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ARTICLE IX.

REMOVAL OR SUSPENSION OF ATTORNEYS AND COUNSELLORS.

SECTION 525. By what court, and for what causes, an attorney and counsellor may be removed or suspended.

526. By whom proceedings may be instituted.

527. Accusation to be in writing and presented to court.

528. What to contain.

529. Order for accused to appear and answer.

530. Accused to appear, or if not, court to proceed.

531. May object to or deny accusation.

532. Manner of objecting or denying accusation.

1533. If objection not sustained, must answer forthwith.

534. If accused plead guilty or refuse to answer, court to pronounce judgment. On denial, eburt to try accusation.

535. On judgment of suspension or removal, case may be made by accused

Case, how settled.

536. The judgment roll.

537. Judgment of acquittal, final. Appeal to court of appeals, from judg

ment of suspension or removal.

538. Powers of court of appeals upon the appeal.

539. In what cases, other courts may suspend, and their duty thereon.

§ 525. An attorney and counsellor may be removed or suspended by the supreme court, at a general term in the district in which he resides, or keeps his office, for either of the following causes, arising after his admission to practice:

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

2. Upon its being shown to the satisfaction of the court, that he has knowingly signed a frivolous pleading, or has been guilty of any other deceit, or wilful misconduct in his profession:

3. For a wilful 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 :

4. For a wilful violation of any of the provisions of section 511.

§ 526. The proceedings to remove or suspend an attorney and counsellor, as provided in the last section, must be taken by the court, of its own motion, for matters within its knowledge, or may be taken upon the information of another.

§ 527. If the proceeding be upon the information of another, the accusation must be in writing, and must be presented to the court.

§ 528. The accusation must state the matters charged, and must be verified by the oath of the person making it, or of some other person, to the effect that the charges therein contained are true.

§ 529. After receiving the accusation, the court must. if, in its opinion, the case require it, make an order requiring the accused to appear and answer the accusation, at a specified time in the same or a subsequent term: and must 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.

§ 530. 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.

§ 531. The accused may answer the accusation, either by objecting to its sufficiency, or by denying its truth.

§ 532. If he object to the sufficiency of the accusation, the objection must be in writing, but need not be in any specific form; it being sufficient, if it present intelligibly the grounds of the objection. If he deny the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

§ 533. If an objection to the sufficiency of the accusation be not sustained, the accused must answer it forthwith.

§ 534. If the accused plead guilty, or refuse to answer the accusation, the court must proceed to judgment of removal or suspension. If he deny the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation.

§ 535. In case of a judgment of suspension or removal, the accused may, within ten days after it is pronounced, make a case, setting forth the evidence and other proceedings in the matter upon the hearing thereof; which must be settled by the court in the same manner as a case in a civil action. When settled, it must be filed with the clerk of the court by which the judgment was given.

§ 536. The following papers must be annexed together and filed by the clerk, within ten days after the filing of the case, or within such further time as the court or a judge thereof may prescribe;

1. The accusation:

2. The objections or answer thereto :

3. The case mentioned in the last section:

4. A copy of the entries upon the minutes of the court, relating to the accusation, and the proceedings thereon, including the order of suspension or removal.

§ 537. A judgment of acquittal is final, and without appeal. But from a judgment of suspension or removal, the accused may appeal to the court of appeals, in the same manner as from a judgment of the supreme court in a criminal action.

§ 538. The powers and jurisdiction of the court of appeals, upon the appeal, and its proceedings and judgment thereon, are the same as upon an appeal from a judgment of the supreme court in a criminal action, except that the court may reverse or modify the judgment, as well upon the facts appearing in the judgment roll, as upon the law.

§ 539. Any court, except a justice's court or a court of conciliation, may suspend an attorney and counsellor from practicing therein, for any of the causes mentioned in section 525, for a period not beyond the adjournment of the next general term of the supreme

court in the district. The order of suspension must state the cause thereof, and must be entered upon the minutes, and a certified copy thereof, transmitted by the court by which it is made, to the next general term of the supreme court in the district, which may proceed thereon against the person suspended, in the manner provided in this article.

CHAPTER II.

PERSONS SPECIALLY AUTHORIZED TO EXECUTE THE DUTIES OF THE SHERIFF IN PARTICULAR CASES.

SECTION 540. Elisors, when and how appointed. 541. How to execute process of arrest.

542. Where to confine sheriff or coroner on arrest.

543. Where to confine other persons.

544. General powers and duties of elisors.

$540. Process in an action or special proceeding may be executed by two persons residing in the county, designated by the court, and denominated elisors, in either of the following cases:

1. When the sheriff and coroner are parties:

2. When either of those officers is a party, and the process is against one of them, for a disobedience of an order or process against the other.

They may be required by the court to give security, in such manner as it may direct.

§ 541. When process of arrest is delivered to elisors, they must execute it in the same manner as the sheriff must have done, if it might have been executed by him.

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