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265. [Undisclosed Property.]-The county court may also, when there shall be filed an affidavit by any person interested in the estate, alleging that any person or persons has or have, or that the affiant has, good reason to and does verily believe that any person or persons has or have any property, goods, chattels, bills of exchange, promissory notes, credits, or effects of the assignor or assignors in his or their possession, or under his or their control, or has or have knowledge of any of the property or effects of the assignor or assignors, cite any such person or persons to appear for examination; and such person or persons may be examined, upon oath, in all respects as to such matters as the assignor or assignors may be required to appear and be examined under the provisions of this act; and the court may make any order with respect to any property or effects, found or disclosed to be in the possession or under the control of such person, which he might or could make with respect to property or effects, in the possession of an assignor, and may enforce obedience to his orders in the premises in like manner.

266. 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.

267. 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.

268. 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.

269. 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.

270. No appeal or proceeding in error shall lie from any order of 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 [256].

271. 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.

Error may be taken to supreme court same as in any other case. 17, 465 (23 N. W., 464). 272. 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.

273. 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 insolv ency, and that such payment, pledge, assignment, or conveyance is made in fraud of the laws relation 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.

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Debtor may prefer a creditor on same day by chattel mortgage if no collusion. 15, 533 (19 N. 630).

274. [Exception Preference Valid.]-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 have 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.

275. [Fraudulent Evasion.]-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 cause 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 the 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.

276. [Not Retroactive.]—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 5.-ATTORNEYS.

Secs. 277 to 290 formed secs. 1 to 14, ch. 3, R. S. 1866, p. 14.

277. 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 examination upon the principles of the common law, under the direction of the court to which application is made, and it is shown to the satisfaction of said court that such applicant sustains a good moral character.

278. 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.

279. 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.

280. 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 counselor, according to the best of your ability."

Amended and form of oath changed. 1871, p. 107. In force March 7.

281. It is the duty of an attorney and counselor-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.

282. An attorney and counselor 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.

283. An attorney or counselor has power-I. To execute, in the name of his client, a bond for an appeal, certiorari, writ of error, or any 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 written 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 proceeding, 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.

General powers of attorney. 8, 307. The authority of presumed. 28, 294 (44 N. W., 452). Ratification by client of acts in commencing suit without authority. 27, 181, 190 (42 N. W., 1044). No exception being taken to order of judge limiting time of argument, error will not be considered. Argument should be confined to issues. 8, 159. Oral agreements entered into out of court will not be enforced. 7, 205. The authority to give notice to an adverse party, of the termination of

his agency for another, at least before the commencement of an action, is not among the express or implied powers of an attorney. 11, 447 (9 N. W., 571).

284. 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.

An attorney in an action may have a lien on money in the hands of the adverse party, and under certain circumstances may be admitted as a party plaintiff in that action for the purpose of protecting and enforcing such lien. 10,579 (7 N. W., 322). To entitle attorney to be admitted as party plaintiff it must appear that fees are due him for services in the case. 11, 521 (9 N. W., 689). Settlement of case by parties before lien filed by attorney, held that the attorneys could not intervene and continue litigation. 20, 206 (29 N. W., 467). Lien cannot be defeated by settlement of parties. 22, 77 (34 N. W., 72). Lien of attorneys superior to rights of parties. 3, 168. Lien by agreement for one-half amount recovered cannot be reduced by subsequent recovery of judgment by defendant in action against plaintiff and set off against first judgment. 27, 770 (44 N. W., 27). Notice of lien must be filed or served in order to bind adverse party. 26, 409 (42 N. W., 403). Question of notice can only arise between attorney of succcessful and the unsuccessful party. 18, 43 (24 N. W., 383). Recovery restricted to claim set out in notice. 5, 468. Client not liable to a second attorney employed without his consent by his first attorney. 23, 617 (37 N. W., 483). An attorney has no lien before judgment upon a cause of action sounding in tort. 18, 505 (26 N. W., 361). Attorney cannot be prosecuted for embezzlement until his lien is discharged. 24, 737 (40 N. W., 289).

285. 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 counselor and attorney at law in any court in this state without examination.

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286. [Parties may act as.]-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 tofore admitted to the degree of an attorney or counselor 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.

287. [Who Disqualified.]-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 than twenty-five dollars.

Amended by omitting judge of probate, changing "territory" to "state," and adding all after *. 1877, p. 39. In force June 1.

288. [Embezzlement.]-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.

289. Upon filing original papers in any case, it shall be his duty to endorse thereon his name.

290. It shall be the duty of every attorney to act as the guardian of any 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.

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