May be re authority. R. 2707. 5. To abstain from all offensive personalties, and to advance 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; 6. Not to encourage either the commencement or continuance of an action or proceeding from any motive of passion or interest; 7. Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed. SEC. 212. An attorney and counselor 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, is liable to be disbarred, and shall forfeit to the injured party treble damages, to be recovered in a civil action. See § 217. SEC. 213. An attorney and counselor has power: 1. To execute in the name of his client a bond, or other written instrument, necessary and proper for the prosecution of an action or proceeding about to be or already commenced; or for the prosecution or defense of any right growing out of an action, proceeding, or final judgment rendered therein; 2. To bind his client to any 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; 3. 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. Under 2. held, that an entry upon the records which was thus made after the agreement was disputed, and upon the strength of testimony by affidavits, was not such a record as here contemplated: Hiller v. Landis, 44-223. SEC. 214. The court may, on motion, for either party and on quired to prove the showing of reasonable grounds therefor, require the attorney for the adverse party, or for any one of the 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 C. 51, 2 1617. Lien: extent of. C. '51, 1618. 13 G. A. ch. 167, & 2. appear. The showing to require an attorney | cient in a particular case: Savery v. to prove his authority, held, insuffi- | Savery, 8-217. SEC. 215. An attorney has a lien for a general balance of compensation upon: 1. Any papers belonging to his client, which have come into his hands in the course of his professional employment; 2. Money in his hands belonging to his client; 3. Money due his client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney claiming the lien was employed, from the time of giving notice in writing to such adverse party, or attorney of such party, if the money is in the possession or under the control of such attorney, which notice shall state the amount claimed, and, in general terms, for what services. be 4. After judgment in any court of record, such notice may given and the lien made effective against the judgment debtor, by entering the same in the judgment docket opposite the entry of the judgment. An attorney's lien does not attach upon money due his client in the hands of the adverse party, until notice is given to such party, therefore, held, that the right to set off a judgment existing in favor of the adverse party against the client before notice of the attorney's lien, was not subject to such lien. Whether such right of set-off may be taken advantage of as against the attorney's lien, where it does not arise until after notice of such lien, quare: Hurst v. Sheets, 21-501. (This case was under Rev. $2708, which did not contain a provision similar to T4 of this section.) To entitle the attorney to a lien, nothing need be done but notify the adverse party as here specified. A party cannot avoid such lien by unconditionally paying the money to the clerk; but he may pay it to the clerk to be held by him subject to such lien: Fisher v. City of Oskaloosa, 28 -381. The parties may settle without the consent of the attorneys, and without first paying their fees, unless notice of an attorney's lien has been given: Casar v. Sargeant, 7-317. The lien of an attorney upon money due his client, in the hands of the The notice of the lien, to bind the The lien of an attorney is for the money due his client, in the hands of the adverse party, and where the attorney perfected the title of his client in real property attached in the action, and thereby satisfied the judg ment as against the adverse party, held, that the entry of his lien in the judgment docket did not preserve it upon such property in the hands of a purchaser from his client: Cowen v. Boone, 48-350. After the entry of the notice in the judgment docket, the attorney acquires an interest in the judgment, and may. by proper proceedings, have the same enforced to the extent of such interest. His interest cannot be divested by a discharge of the judgment by the parties, or by their consenting that it be set aside: Brainard v. Elwood, 54-30. C. '51, 1619. SEC. 216. Any person interested may release such lien, by How released executing a bond in a sum double the amount claimed, or in such R.2709. sum as may be fixed by a judge, payable to the attorney, with security to be approved by the clerk of the supreme or district court, conditioned to pay any amount finally found due the attorney for his services, which amount may be ascertained by suit on the bond. Such lien will be released, unless the attorney, within ten days after demand therefor, furnishes any party interested a full and complete bil of particulars of the services and amount claimed for each item, or written contract with the party for whom the services were rendered. [The original on file in the secretary's office has the words "files with the clerk," instead of "furnishes any party interested in the eight line. The change was probably made by the editor, as the latter expression is that used in the code commissioners' report.] The filing of the bond discharges, | the filing of the bond provided in this not only the lien of the attorney on section and release of the attorney's the judgment, but any lien which he lien, he cannot retain such lien by filmay have under the preceding sec- ing a bond as there provided; Cross tion. The provisions of § 226 do not v. Ackley, 40–493. apply to a case of this kind, and after SEC. 217. Any court of record may revoke or suspend the license of an attorney or counselor at law to practice therein, and a revocation or suspension in one county operates to the same extent in the courts of all other counties. The court cannot revoke or suspend the license of an attorney except after proceedings are commenced for that purpose as hereinafter provided, and the party has had his day in court. It cannot be done summarily as a punishment for contempt: The State v. Start, 7–499. SEC. 218. The following are sufficient causes for revocation or suspension: 1. When he has been convicted of a felony, or of a misdemeanor involving moral turpitude, in either of which cases the record of conviction is conclusive evidence; 2. 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; 3. For a willful violation of any of the duties of an attorney or counselor as herein before prescribed; 4. For doing any other act to which such a consequence is, by law, attached. An attorney may be punished un-ent as provided in § 2906: Cross v. der 2 for disobedience to an order Ackley, 40-493, 498. of court to pay over money to his cli SEC. 219. 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. Proceedings to disbar an attorney | ceedings: The State v. Clarke, 46are to be conducted as special pro- | 155. SEC. 220. If the court deem the accusation sufficient to justify farther 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 shail cause a copy of the accusation and order to be served upon him personally. SEC. 221. 