Oct. 11, 1862, 1016. By whom the be instituted. proceeding to Oct. 11, 1862, 1017. Accusation ney, how made. court, of its own motion, for matters within its knowledge, or that of any of the judges thereof; otherwise it may be taken upon the information of another. § 1049. [1017.] If the proceedings be upon the motion of the court or judges thereof, for matters within its against attor knowledge, the accusation shall be made by an order of the court reciting the facts charged. If upon the information of another, the accusation must be presented to the court, in writing, and verified by the oath of the person making it, or of some other person, to the effect that the charges therein contained are true, as he believes. Oct. 11, 1862, 1018. Order for accused to appear and answer. Oct. 11, 1862, 1019. If accused do not appear, court to proceed. 11 Or. 459. Oct. 11, 1862, 1020. Accusation may be de § 1050. [1018.] After the accusation has been made or received, the court shall forthwith make an order requiring the accused to appear and answer the accusation, at a specified time in the same or a subsequent term, and shall cause a copy of the order and of the accusation to be served upon the accused, within a prescribed time, before the day appointed in the order to appear and answer. But when the proceeding is upon the information of another, the accusation shall be dismissed at once, unless it appear therefrom that the accused should be required to appear and answer the same. § 1051. [1019.] The accused must appear at the time appointed in the order, and answer the accusation, unless, for sufficient cause, the court assign another day for that purpose. If he do not appear, the court may proceed and determine the accusation in his absence. § 1052. [1020.] The accused may demur to the accusation for insufficiency, or controvert it by answer. The demurrer and answer shall be in writing, and the latter controverted. shall be verified by the oath of the accused in the same manner as a pleading in an action at law. murred to or Oct. 11, 1862, § 1021. If demurrer § 1053. [1021.] If a demurrer, for insufficiency, be not sustained, the accused shall answer forthwith. If he not sustained, plead guilty, or refuse to answer the accusation, the court shall proceed to judgment of removal or suspension. If Judgment for he controvert the matters charged, the court shall then, or at such time as it may appoint, proceed to try the ac must answer forthwith. want of answer or after trial. Ø 1021. cusation, and give a judgment of removal, suspension, or Oct. 11, 1862, acquittal, according to law and the right of the case. § 1022. Accusation on the court be true, but may be shown otherwise. 1023. Circuit or § 1054. [1022.] When an accusation is made upon Oct. 11, 1862, the knowledge of the court or the judges thereof, the facts therein stated are presumed to be true, but if the knowledge of accused controvert the accusation, he is allowed, on presumed to the trial, to overcome such presumption by the introduction of any proper or pertinent evidence therefor. § 1055. [1023.] Any circuit or county court may sus- Oct. 11, 1862, pend an attorney from practicing therein for any of the causes mentioned in section 1047 [1015], for a period not beyond the adjournment of the next term of the supreme court. The mode of proceeding shall be the same as provided in like proceedings in the supreme court. The court giving the judgment of suspension shall cause a certified copy of the judgment, pleadings, and proceedings to be transmitted to the supreme court at the next term thereof, and thereupon such court shall proceed against the party suspended as if the proceeding had originated in that court. county court attorney until court." may suspend next term of supreme $ 1024. Proceedings to compel an deliver over attorney to money or § 1056. [1024.] When an attorney refuses to deliver Oct. 11, 1862, over money or papers to a person from or for whom he has received them in the course of professional employment, whether in a judicial proceeding or not, he may be required by an order of the court in which a judicial papers. proceeding was prosecuted or defended, or if none were prosecuted or defended, then by an order of the circuit court or judge thereof for the county where such attorney resides or may be found, to do so within a specified time, or show cause why he should not be punished for a contempt. $1025. § 1057. [1025.] If, however, the attorney claim a lien Oct. 11, 1862, upon the money or papers, under the provisions of section 1044 [1012], the court shall, How court to proceed if attorney 1. Impose, as a condition of making the order, that claims a lien. the client give security, in form and amount to be directed, to satisfy the lien, when determined in an action or suit; or, Oct. 11, 1862, 1025. 