to the judge thereof during vacation, on the application of any person interested in the trust estate, that an assignee as aforesaid has neglected or refused to file a true and complete inventory, or give bond with surety as hereinbefore required, or to file the accounts of his trust as hereinafter required, or that such assignee is wasting, neglecting, or mismanaging the trust estate, or is in failing circumstances, or has removed, or is about to remove out of the jurisdiction of the court; in any such case it shall be lawful for such court, or the judge thereof, to allow a citation to issue to such assignee, requiring him to appear before the court, or judge thereof in vacation, at a time to be therein named, to show cause why he should not be dismissed from the trust.

SEC. 9. [Additional security.]-On the return of such citation, such assignee shall be required to give such other and further security as to the court, or the judge thereof, may think reasonable; or the court, or judge thereof, may at once dismiss such assignee from the trust.

SEC. 10. [Same.]-The like proceedings may be had whenever it shall be made to appear to such court, or judge thereof, that any person who shall have become surety for any assignee as aforesaid, in any bond, for the due execution of the trust, is in failing circumstances, or has removed, or is about to remove out of the state.

SEC. 11. [Appointment of assignee by the court.]-The district court, or judge thereof, having jurisdiction as aforesaid, shall have power to appoint assignees as aforesaid in the following cases, viz.: First. When any assignee, named in the voluntary assignment, shall refuse to act under or accept the trust. When any such assignee shall die, or shall have been declared to be a lunatic or habitual drunkard, or be dismissed by the court from the trust, and such appointment may be made on the application of any person interested in the estate or property which is the subject of the trust.

SEC. 12. [Duties of assignee.]-Every assignee so appointed by the court, or judge thereof, shall be liable to the same duties, shall have the same powers and authorities in relation to the trust, or the further execution of the same, as the case may be, and shall be subject to the jurisdiction and control of the court, or judge thereof, in the same manner as his predecessor in the trust.

SEC. 13. [Powers of the court.]-Upon the appointment of any assignee as aforesaid, it shall be lawful for the court, or judge thereof, to order and direct all books, papers, moneys, and all the trust estate and effects whatsoever, to be forthwith delivered or transferred to such persons as the court, or judge, may appoint as aforesaid, upon security being given by such person as hereinbefore required, and such trust estate and effects shall forthwith pass to and be vested in such succeeding assignee.

vision in an assignment that an assignee may compromise choses in action when he deems it expedient, held, to give authority to compromise only doubtful claims. Id. A reservation to pay over to the assignor "the rest, residue and remainder, if any there be after paying said costs, charges, expenses and debts aforesaid" does not render an assignment void. Id. 7 Neb. 430.

SEC. 7. Deeds of assignment under this act must be acknowledged in same manner as deeds of real estate. 10 Neb. 514.

SEC. 8. The entire proceedings are under the control of the district court or judge thereof, and it is the duty of the court or judge, upon proper application, to see that the assignee properly discharges the duties of his trust. 9 Neb. 40. As to the remedy against an assignee, before the passage of this act, where he neglected to collect the assets and render them available, or to settle claims of creditors etc., sec 9 Neb. 353.

SEC. 14. [Same.]-It shall be lawful for the court having jurisdiction as aforesaid, or the judge thereof in vacation, to make all such orders and decrees from time to time as may be necessary for carrying into effect any trust aforesaid, or for the distribution of moneys in the hands of such assignee, or for the settlement of the accounts of such assignee, or for the delivery or transfer of such trust estate and effects to the person appointed assignee by the court as aforesaid, and also to issue process for the appearance of persons amenable to its jurisdiction in such cases, and to compel obedience to its orders and decrees, and enforce the execution thereof. And the court shall allow such assignees such compensation out of the funds or effects in their hands for their services as shall be reasonable and just.

SEC. 15. Accounts of assignees.]-It shall be lawful for the said district court, or judge thereof during vacation, on application of any person interested in such trust estate, or any co-assignee, to issue a citation to any assignee for the benefit of creditors, whether appointed by voluntary assignment, or in pursuance of the provisions of this act requiring such assignee to appear in said court, or before said judge, and exhibit, under oath or affirmation, within a certain time to be named in such citation, a full and complete account of the management of the trust estate, and to perform such other acts or things as may be required by, or shall be consistent with, the duties of the trust; Provided, That no such citation shall be issued until after the expiration of one year from the date of the assignment to, or appointment of such assignee.

SEC. 16. [Legal representative. The legal representative of any such assignee may in like manner be cited to exhibit in court an account of the management of such trust estate of the assignee in his life-time.

SEC. 17. [Settlement of accounts.]-Such assignee aforesaid may, with leave of the court, or judge thereof, make a voluntary final settlement of his accounts or settlements of his accounts from time to time, so far as he may have executed the trust, and the same shall be filed in the office of the clerk of the court.

