How Known.

An Act relative to attorneys and counselors-at-law.
Approved October 31, 1861, 6.

2612. SECTION 1. All persons admitted to practice in any of the courts of this territory, shall be known as attorneys and counselors-at-law.

Who Admitted to Practice.

2613. SEC. 2. Any citizen of this state of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, shall be entitled to admission as attorney and counselor in all the courts of this state. Under this Act females shall have the same rights and privileges as males. As amended, Stats. 1893, 12; 1899, 30.

Admission of Attorneys-Examining Committee-Oath and Fee.

2614. SEC. 3. Every applicant for admission as attorney and counselor-atlaw shall produce satisfactory testimonials of good moral character, and undergo such examination, as to his qualification, as the supreme court may direct; provided, that such examinations and testimonials may be dispensed with at the discretion of said court; and it is hereby made the duty of the supreme court, upon application of the District Judge of any judicial district within this state, to appoint a committee to examine persons applying for admission as attorneys and counselors-at-law, under such rules and regulations as the supreme court may prescribe, which committee shall consist of the District Judge of the district, and at least two attorneys-at-law of the district in which the committee is appointed. And it shall be the duty of the committee so appointed to examine persons apply. ing for admission to practice law, and report to said supreme court the result of such examination, with recommendation that the person or persons so examined be or be not admitted to practice law. Upon the filing and approval by said supreme court of the report of any committee so appointed, the supreme court may order the Clerk of said supreme court to issue to the person or persons so recommended a license, authorizing such person or persons to practice as attorneys and counselors-at-law in all the state courts within this state; but no license shall be issued, under the provisions of this Act, until the person to whom the same may issue shall have filed with the Clerk of the Supreme Court his official oath, and paid over to the State Treasurer the sum of twenty-five dollars, as now provided by law. As amended, Stats. 1871, 148; 1875, 142.

Additonal fees for admission of attorney, see Secs. 1530 and 2469.

How Licensed.

2615. SEC. 4. If he be duly qualified, the court shall admit him as attorney and counselor in all the courts of the state, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the Clerk of the court, which certificate shall be his license. As amended, Stats. 1871, 148.

Entered on Roll.

2616. SEC. 5. Any district court of this state may order to be entered upon its roll of attorneys the name of any person who shall produce a license given to him by the Clerk of the Supreme Court, as in this Act provided. As amended, Stats. 1871, 148.

Oath and License.

2617. SEC. 6. Every person, before receiving a license to practice law, shall take, before some officer authorized by the laws of this state to administer oaths, the oath prescribed by law, and after procuring the State Controller's order on the State Treasurer, to receive the same, pay over to the said State Treasurer the sum of twenty-five dollars, for the use of the state library fund; and the Clerk of the court shall require of the person so admitted the clearance of the State Controller, certifying the payment of said twenty-five dollars into the state treasury,

before issuing such license, and in no case shall the license be issued until such clearance is filed in the office of the Clerk. As amended, Stats. 1871, 148; 1873, 114.

Examination Dispensed With.

2618. SEC. 7. The examination may be dispensed with in the case of a person who has been admitted attorney and counselor in the highest courts of a sister state or territory; his affidavit of such admission, or his license showing the same, shall be deemed sufficient to entitle him to admission.

Roll Kept.

2619. SEC. 8. Each Clerk shall keep a roll of attorneys and counselors of the court of which he is Clerk, which shall be a record of the court.

Practicing Without License.

2620. SEC. 9. If any person shall practice law in any court in this state, except a justice's, recorder's or municipal court, without having received a license as attorney and counselor, after admission by the supreme court, he shall be deemed guilty of a contempt of court, and punished as in other cases of contempt, and shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined one hundred dollars or imprisoned in the county jail fifty days. As amended, Stats. 1871, 148.

Authority of Attorney.

2621. SEC. 10. An attorney and counselor shall have authority: First-To bind his client in any of the steps of an action or proceeding, by his agreement filed with the Clerk, or entered upon the minutes of the court, and not otherwise. Second-To receive money claimed by his client in an action or proceeding during the pendency thereof, or within one year after judgment and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction in the judgment.

Change of Attorney.

2622. SEC. 11. The attorney in an action or special proceeding may be changed at any time before judgment or final determination, as follows: FirstUpon his own consent, filed with the Clerk or entered upon the minutes. Second -Upon the order of the court or Judge thereof on the application of the client. Huffaker v. Crosby, 24 Nev. IS

Notice of Change.

