Proceedings to

SEC. 721. Every writing in any action or proceeding whatever, in a court of justice of the district, or before a judicial officer, shall be in be in English. the English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals in the customary manner.

SEC. 722. A court or judicial officer has power to adjourn any pro- Power of courtto ceeding before it or him from time to time, as may be necessary, unless adjourn proceedotherwise expressly provided by this code.

ings.

SEC. 723. When jurisdiction is by any law of the United States con- Means to be used ferred on a court or judicial officer, all the means to carry it into effect by court to execute its powers. are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specially pointed out by this code, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.

CHAPTER SEVENTY-TWO.

OF REFEREES.

Sec.

724. Referee, definition of.

SEC. 724. A referee is a person appointed by the court or a judicial Referee, definiofficer, with power—

First. To try an issue of law or of fact in a civil action or proceeding, and report thereon;

Second. To ascertain any other fact in a civil action or proceeding when necessary for the information of the court, and report the fact, or to take and report the evidence in an action of an equitable nature; Third. To execute an order, judgment, or decree, or to exercise any other power or perform any other duty expressly authorized by this

code.

CHAPTER SEVENTY-THREE.

OF COMMISSIONERS TO ACKNOWLEDGE DEEDS.

tion of.

Commissioners

of deeds.

Sec.

Sec.

725. How appointed, tenure of office, 726. Seal and oath of office, and when powers and duties.

and where filed.

SEC. 725. The governor may appoint as many commissioners in each appointment. State, Territory, and District of the United States as he may deem expedient, who shall hold their offices for four years, and may within the State, Territory, or District for which they are appointed, and not otherwise, take and certify

First. The proof or acknowledgment of a conveyance of real property within the district or of any other written instrument to be used or operated therein;

Second. The acknowledgment of satisfaction of any judgment of a court of this district;

Third. An affidavit or deposition to be used in any court of justice or before any judicial officer of the district; and

Fourth. To exercise any other power, and perform any other duty, conferred or imposed upon them by this code or other statutes.

-powers.

Seal and oath of

and where filed.

SEC. 726. A commissioner appointed under the last section shall, before he can exercise the powers therein conferred, provide himself office, and when with a seal of office and take and subscribe an oath before a judicial officer in the county, city, or town where he resides, faithfully to perform the duties of the officer of a commissioner to take affidavits, depositions, and the proof and acknowledgment of deeds, out of the district, according to the laws thereof, and file such oath and an impression of such seal in the office of the secretary of the district. The secretary

of the district shall collect five dollars for each certificate of appointment made under this chapter and disburse the same as provided in section thirty-two, title one, chapter one of this Act.

SEC. 727. The clerk of the district court shall keep his office open. for the transaction of business on every judicial day from nine to twelve in the forenoon and from one to five in the afternoon.

SEC. 728. The clerk of the district court or any division thereof may have a deputy, to be appointed by such clerk in writing, at each place where regular or special terms of court are held and to continue during his pleasure. Such deputy has the power to perform any act or duty relating to the clerk's office that his principal has, and his principal is responsible for his conduct; and for all money received by him in his official capacity each deputy clerk shall be entitled to such compensation as the court or judge thereof may, subject to the approval of the Attorney-General, allow, the same to be paid by the clerk on order of the court as other court expenses are allowed and paid.

SEC. 729. The clerk of the district court is prohibited during his continuance in office from acting, or having a partner who acts, as an attorney of the court of which he is clerk.

SEC. 730. The clerk of the district court has power to take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged, and it is the duty of such clerk

First. To keep the seal of the court and affix it in all cases where he is required by law;

Second. To record the proceedings of the court;

Third. To keep the records, files, and other books and papers appertaining to the court;

Fourth. To file all papers delivered to him for that purpose in any action or proceeding in the court;

Fifth. To attend the terms of the court of which he is clerk, to administer oaths, and receive the verdict of a jury in any action or proceeding therein in the presence and under the direction of the court;

Sixth. To keep the journal of the proceedings of the court at its terms, and under the direction of the court to enter its orders and judgments;

Seventh. To authenticate by certificate or transcript, as may be required, the records, files, or proceedings of the court, or any other paper appertaining thereto, and filed with him;

Eighth. To exercise the powers and perform the duties conferred and imposed upon him elsewhere by this code or other statute;

Ninth. In the performance of his duties to conform to the direction

of the court.

When cause may be prosecuted or

SEC. 731. Any action or proceeding may be prosecuted or defended by a party in person or by attorney, except that the United States or a defended in person corporation, either public or private, appears by attorney in all cases; or by attorney. and where a party appears by attorney the written proceedings must be in the name of the attorney, who is the sole representative of his client as between him and the adverse party.

SEC. 732. An attorney is a public officer, but any person may act in that capacity who has been admitted as such by the district court of the district, or may be hereafter admitted, as provided in this chapter. SEC. 733. An applicant for admission as attorney must apply to the district court, and must show

First. That he is a citizen of the United States, or has declared his intention to become such, and is a resident of said district, and of the age of twenty-one years, which proof may be made by his own affidavit; Second. That he is a person of good moral character, which may be proved by any evidence satisfactory to the court;

Third. That he has the requisite learning and ability, which must be shown by the examination of the applicant by the judges, or under their direction, at the term at which the application is made.

