SEC. 36. [Additional inventory.]-The assignee shall, from time to time, file in the county court additional inventory and valuation of any property coming into his hands, after the filing of any former inventory, which shall be treated as a part of the original inventory and appraisement.

SEC. 37. [Claims not due.]-Proof may be made of claims not due, but in such case a reasonable rebate shall be made in case they do not draw interest, or in case they draw interest at a less rate than may be allowed by law.

SEC. 38. [Suits by assignee.]-The assignee shall have full power, except as in this act otherwise provided, to sue for and recover in his own name as assignee, all and singular, the estate, property and effects, real and personal, and amounts owing upon choses in action, and to execute and give releases, acquittances, and discharges, and generally to do all manner of things requisite and convenient for the speedy and effectual collection of the estate which the assignor or assignors might or could have made, given or done, if such assignment had not been made.

SEC. 39. Jurisdiction of county court.]-Full authority and jurisdiction is hereby conferred upon the county courts, and the judges thereof, to execute and carry out the provisions of this act, and said court shall, at all times be, and remain open for the transaction of business under this act.

SEC. 40. [Appeal and error not allowed-Exception.]-No appeal or proceeding in error shall lie from any order or judgment in any proceeding hereunder except the following, to-wit: First. An order allowing or disallowing, in whole or in part, any contested claim. Second. An order of distribution. Third. An order directing the assignor or assignors, or other persons, to pay money or deliver property to the assignee. Fourth. An order directing the sale of property at private sale or fixing the compensation of assistants thereat. Fifth. A judgment in any action by or against the assignee. Sixth. An order of final settlement discharging the assignee and his sureties. Seventh. Any order made by the county judge in proceedings had under the provisions of section 26. SEC. 41. [Same-By whom taken.-An appeal under the second, third, fourth, sixth, and seventh subdivisions of the last preceding section may be taken by any person interested in the [e]state, within the same time and upon giving a bond in the same manner as in case of an appeal from a judgment in an ordinary civil action in said court. Such appeal shall be docketed within twenty days after the making of the order appealed from, and shall stand for hearing at the next term of the district court, or at the same term if the court be in session when it is docketed. The county judge shall certify so much of the record as may be necessary to a clear understanding of the matter in controversy. The district court shall dispose of the matter summarily, with or without pleadings, and upon hearing such testimony as may be offered, and shall make such order in the premises as may be just. The clerk shall immediately certify such order to the county court.

SEC. 42. [Assignment by insolvent.]-If a person being insolvent, or in contemplation of insolvency, within thirty days before the making of any assignment, makes a sale, assignment, transfer or other conveyance of any description of any part of his property to a person who then has reasonable cause to believe him to be insolvent, or in contemplation of insolvency, and that such sale, assignment, transfer or other conveyance is made with a view to prevent the property from coming to his assignee in insolvency, or to prevent the same from being distributed under the laws relating to insolvency, or to defeat the object of or in any way to impair, hinder, impede, or delay the operation and effect of, or to evade any of said provisions, the sale, assignment, transfer, or conveyance shall be void, and the assignee may recover the property or the assets of the insolvent. And if such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, that fact shall be prima facie evidence of such cause of belief.

SEC. 41. Supreme court has jurisdiction to review proceedings in district court. 17 Neb. 465.

SEC. 43. [Preferring creditors.]-If a person, being insolvent, or in contemplation of insolvency, within thirty days before the making of the assignment, with a view to give a preference to a creditor or person who has a claim against him, procures any part of his property to be attached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer or conveyance, or to be benefited thereby, having reasonable cause to believe such person is insolvent, or in contemplation of insolvency, and that such payment, pledge, assignment, or conveyance is made in fraud of the laws relating to insolvency, the same shall be void, and the assignee may recover the property, or the value of it, from the person so receiving it or so to be benefited.

SEC, 44. [Clerks' and servants' wages.]-Nothing in this act contained shall be construed so as to prevent any debtors from paying or securing to be paid any debt not exceeding the sum of one hundred dollars, for clerks' or servants' wages, or from paying or securing any debt which shall been created within nine months prior to the date of such payment, or securing or to effect any mortgage or security made in good faith to secure any debt or liability created simultaneously with such mortgage or security, provided any such mortgage shall be filed for record in the proper office within thirty days from its date.