2. Summarily inquire into the facts on which the claim of a lien is founded, and determine the same; or, 3. Direct the trial of the controversy by a jury, or reclaims a lien. fer it, and upon the verdict or report, determine the same as in other cases. How court to proceed if attorney Oct. 11, 1862, § 1026. Elisor, when TITLE VI. OF PERSONS SPECIALLY AUTHORIZED TO EXECUTE PROCESS § 1058. Elisor, when and by whom appointed. § 1059. General powers, duties, and responsibilities of elisor. § 1058. [1026.] Process in any action, suit, or proceeding may be executed by a person specially appointed and by whom by the court or judge thereof, who is denominated an elisor, in either of the following cases: appointed. Oct. 11, 1862, $ 1027. General and responsi 1. When the sheriff and coroner are parties; 2. When either of those officers is a party, and the process is against one of them for a disobedience of an order or process against the other; 3. When the office of sheriff and coroner are vacant, or when it appears to the satisfaction of such court or judge that such process should be executed immediately, and before the sheriff or coroner could be reached. § 1059. [1027.] An elisor may be required to give security in such manner as the court may direct. When powers, duties, process is delivered to him, he must execute it in the same manner as the sheriff should execute similar process, and in the execution thereof, and in every matter incidental thereto, he is invested with the powers, duties, and responsibilities of the sheriff. bilities of elisor. Oct. 11, 1862, 1028. TITLE VII. OF RECEIVERS. § 1060. Receiver, definition of. § 1061. In what cases he may be appointed. § 1062. His oath and undertaking. § 1060. [1028.] A receiver is a person appointed by a court or judicial officer to take charge of property $1028. during the pendency of a civil action, suit, or proceeding, Oct. 11, 1862, or upon a judgment, decree, or order therein, and to Receiver, manage and dispose of it as the court or officer may direct. definition of. 14 Or. 167. § 1029. § 1061. [1029.] A receiver may be appointed in any Oct. 11, 1862, civil action, suit, or proceeding, other than an action for the recovery of specific personal property, 1. Provisionally, before judgment or decree, on the application of either party, when his right to the property, which is the subject of the action, suit, or proceeding, and which is in the possession of an adverse party, is probable, and the property or its rents or profits are in danger of being lost or materially injured or impaired; 2. After judgment or decree, to carry the same into effect; 3. To dispose of the property according to the judg ment or decree, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied, and the debtor refuses to apply his property in satisfaction of the judgment or decree; 4. In cases provided in this code, or by other statutes, when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 5. In the cases provided in this code when a debtor has been declared insolvent. -- Appointment of receivers. Though the appointment of receivers, which was a part of equity jurisdiction, has been provided for by statute, the principles of equity must still be resorted to for guidance. A receiver has been defined as an indifferent person between the parties to a cause, appointed by the court to receive and preserve the property or fund in litigation, and receive its rents, issues, and profits, and apply or dispose of them at the direction of the court, when it does not seem reasonable that either party should hold them: Baker v. Backus, 32 Ill. 79; Chatauqua County Bank v. White, 6 Barb. 589; Waters v. Carroll, 9 Yerg. 102; Devendorf v. Dickinson, 21 How. Pr. 275. The power of appointment of a Receiver, in what cases appointed. 