SEC. 734. Hereafter women shall be admitted to practice law as attorneys in the courts of said district upon the same terms and conditions as men.

lic

Attorney a pub

officer; who Application for admission and proof thereon.

may act as such.

Women may be admitted.

Oath of office;

SEC. 735. If, upon the examination, the applicant be found qualified, the court shall administer an oath to the applicant to support the Con- order of admission. stitution and laws of the United States and of the district, and to faithfully and honestly demean himself or herself in office. The court shall hen direct an order to be entered to the effect that the applicant is a citizen of the United States and of the district, of the age of twentyone years, of good moral character, and possessed of the requisite learning and ability to practice as an attorney in all the courts of the district, and has taken the oath of office; and upon the entry of the order and payment of the legal fee, he or she is entitled to practice as such attorney, and not otherwise.

countries may ap

SEC. 736. Whenever an applicant for admission as attorney shall Attorneys of present to the district court a certificate showing him to have been other States and duly admitted to practice as an attorney in the highest courts of any pear as counsel. State or Territory of the United States, or in one of the circuit courts, or the Supreme Court of the United States, such applicant may be admitted to practice as an attorney without further examination.

Authority of an attorney.

Proceedings

SEC. 737. An attorney has authority

First. To bind his client in any of the proceedings in an action or proceeding by his agreement filed with the clerk or entered upon the journal of the court, and not otherwise;

Second. To receive money or property claimed by his client in an action or proceeding during the pendency thereof, or within three years after judgment, and, upon the payment or delivery thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment. But this section does not prevent a party from employing a new attorney to issue execution upon a judgment, or to take the other proceedings prescribed by this code for its enforcement, and when he does so the authority of the former attorney ceases.

SEC. 738. If it be alleged by a party for whom an attorney appears when party alleges that he does so without authority, and the allegation be verified by the that attorney ap- affidavit of the party, the court may, if it find the allegation true, at without authority. any stage of the proceedings, relieve the party for whom the attorney has assumed to appear from the consequences of his act.

When attorney

SEC. 739. The court or judge thereof may, on motion of either party, may be compelled and on showing reasonable grounds therefor, require the attorney for to show authority. the adverse party, or for any one of several adverse parties, to produce or prove the authority under which he appears, and until he does so may stay all proceedings by him on behalf of the party for whom he assumes to appear.

Attorney, how changed.

Notice of change.

Lien of attorneys.

SEC. 740. The attorney in an action or proceeding may be changed at any time before judgment or final determination, as follows:

First. Upon his own consent, filed with the clerk or entered upon the journal; or,

Second. Upon the order of the court or judge thereof, on the application of the client or the attorney, for sufficient cause.

SEC. 741. 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 is bound to recognize the former attorney.

SEC. 742. An attorney has a lien for his compensation, whether specially agreed upon or implied, as provided in this section

First. Upon the papers of his client which have come into his possession in the course of his professional employment;

Second. Upon money in his hands belonging to his client;

Third. Upon money 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;

Fourth. Upon a judgment to the extent of the costs included therein, or, if there be a special agreement, to the extent of the compensation specially agreed on, from the giving notice thereof to the party against whom the judgment is given and filing the original with the clerk where such judgment is entered and docketed. This lien is, however, subordinate to the rights existing between the parties to the action or proceding.

SEC. 743. An attorney may be removed or suspended by the district court for either of the following causes, arising after his admission to practice:

First. Upon his being convicted of any felony or of a misdemeanor involving moral turpitude, in either of which cases the record of his conviction is conclusive evidence;

Second. For a willful 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 being guilty of any willful deceit or misconduct in his profession;

By what court and for what

causes an attorney may be removed or suspended.

instituted.

SEC. 744. The proceeding to remove an attorney as provided in the By whom the last section shall be taken by the court, of its own motion, for matters proceedings to be within its knowledge, or that of any of the judges thereof; otherwise it may be taken upon the information of another.

Accusation, how

SEC. 745. If the proceedings be upon the motion of the court or judges thereof, for matters within its knowledge, the accusation shall made. 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.

SEC. 746. After the accusation has been made or received the court Order for ac

and answer.

shall forthwith make an order requiring the accused to appear and cused to appear 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.

SEC. 747. 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.

SEC. 748. 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 shall be verified by the oath of the accused in the same manner as a pleading in an action.

If accused do not appear, court to proceed.

May demur to or controvert the

accusation.

If demurrer not

SEC. 749. If a demurrer, for insufficiency, be not sustained, the accused shall answer forthwith. If he plead guilty, or refuse to answer sustained must anthe accusation, the court shall proceed to judgment of removal or sus- judgment for want swer forthwith; pension. If he controvert the matters charged, the court shall then, of answer or trial. or at such time as it may appoint, proceed to try the accusation, and give a judgment of removal, suspension, or acquittal, according to law and the right of the case.

SEC. 750. When an accusation is made upon the knowledge of the Accusation on court, or the judges thereof, the facts shall be set forth as in other knowledge of the cases, and the accused may controvert the accusation, whereupon the be true, but may court presumed to issues of fact shall be by the court referred to at least three disinter- be shown other ested members of the bar, who shall report their findings of fact to wise