2623. SEC. 12. 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 shall be bound to recognize the former attorney.

Hoppin v. Bank, 24, Nev. 2542.84

Death or Removal.

2624. SEC. 13. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney shall, before any further proceedings be had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.

Suspension of Attorney.

2625. SEC. 14. An attorney and counselor may be removed or suspended by the supreme court, and by no other court in the territory, for either of the following causes arising after his admission to practice: First-Upon his being convicted of felony or misdemeanor, involving moral turpitude, in either of which cases the record of his conviction shall be conclusive evidence. Second-For 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 misconduct in office, or for good cause shown.

ATTORNEY-AT-LAW-MOTION TO STRIKE NAME FROM ROLL-COURT OF RECORD. Held, that the statute authorizing the court to remove an attorney who has been convicted of a felony or misdemeanor, and that "the record of his conviction shall be conclusive evidence," contemplates a conviction in a court of record; that the docket of a Justice of the Peace is not conclusive. In the Matter of Granger, 15 Nev. 56.

Conviction of Attorney.

2626. SEC. 15. In the case of the conviction of an attorney or counselor of a felony or misdemeanor involving moral turpitude, the Clerk of the court in which the conviction was had shall, within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction.

Proceedings to Remove.

2627. SEC. 16. The proceedings to remove or suspend an attorney and counselor, under the first subdivision of section fourteenth, shall be taken by the court on the receipt of the certified copy of the record of convictions; the proceedings under the second and third subdivisions of section fourteenth may be taken by the court for matters within its knowledge, or may be taken upon the information of another.

Accusation to Be in Writing.

2628. SEC. 17. If the proceedings be upon the information of another, the accusation shall be in writing, and shall be presented to the court.

Accusation, What to State.

2629. SEC. 18. The accusation shall state the matters charged, and shall be verified by the oath of the person making it, or some other person, to the effect that the charges therein contained are true.

To Appear and Answer.

2630. SEC. 19. After receiving the accusation, the court shall, 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 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.

Appearance of Accused.

2631. SEC. 20. 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.

Pleadings.

2632. SEC. 21. The accused may answer the accusation, either by objecting to the sufficiency, or by denying its truth.

Demurrer.

2633. SEC. 22. If he object to the sufficiency of the accusation, the objection shall 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 shall be entered upon the minutes.

Answer.

2634. SEC. 23. If an objection to the sufficiency of the accusation be not sustained, the accused shall answer forthwith.

Plea of Guilty.

2635. SEC. 24. If the accused plead guilty, or refuse to answer the accusation, the court shall proceed to judgment of removal or suspension. If he deny the matter charged, the court shall immediately, or at such time as it may appoint, proceed to try the accusation.

Reference to Committee.

2636. SEC. 25. The court may, in its discretion, order a reference to a committee to take the depositions in the matter, and to report to the court before proceeding to try the accusation.

Judgment on Conviction.

2637. SEC. 26. Upon conviction, in cases arising under the first subdivision of section fourteenth, the judgment of the court shall be, that the name of the party be stricken from the roll of attorneys and counselors of the court, and he be precluded from practicing as such attorney or counselor in all the courts of this territory; and, upon conviction in cases under the second and third subdivisions of section fourteenth, the judgment of the court may be, according to the gravity of the offense charged, deprivation of the right of practice as attorneys or counselors in the courts of this territory, permanently or for a limited period.

May Appear in Own Behalf.

2638. SEC. 27. Nothing in this Act shall be so construed as to prevent any person from appearing in his own behalf in any court in this territory.

REAL PROPERTY AND CONVEYANCES.

Conveyance by Deed.

An Act concerning conveyances.

Approved November 5, 1861, 11.

2639. SECTION 1. Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved, and recorded, as hereinafter directed.

1. DEED EXECUTED AND DELIVERED. Carries absolute title. Ruhling v. Hackett, 1 Nev. 360. COURTS OF EQUITY may correct mistakes. Id.

2. QUITCLAIM DEED-CONVEYS TITLE, WHEN-PAROL EVIDENCE ADMISSIBLE TO IDENTIFY PROPERTY. Brown v. Warren, 16 Nev. 228.

3. QUITCLAIM DEED. Conveys whatever present interest the grantor has in property, and, although intended as a mortgage, will protect the rights of an innocent purchaser for value. Brophy M. Co. v. B. & D. G. & S. M. Co., 15 Nev. 101.

4. QUITCLAIM DEED-AFFECTS ONLY PRESENT RIGHT. Title of patentee of public land unaffected by his previous quitclaim deed. Harden v. Cullins, 8 Nev. 49.