SEC. 45. [Penalty.]-Every person who, in contemplation of making an assignment for the benefit of creditors, shall, First. Secrete or conceal any property belonging to his estate; or, Second. Part with, conceal, destroy, alter, mutilate, or falsify, or cause to be so concealed, destroyed, altered, mutilated or falsified, any book, deed, document, or writing relating to his estate or property; or, Third. Remove, or caused to be removed, any such property, or book, deed, writing, or document out of the county, or otherwise dispose of any part thereof with intent to prevent its coming into the possession of the sheriff or assignee, or to hinder, impede, or delay them, or either of them, in removing or receiving the same; or, Fourth. Make any payment, gift, sale, assignment, transfer or conveyance of any property belonging to his estate with like intent; or, Fifth. Spend any property belonging to his estate, in gaming; or, Sixth. Willfully and fraudulently, with intent to defraud, conceal from his assignee, or omit from his inventory, any property or effects: or, Seventh. Having reason to suspect that any other person has presented a false or fictitious demand against his estate, shall fail to disclose the same to his assignee within one month after coming to his knowledge or belief; or, Eighth. Fraudulently attempt to account for any of his property by fictitious losses or expenses; or, Ninth. Within three months, next before the assignment, for the benefit of creditors, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud such person; or, Tenth. Within three months next before the assignment for the benefit of creditors with intent to defraud his creditors, pawn, pledge, or dispose of, otherwise than by transactions made in good faith in the ordinary way of his trade, any of his goods, chattels, or property, which have been obtained on credit and remain unpaid for, shall be deemed guilty of a fraudulent evasion of this act, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not more than seven years.

SEC. 46. [Acts Repealed.]--An act approved February 19, 1877, entitled "An act relating to voluntary assignments for the benefit of creditors, and to the assignees therein named, and the settlement of their accounts," and all acts and parts of acts inconsistent with this act are hereby repealed; but this act shall not affect assignments heretofore made, but estates assigned thereby shall be administered and settled as though the above named act were not repealed.

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 practicing attorney, for the period of two years, and pass a satisfactory examinaion upon the principles of the common law, under the direction of the court to vhich application is made, and it is shown to the satisfaction of said court that sich applicant sustains a good moral character. [R. S. 14. G. S. 94.]

SEC. 2. [Supreme court.]-The supreme court may, on motion, admit ary 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 counsellor I. 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 councellor has power-I. To execute in the name of his client, a bond for an appeal, certiorari, writ of error, or any

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 cases". Passed and taking effect Feb. 18, 1873. [G. S. 98,] was repealed, Laws 1879, 78. Repeal of act took away right to recover attorney's fees, 11 Neb. 96. But did not affect contracts entered into before repeal. Id. 521. SEC. 2. Jurisdiction of supreme court in revocation of license to practice: 19 Neb. 593, 608. SEC. 5. General duties in defense of client: 19 Neb. 605. Argument to jury; order of court limiting time, not reviewable on errror, no exception being taken: 8 Neb. 159. 14 Id. 575. Conduct in argument must be excepted to: 16 Neb. 415. 17 Id. 152. 18 Id. 79, 163. 20 Id. 172. Statements made, Held, Not error in cases stated: 14 Neb. 389, 548. 16 Id. 624. 17 Id. 162. 20 Id. 500. Argument should be confined to issues. 8 Neb. 160. 9 Id. 316. 15 Id. 22. 17 Id. 283. Re-argument discretionary: 9 Neb. 316. Opening and closing arguments: 15 Neb. 507. 16 Id. 24, 17 Id. 434, 461. 18 Id. 351.

SEC. 7. Agreement; collections; liability; action for money collected; pleading: 3 Neb. 223. Cannot release surety on note unless specially authorized: 13 Neb. 209. Settlement and payment in case stated: 14 Neb. 118. Ordinary powers do not authorize him to take about one-third of face value of judgment, and accept payment in debt owing by such attorney: Id. 386. Authority to give notice to adverse party of the termination of his agency, not among express or implied powers: 11 Neb. 447. Agreement binding on parties: 3 Neb. 28. 4 Id. 76. 8 Id. 307. But oral agreements made out of court not considered: 7 Neb. 205. Cannot authorize issuance of execution against his client: 8 Neb. 307. Directing illegal seizure of property, converting it, etc.; liability equal to that of officer seizing and selling: 12 Neb. 591. An order to pay money to attorney does not divest parties of their right to maintain action therefor if order is not complied with: 12 Neb. 566. Jurisdiction of court to compel payment of money to client: 16 Neb. 80. Appearance; effect of, on jurisdiction over the party: 6 Neb. 427. 13 Id. 96. Authority to appear presumed, yet defendant may prove that he had no authority: 14 Neb. 301. 16 Neb. 98. But right of attorney to appear can only be called in question by party for whom he appears: 14 Neb. 456. Effect where action is carried on by an attorney without authority from plaintiff: 14 Neb. 33. Trial in absence of, Held, No abuse of discretion: 14 Neb. 531.