15 Or. 89. Oct. 11, 1862, 1029. Atk. 578; Ex parte Whitfield, 2 Id. 315; Ex parte Mountfort, 15 Ves. 445; Crowder v. Moone, 52 Ala. 220; Baker v. Backus, 32 Ill. 79; Merchants' & Manufacturing Nat. Bank v. Circuit Judge, 43 Mich. 292; Jones v. Schall, 45 Id. 379; Hardy v. McClellan, 53 Miss. 507. A plaintiff seeking relief by appointment of a receiver must show that he has either a clear right to the property itself, some lien upon it, or that it constitutes a special fund to which he has a right to resort for the satisfaction of his claim, and that the possession of the property by defendant was obtained by fraud, or that the property itself, or the income arising from it, is in danger of loss from neglect, waste, misconduct, or insolvency of the defendant: Mays v. Rose, Freem. 718. The cases generally agree that an application for appointment of a receiver is addressed to the sound discretion of the court: Crane v. McCoy, 1 Bond, 422; Mays v. Rose, Freem. 718; Ex parte Walker, 25 Ala. 81; Verplank v. Caines, 1 Johns. Ch. 57; but as to the extent of such discretion there has been some difference. In Wilson v. Denis, 1 Mont. 98, the court went so far as to hold that the power to appoint a receiver is a matter of arbitary discretion on the part of the court to which the application is made, and could not be interfered with on appeal. In Orphan Asylum v. McCartee, 1 Hopk. Ch. 435, the court remark: "It is said that the appointing of a receiver rests in discretion. This proposition does not teach much. A receiver is proper if the fund is in danger, and this principle reconciles the cases found in the books. There is no case in which the court appoints a receiver merely because the measure can do no harm." The opposite party is, as a rule, entitled to notice of application for receiver, and to a hearing thereon: Turyeau v. Brady, 24 La. Ann. 348; Nusbaum v. Stein, 12 Md. 315; Jones v. Schall, 45 Mich. 379; Mays v. Rose, Freem. 703; Whitehead v. Wooten, 43 Miss. 523; Tibbals v. Sargeant, 14 N. J. Eq. 449; and notice will only be dispensed with in extreme cases, where the delay required to give notice would result in irreparable loss or injury: Crowder v. Moone, 52 Ala. 220; Williams v. Jenkins, 11 Ga. 595; Johns v. Johns, 23 Id. 31; Baker v. Backus, 32 Ill. 79; French v. Gifford, 30 Iowa, 148; Triebert v. Burgess, 11 Md. 542; Clark v. Ridgley, 1 Md. Ch. 70; Whitehead v. Wooten, 43 Miss. 523; Field v. Ripley, 20 How. Pr. 26; Van Rensselaer v. Morris, Paige, 1; Bloodgood v. Clarke, 4 Id. 574; Sandford v. Sinclair, 8 Id. 373; Cleveland etc. R. R. Co. v. Jewett, 37 Ohio St. 649; Oil Run Petroleum Co. v. Gale, 6 W. Va. 525. A new receiver may be appointed on the death of a former receiver without notice: Nicoll v. Boyd, 90 N. Y. 516. The appointment is made, generally, either to prevent fraud, protect property from injury, or preserve it from destruction, but the mere allegation of the facts is not sufficient to authorize a court to make the appointment. The plaintiff must establish such facts and make out a strong case for relief before the appointment will be made: Baker v. Backus, 32 Ill. 79; Hamilton v. Accessory Transit Co., 3 Abb. Pr. 255; Henshaw v. Wells, 9 Humph. 568; Barkhurst v. Kinsman, 2 Blatchf. 78; Crane v. McCoy, 1 Bond, 422. A mere showing on information and belief of the party or of his attor ney will not be sufficient: Haines v. Carpenter, 1 Woods, 262; Davis v. Reaves, 2 Lea, 649. A receiver will not be appointed in an improper case, though both parties consent: Whepley v. Erie R. R. Co., 6 Blatchf. 271. Where the party making an application for receiver has been guilty of laches his application will be denied: Young v. Graham, 1 Hogan, 173; Jones v. Jones, 3 Mer. 173. A receiver will not generally be appointed to take charge of property which is not in possession of a party to the suit: Searles v. Jacksonville P. & M. R. R. Co., 2 Woods, 621; Mays v. Wherry, 3 Tenn. Ch. 34. Before a receiver will be appointed, the applicant must show an apparent right to property in the possession of the adverse party, and that it is in danger of being lost or injured: Twitty v. Logan, 80 N. C. 69; Levenson v. Elson, 88 Id. 182. Receiver will be refused where plaintiff's claim to real property is apparently doubtful, and he makes the application merely on the ground of insolvency of the person in possession: Cofer v. Echerson, 6 Iowa, 502. In cases of controversy respecting title to property, the courts are reluctant to interfere against the legal title, and will do so only in cases of fraud or danger to the prop |