SEC. 18. [Notice.]-The court, or judge, shall, by general order, or by such order as the circumstances of any particular case may require, direct the clerk thereof, to give notice of the exhibition and filing of every account so filed as aforesaid, during such time and in such newspapers as the court shall direct, setting forth in such notice that the account will be allowed and confirmed at a certain time to be stated in such notice, unless cause be shown why the same should not be allowed. The expense of such publication shall be paid by the assignee at the time of filing such account, and shall be passed to his credit in such account.

SEC. 19. [Exceptions-Reference.]-On the filing of any accounts by any assignee or his legal representatives as aforesaid, it shall be lawful for any person interested in such trust estate to file in said court exceptions to such accounts, or to parts thereof, and thereupon the court, or judge, may refer the same to one or more referees, not exceeding three in number, who shall be sworn or affirmed, well and truly to audit and adjust, and re-state such accounts, and make report thereof, together with the proofs taken therein, to the court or judge; and upon the filing of such report, any person or persons interesting [ed] in such trust estate, may file exceptions to such report, or any part thereof, which exceptions shall be heard and determined by the court or judge thereof.

SEC. 20. [Powers of referee.]-The referee or referees so appointed shall have the same power to summon and enforce the attendance of witnesses before them, to administer oaths on the hearing of such case, to examine such assignee, upon oath, touching the execution of the trust, to compel the production of any books, papers, or other documents necessary to a just decision of any question before them, and to grant adjournments, as the court or judge, upon such hearing, might have. And depositions to be read in evidence on the hearing of such case, may be taken by any person interested in such trust estate, in the manner and under the rules prescribed by the code of civil procedure of this state for the taking of depositions.

SEC. 21. [Statement of assignee Settlement-Notice.]-Such assignee or assignees aforesaid shall, every six months, file with the clerk of the district court in the county a full and complete statement of his or their doings in the premises, which statement shall be open to the inspection of any of the creditors of the trust or estate at all times, and the said assignee or assignees may, at their option, make a full and final settlement of their trust by giving notice in some newspaper published in said county, or if no such newspaper shall be published in said county, then in some newspaper having general circulation in said county, that he or they will appear in open court for the purpose of making such final settlement, and asking for a full and complete discharge from the trust aforesaid; and if upon examination of the statement of such assignee by the court, it shall appear that the trust or estate has been disposed of for the benefit of the creditors, the court, or judge thereof, shall enter or cause to be entered a full and complete discharge of the assignee or assignees, which shall forever release him or them from any further obligation in the premises, unless in case of fraud. SEC. 22. [Removal of assignee.]-When any assignee shall remove out of the county in which he resided at the time of his appointment, or shall not possess real or personal property in such county sufficient to satisfy any order or decree made against him by the court of such county, or judge of said court, it shall be lawful for such court, or judge, to issue process to the county in which he may have real or personal estate amenable to such process, and such process shall be executed by the sheriff, or coroner, as the case may require, of the county of which such assignee may be, or may have real or personal property.

SEC. 23. [Appeal.]-Any assignee, or person interested in such trust estate, may appeal from the final order or decree of the district court, or judge, in any case relating to such assignee, or the settlement of their accounts, to the supreme court of the state, but such appeal shall be confined to the matters excepted to in the district court, or before said judge; and the person appealing shall, within thirty days from the rendition of such decree, or the making of such final order, file in the office of the clerk of the district court, a notice in writing of such appeal, and upon causing a minute thereof, and of the date thereof, to be made in the case upon the appearance docket of said court, the appeal shall be deemed properly taken.

SEC. 24. [Transcript to be filed in supreme court.]-The appellant shall, within six months after the date of the rendition or the making of such final order, procure from the clerk of the district court a certified transcript of the proceedings had in such case in the district court, containing the decree rendered, or final order made therein, and all the testimony and proofs relating to the subject matter excepted to as aforesaid, and have the said case properly docketed in the supreme court; and on failure thereof, the decree rendered, or final order made, in the district court, shall stand and be proceeded in as if no appeal had been taken.

SEC. 25. [Assignments heretofore made.]-In all cases of voluntary assignment heretofore made by any debtor for the benefit of his creditors, the assignee or assignees named in such voluntary assignment shall be subject to all the provisions of this act, and on application to said court, or judge thereof, by any person interested in such trust estate, said assignee or assignees may be required to give bond or bonds, with sufficient security, in manner and form provided in section three of this act.

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

SECS. 1-14. Chap. III., R. S. 14; except sections 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 Passed and taking effect Feb. 18, 1873, [G. S. 98,] was repealed, Laws 1879, 78. The repealing act

.cases.

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 waiver 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.