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 writter 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 preceeding, 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.

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.

SEC. 8. Lien paramount to rights of parties: 3 Neb. 168. Lien restricted to claim set out in notice: 5 Neb. 468. The attorney may be admitted as a party plaintiff for the purpose of enforcing the lien: 10 Neb. 580. But it must appear that fees are due: 11 Neb. 522. Lien on judgment not affected by creditor's bill against the judgment: 18 Neb. 42. Lien on cause of action for tort which would not survive death of parties, does not exist: 18 Neb. 505. Settlement of case by parties pending litigation; there being no attorney's liens for fees, Held, That attorneys could not intervene to continue the suit by virtue alone of their contract with their client for fees: 20 Neb. 207. In absence of a statute there is no authority to allow attorney's fee, and tax the same as costs: 16 Neb. 398. Debtor cannot, by paying portion of debt immediately preceding judgment, defeat recovery of attorney's fee upon entire sum for which, but for the payment, judgment would have been rendered: 18 Neb. 595.

SEC. 15. Attorney may be employed by private parties to assist in criminal case: 14 Neb. 544. 17 Id. 151.

COUNTY ATTORNEYS.

SEC. 15. [Election-Bond.]-That at the general election in 1886, and every two years thereafter, a county attorney shall be elected in each organized county for judicial purposes who shall hold his office for the term of two years, and until his successor is elected and qualified, who shall, before he enters upon he duties of said office, execute a bond to the state of Nebraska, in a sum, not less than one thousand dollars, to be fixed by the county board, with two or more good and sufficient sureties, to be approved by said board, which bond shall be conditioned for the faithful performance of his duties as such officer, and that he will pay over to the county treasurer, in the manner prescribed by law, all moneys which shall come into his hands by virtue of his office, and shall file said bond in the office of the county clerk and the same shall be recorded in the proper records of the said county. [1885, chap. 40.]

SEC. 16. [Duties.]-It shall be the duty of the county attorney to appear in the several courts of their respective counties and prosecute and defend, on behalf of the state and county, all suits, applications or motions, civil or criminal, arising under the laws of the state, in which the state or the county is a party or interested.

SEC. 17. [Same.]-Each county attorney shall appear on behalf of the state before any magistrate, and prosecute all complaints, made in behalf of the state, of which any magistrate shall have jurisdiction, and he shall appear before any magistrate and conduct any criminal examination which may be had before such magistrate, and shall also prosecute all civil suits before such magistrate in which the state or connty is a party or interested.

SEC. 18. [Advice to officers.]-The county attorney shall, without fee or reward, give opinions and advice to the board of county commissioners and other civil officers of their respective counties, when requested so to do by such board or officers, upon all matters in which the state or county is interested, or relating to the duty of the board or officers in which the state or county may have an interest.

SEC. 19. [Salary.]-The county attorneys of the several counties of this state shall be allowed by the board of county commissioners for their services a salary, per year, as follows: In counties of not more than 2,500 inhabitants a salary of three hundred dollars per annum; and in counties hav[ing] over 2,500 and under 5,000 inhabitants, a salary of five hundred dollars; Provided, That in any county which shall have one or more unorganized counties or any territories attached thereto for judicial purposes, the compensation may be increased by the county board, not exceeding two hundred dollars additional. In counties of from five to ten thousand inhabitants, six hundred and fifty dollars; in counties from ten to twenty thousand inhabitants, a salary of eight hundred dollars; in counties. of from twenty to thirty-five thousand inhabitants, a salary of one thousand dollars; in counties of from thirty-five thousand inhabitants, and upwards, a salary of two thousand five hundred dollars. Said salaries shall be payable in quarterly installments at the end of each regular quarter.

SEC. 20. [Deputies.]-The county attorney may appoint one or more deputies, who shall act without any compensation from the county, to assist him in the discharge of his duties; Provided, That the county attorney of any county may, under the direction of the district court, procure such assistance, in the trial of any person charged with the crime of felony, as he may deem necessary for the trial thereof, and such assistant or assistants shall be allowed such reasonable compensation as the county board shall determine for his services, to be paid by order on the county treasurer, upon presenting to said board the certificate of the

SEC. 15-28. "An act to provide for the election of county attorneys, to define their duties and fix their salaries, and to repeal sections 15, 16, 17, 18, 19, 20, and 21, of chapter 7 of Compiled Statutes.'