CHAPTER XIV. AN ACT relating to Attorneys at Law. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: tinue. SECTION 1. All persons who, by the law heretofore in force, Attorneys conwere permitted to practice as attorneys and counsellors, may continue to practice as such. office. SEO. 2. Any white male citizen of the United States, who is Qualifications for actually an inhabitant of this Territory, and who satisfies any district court of this Territory, that he possesses the requisite learning, and that he is of good moral character, may, by such court, be permitted to practice in all district and inferior courts. of this Territory, upon taking the usual oath of office. SEO. 3. 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. Power of court. SEC. 4. Any practising attorney of any State or Territory, Oath. having professional business in either the supreme or district court, may, on motion, be admitted to practice in either of those courts, upon taking the oath as aforesaid. SEC. 5. The form of the oath aforesaid shall be in substance Form. as follows: "You do solemnly swear that you will support the Constitution of the United States and the Organic Act of this Territory, and that you will faithfully discharge the duty of an attorney and counsellor of this court, according to the best of your ability." SEC. 6. An attorney and counsellor who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or a party to an action or proceeding, or brings suit or commences proceedings without authority therefor, is liable to be disbarred, and shall forfeit to the injured party treble damages, to be recovered in a civil action. Violation of oath. oath of power to act. SEC. 7. The court may, on motion, for either party, and on Attorney to make the showing of reasonable grounds therefor, require the attorney for the adverse party, or for any one of several adverse parties, to produce or prove, by his own oath or otherwise, the authority under which he appears, and, until he does so, may stay all proceedings by him on behalf of the parties for whom he assumes to appear. SEC. 8. An attorney has a lien for a general balance of com- Lien to Attorney pensation upon any papers of his client which have come into Release lien by giving security. Court may susread license. Cause for revocation. Proceedings. Accusation. Order entered. Accused may de mour. Konder judgment. Appeal. his possession in the course of his professional employment, upon money in his hands belonging to his client, and upon money due to his client, and in the hands of the adverse party, on an action or proceeding in which the attorney was employed, from the time of giving notice of the lien to that party. SEC. 9. Any person interested in such matter may release such lien by giving security in a penalty equal to the amount claimed by the attorney, and conditioned to pay the amount that may be finally found due for his services. SEC. 10. The supreme and district courts may respectively revoke or suspend the license of any attorney or counsellor at law to practice therein, and a revocation or suspension, by the district court in one county, operates to the same extent in the courts of all other counties. SEC. 11. The following are sufficient causes for such revocation or suspension: First, When he has been convicted of a felony or of a misdemeanor involving moral turpitude, in either of which cases the record of coviction is sufficient evidence. Second, When he is guilty of a wilful disobedience or violation of the order of the court, requiring him to do or forbear an act connected with, or in the course of his profession. Third, For a willful violation of any of the duties of an attorney or counsellor, as hereinbefore prescribed. Fourth, For doing any other act to which such a consequence is by law attached. SEC. 12. The proceedings to remove or suspend an attorney, may be commenced by the direction of the court, or on motion. of any individual. In the former case, the court must direct some attorney to draw up the accusation; in the latter, the accusation must be drawn up and sworn to by the person making it. SEC. 13. If the court deem the accusation sufficient to justify further action, it shall cause an order to be entered requiring the accused to appear and answer, on a day therein fixed, either at the same or a subsequent term, and shall cause a copy of the accusation and order to be served upon him personally. SEC. 14. To the accusation he may plead or demur, and the issues joined thereon shall in all cases be tried by the court, all the evidence being reduced to writing, filed and preserved. SEC. 15. If the accused plead guilty, or fail to answer, the court shall proceed to render such judgment as the case requires. SEC. 16. In case of a removal or suspension being ordered by" a district court, an appeal therefrom lies to the supreme court, and all the original papers, together with a transcript of the record, shall thereupon be transferred to the supreme court, to be there considered and finally acted upon. A judgment of acquittal Acquittal final. in the district court is final. demand. SEO. 17. An attorney who receives the money or property of Failure to pay on his client in the course of his professional business, and refuses to pay or deliver it immediately after demand, is guilty of a misdemeanor. SEC. 18. Where the attorney claims to be entitled to a lien when not liable. upon the money or property, he is not liable to the penalties of the two preceding sections, until the person demanding the money, proffers sufficient security for payment of the amount of the attorney's claim when it is legally ascertained. SEC. 19. This act to take effect and be in force from and after the first day of June next. A. LARZALERE, Speaker of House of Representatives. President of the Council. Approved January 31, 1859. S. MEDARY, Governor. CHAPTER XV. AN ACT regulating Actions against Boats. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. Any boat found in the waters of this Territory is Boats when liable liable: First, For all debts contracted by the master, owner, agent, clerk or consignee thereof, on account of supplies furnished for the use of such boat, on account of work or services rendered for such boat, or on account of work done, or materials furnished, in building, repairing, fitting out, furnishing or equipping such boat. Second, For all demands or damages accruing from the non-performance or mal-performance of any contract of affreightment, or any contract relative to the transportation of persons or property, entered into by the master, owner, agent, clerk or consignee thereof. Third, For all injuries to persons or property by such boat, or by the officers or crew, done in connexion with the business of said boat. Leins. Order of leins. Limitation. Lein attaches. Petition warrant. Notice. Appearance. Boat how released Execution. SEC. 2. Claims growing out of any of the above causes are liens upon the boat, its apparel, tackle, furniture and appendages, including barges and lighters, if owned by the owners of the boat, and used therewith at the time the suit is commenced. SEC. 3. Such liens take preference of any claims against the boat itself, or any or all of its owners, growing out of any other causes than those above enumerated; and, as between themselves, they are to be preferred in the following order: First, Those resulting from wages for services rendered on board of such boat, within the year then passed: Provided, suit be commenced within sixty days after the cessation of such labor. Second, Those resulting from contracts made within this Territory. Third, All other causes. SEC. 4. Actions against boats, under the provisions of this chapter, cannot be brought after the lapse of one year from the time the cause of action accrued. SEC. 5. The lien attaches from the commencement of the suit, subject only to such other liens as are of a preferred class. SEC. 6. The original petition must be in writing, sworn to, and filed with the clerk or justice of the peace, who shall thereupon. issue a warrant to the proper officer, commanding him to seize the boat, its apparel, tackle, furniture and appendages, and detain the same until released by due course of law. SEC. 7. The usual summons or notice shall also be issued, directed to the boat by name, and served upon the master, owner, agent, clerk or consignee thereof; and if none of them can be found, it may be served by posting up a copy in some conspicuous part of the boat. The warrant shall be served according to the direction it contains. SEC. 8. Any person interested in the boat may appear for the defendant, by himself, bis agent or attorney, and conduct the defense of the suit; and no continuance shall be granted to the plaintiff while the boat is held in custody. SEC. 9. The boat may be discharged, at any time before final judgment, by the giving of a bond with sureties, to be approved by the officer serving the warrant, or by the clerk or justice who issued it, in a penalty double the plaintiff's demand, conditioned that the obligors therein will pay the amount which may be found due to the plaintiff, together with costs. SEC. 10. If judgment be rendered for the plaintiff, before the boat is thus discharged, a special execution shall be issued against it. If it have been previously discharged, the execution shall issue against the principal and sureties in the bond, without further proceedings. SEC. 11. The sheriff may sell any of the furniture or append- Sheriff's salo. ages of the boat, if by so doing he can satisfy the demand. If he sell the boat itself, he must sell it to the bidder who will advance the amount required to satisfy the execution, for the lowest fractional share of the boat, unless the person appearing for the boat desire a different and equally convenient mode of sale. SEC. 12. If a fractional share of the boat be thus sold, the Purchaser. purchaser shall hold such share or interest jointly with the other owners. SEC. 13. If an appeal be taken by the defendant before the Appeal bond. boat is discharged, as above provided, the appeal bond, if one be filed, will have the same effect in discharging the boat as the bond above contemplated, and execution shall issue against the obligors therein, after judgment, in the same manner. SEC. 14. Nothing herein contained is intended to affect the Cumulative. right of a plaintiff to sue in the same manner as though the provisions of this chapter had not been enacted. SEC. 15. In actions, commenced in accordance with the provi- Petition. sions of this chapter, it is sufficient to allege the contract to have been made with the boat itself. SEC. 16. This act to take effect and be in force from and after the first day of June next. A. LARZALERE, Speaker of House of Representatives. President of the Council. Approved February 2, 1859. S. MEDARY, Governor. CHAPTER XVI. AN ACT to authorize the Board of Supervisors of Leavenworth, Douglas, Wyandott, Johnson, Atchison and Lykins counties to issue bonds, and for other purposes. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That the board of supervisors of Leavenworth, foute bozdr Counties author |