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. 222. If the accused plead guilty, or fail to answer, the court shall proceed to render such judgment as the case requires. Sec. 223. In case of a removal or suspension being ordered by a district or circuit 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 judg ment of acquittal by the district or circuit court is final. SEC. 224. An attorney who receives the money or property of. his client in the course of his professional business, and refuses to pay or deliver it in a reasonable time after demand, is guilty of a misdemeanor. SEC. 225. When the attorney claims to be entitled to a lien upon the money or property, he is not liable to the penalties of the preceding section, until the person demanding the money proffers sufficient security for the payment of the amount of the attorney's claim when it is legally ascertained. Same. R. 2 2719. SEC. 226. Nor is he in any case liable as aforesaid, provided he gives sufficient security that he will pay over the whole, or any 51, 1629. portion thereof, to the claimant when he is found entitled thereto. lien which is discharged by the bond referred to in § 216: Cross v. Ackley, 40-493. The bond here provided is only to exempt an attorney from proceedings against him under § 224, and is not designed to enable him to retain a CHAPTER 10. OF JURORS. SECTION 227. All qualified electors of the state of good moral who compecharacter, sound judgment, and in full possession of the senses of R. 2720. hearing and seeing, are competent jurors in their respective C. 51, 1630. counties. Under certain facts held, that a ju- | should be interposed when he is ror was incompetent as not being a sworn, but if not then known, may be qualified elector; also held that an interposed after verdict: The State v. objection to the competency of a juror Groome, 10-308. R. 2721. SEC. 228. The following persons are exempt from liability to who exempt. act as jurors: All persons holding office under the laws of the C. 51, 1631. United States or of this state; all practicing attorneys, physicians, and clergymen; all acting professors or teachers of any college, school, or other institution of learning; and all persons disabled by bodily infirmity, or over sixty-five years of age. The exemption is a personal privi- not a ground for challenge. See § lege, which may be waived, and is 2777 and note. when excused. 82722, C. '51, 1632. Sec. 229. Any person may also be excused from serving on a jury when his own interests or those of the public will be mate- . rially injured by his attendance, or when the state of his own health, or the death, or the sickness of a member of his family, requires his absence. That jurors have been excused on | cannot have an attachment issued to their own statements, not under oath, compel the attendance of those so exis not ground of objection by the de-cused: The State v. Ostrander, 18–435, fendant, in a criminal case, and he 448. C.'51, 1645. SEC. 230. Unless the judge otherwise orders, jurors shall be When to attend: liability summoned to appear at ten o'clock a. m. of the second day of the for failure. term, at which time they shall be called and all excuses heard and R.3275 determined by the court. If any person summoned fail to appear without sending a sufficient excuse, the court shall issue a rule returnable at that or the succeeding term, requiring him to appear, and show cause why he should not be fined for contempt, and unless he renders a sufficient excuse for such failure, the court may fine him in any amount not exceeding ten dollars, and shall require him to pay the costs, and stand committed until the fine and costs are paid. Number. 22732. C. '51, 1642. દું 7. SEC. 231. The number of grand jurors shall be fifteen, and in conies containing less than fifteen thousand inhabitants as 13 G. A. ch. 167, sl o vn by the last preceding census, the trial jurors shall consist of the same number, unless the judge otherwise orders. But in counties containing a greater number of inhabitants, the number of trial jurors shall be twenty-four. Failure of trial jurors to attend. R. 2737. C. '51, 2 1647. Discharge of. Lists. R. 2723. C. '51, 1633. Same. R. 2724. C. 51, 1634. How selected. C. '51, § 1635. Sheriff to serve R. 27.6. Duty of judge of election. R. 2727-8. SEC. 232. Should there not be the number of trial jurors in attendance, as provided in the preceding section, by reason of a failure of the persons summoned to attend, or because excused as provided in section two hundred and thirty of this chapter, the requisite number of persons to supply the deficiency shall be drawn. in the same manner as provided in section two hundred and forty and two hundred and forty-one of this chapter. The persons so drawn shall be forthwith summoned to appear, and serve as trial jurors during the term. SEC. 233. If, in the judgment of the court, the business of the term does not require the attendance of all, or a portion of the trial jurors, they, or such portion as the court deems proper, may be discharged. Should it afterward appear that a jury is required, the court may direct them to be resummoned, or empanel a jury from the bystanders. SEC. 234. Two jury lists, one consisting of seventy-five persons to serve as grand jurors, and one consisting of one hundred and fifty persons or, in counties containing more than twenty thousand inhabitants, of two hundred and fifty persons, to serve as trial jurors, and composed of persons competent and liable to serve as jurors, shall annually be made in each county from which to select jurors for the year commencing on the first day of January. But one jury list of petit jurors is | ty-five names were returned from contemplated, from which the juries which to select the grand jury, and for both the district and circuit courts the extra names were stricken off beare to be drawn: The State v. Law-fore the grand jury was drawn, held, rence, 38-51. not an irregularity: The State v. That eighty-five instead of seven- | Knight, 19-94. SEC. 235. Should there be less than the required number of such persons in any county, the list shall comprise all those who answer the above description in the same proportion. SEC. 236. On or before the first Monday in September in each year, the county auditor shall apportion the number to be selected from each election precinct, as nearly as practicable in proportion to the number of votes polled therein at the last general election, and shall deliver a statement thereof to the sheriff. SEC. 237. The sheriff shall cause a written notice to be delivered to one of the judges of election in each precinct of the county, on or before the day of the general election in each year, informing them of the number of jurors apportioned for the ensuing year to their respective precincts. SEC. 238. The judges shall thereupon make the requisite selection, and return lists of names as selected to the auditor with the C. 31, 416-7-8 returns of the election, and in case the judges of election shall fail to make and return said lists as herein required, the county canvassers shall, at the meeting to canvass the votes polled in the county, make such lists for the delinquent precincts, and the 13 G. A. ch. 3;, ch. 167, 24. |