« 이전계속 »
Sec. 721. Every writing in any action or proceeding whatever, in a Proceedings to 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 proceed
ings. otherwise expressly provided by this code.
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 are also given; and in the exercise of the jurisdiction, if the course
its powers. 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.
SEC. 724. A referee is a person appointed by the court or a judicial Referee, definiofficer, with power
tion of. 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.
OF COMMISSIONERS TO ACKNOWLEDGE DEEDS.
Commissioners of deeds.
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 prop- -powers. erty 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.
Sec. 726. A commissioner appointed under the last section shall, Seal and oath of 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.
Cierk of court.
OF THE CLERK OF THE DISTRICT COURT.
Office hours. 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. Deputy, how ap- Sec. 728. The clerk of the district court or any division thereof may pointed.
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. Can not act as Sec. 729. The clerk of the district court is prohibited during his attorney. continuance in office from acting, or having a partner who acts, as an
attorney of the court of which he is clerk. Power ers and
Sec. 730. The clerk of the district court has power to take and cerduties of clerks.
tify 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 appėrtaining 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.
731. When cause may be prosecuted or
defended in person or by attorney. 732. Attorney a public officer; who may
act as such. 733. Application for admission and proof
tries may appear as counsel.
Sec. 731. Any action or proceeding may be prosecuted or defended
When cause 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, þut any person may act in Attorney a pubthat capacity who has been admitted as such by the district court of lic officer; who the district, or may be hereafter admitted, as provided in this chapter. Application for
Sec. 733. An applicant for admission as attorney must apply to the admission and district court, and must show
proof thereon. 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 Women may be
admitted. attorneys in the courts of said district upon the same terms and conditions as men.
Sec. 735. If, upon the examination, the applicant be found qualified, Oath of office; the court shall administer an oath to the applicant to support the Con- order ofadmission. stitution and laws of the United States and of the district, and to faithcully 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.
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.
OF THE DUTIES OF ATTORNEYS, AND THEIR AUTHORITY.
Sec. 737. Authority of an attorney.
747. If accused do not appear, court to 738. Proceedings when party alleges that proceed.
attorney appears for him without 748. May demur to or controvert the authority.
accusation. 739. When attorney may be compelled 749. If demurrer not sustained must to show authority.
answer forth with; judgment for 740. Attorney, how changed.
want of answer or trial. 741. Notice of change.
| 750. Accusation on knowledge of the 742. Lien of attorneys.
court presumed to be true, but 743. By what court and for what causes
may be shown otherwise. an attorney may be removed or 751. Proceeding to compel an attorney suspended.
to deliver over money or papers. 744. By whom the proceedings to be 752. How court to proceed if attorney instituted.
claim a lien.
Authority of an SEC. 737. An attorney has authorityattorney.
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. Proceedings 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 pro
duce 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 SEC. 740. The attorney in an action or proceeding may be changed 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 appli
(ation of the client or the attorney, for sufficient cause. Noticeofchange. 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. Lien of attor- SEC. 742. An attorney has a lien for his compensation, whether neys.
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;
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 By what court court for either of the following causes, arising after his admission to and for what
causes an attorney practice:
may be removed First. Upon his being convicted of any felony or of a misdemeanor or suspended. 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;
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
instituted. within its knowledge, or that of any of the judges thereof; otherwise it may be taken upon the information of another.
SEC. 745. If the proceedings be upon the motion of the court or Accusation, how 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 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 If accused do order and answer the accusation, unless, for sufficient cause, the court
not appear, court
to proceed. 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 May demur to or controvert it by answer. The demurrer and answer shall be in or controvert the
accusation. writing, and the latter shall be verified by the oath of the accused in the same manner as a pleading in an action.
Sec. 749. If a demurrer, for insufficiency, be not sustained, the If demurrer not 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 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 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