5. SUFFICIENCY OF SHERIFF'S DEED-ACKNOWLEDGMENT OF SHERIFF'S DEED. Smith v. Claimants, 4 Nev. 254.

6. DEED ABSOLUTE ON ITS FACE MAY BE SHOWN TO BE A MORTGAGE-PAROL EVIDENCE ADMISSIBLE-PROOF SHOULD BE CLEAR. Bingham v. Thompson, 4 Nev. 224; Saunders v. Stewart, 7 Nev. 200; Pierce v. Traver, 13 Nev. 526.

7. ABSOLUTE DEED, WHEN A MORTGAGE. First Nat. Bank v. Kreig, 21 Nev. 404.

8. GRANTING CLAUSE-HOW CONSTRUED. McCurdy v. Alpha M. Co., 3 Nev. 27.

9. CONSTRUCTION OF DEED-SUFFICIENCY OF DESCRIPTION. Paroni v. Ellison, 14 Nev. 60.

10. CONSTRUCTION OF DEED-EASEMENT-ESTOPPEL. Lindsay v. Jones, 21 Nev. 72.

11. DEED MADE PRIOR TO STATUTE OF CONVEYANCES. Sharon v. Davidson, 4 Nev. 416.

12. CONSTRUCTION OF DEED-WATER DITCH. Fogus v. Ward, 10 Nev. 269.

13. DESCRIPTION--INTENTION OF GRANTOR TO CONVEY LAND-PRESUMPTIONS-EVIDENCE OF EXISTENCE OF DEEDS. Langworthy v. Coleman, 18 Nev. 440.

14. EQUITY-EFFECT OF RECONVEYANCE OF TITLE. S. held a deed of mining ground as a mortgage to secure an existing indebtedness; he conveyed the premises to P., and after two or more transfers of the title, the property was redeeded to S.: Held, that when the title returned to S., the same equities attached to it in his hands as existed at the time he made the conveyance to P. Brophy M. Co. v. B. & D. G. & S. M. Co., 15 Nev. 101.

15. LEGAL TITLE--DEED OF LAND TO T. B. & BRO. A conveyance of land to Thomas Barnett & Bro. vests the legal title in Thomas Barnett alone, and a conveyance from him will give to his grantees a good and valid title. Barnett v. Lachman, 12 Nev. 361.

16. PRESUMPTION OF CLAIM TO ENTIRE TRACT BY ENTRY UNDER DEED. A person entering upon a tract of land under a deed with definite boundaries, is presumed by the mere act of entry so made to intend to claim the entire tract. Sharon v. Minnock, 6 Nev. 377.

By Married Women.

2640. SEC. 2. A husband and wife may, by their joint deed, convey the real estate of the wife in like manner as she might do by her separate deed if she were unmarried.

Acknowledgment.

2641. SEC. 3. Every conveyance in writing whereby any real estate is conveyed or may be affected, shail be acknowledged or proved and certified in the manner hereinafter provided.

Acknowledgments, by Whom Made.

2642. SEC. 4. The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers: First-If acknowledged or proved within this state, by some Judge or Clerk of a court having a seal, or some Notary Public or Justice of the Peace; provided, when the acknowledgment is taken before a Justice of the Peace in any other county than that in which the real estate is situated, the same shall be accompanied with the certificate of the Clerk of the district court of such county, as to the official character of the Justice taking the proof or acknowledgment, and the authenticity of his signature. Second-If acknowledged or proved without this state, and within the United States, by some Judge or Clerk of any court of the United States, or of any state or territory having a seal, or by any Commissioner appointed by the government of this state for that purpose, or by a Justice of the Peace of any county in any state or territory in the United States, accompanied with the certificate of the Clerk of a court of record of the county having a seal, as to the official character of the Justice and the authenticity of his signature. Third— If acknowledged or proved without the United States, by some Judge or Clerk of any court of any state, kingdom, or empire having a seal, or by any Notary Public therein, or by any Minister, Commissioner, or Consul of the United States appointed to reside therein.

See, also, Sec. 2728.

ACKNOWLEDGMENT OF DEED-ABOVE SECTION CONSTRUED. Deed acknowledged in foreign country before Vice-Consul-General of the United States good. Evans v. Lee, 11 Nev. 194. Record Valid.

2643. (SEC. 2.) All acknowledgments or proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged, or proven, and certified, or which may have been certified in the manner hereinabove provided, the record thereof now or hereafter made shall be valid and of like force and effect as if proven before the officer, and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or any right required by operation of law prior to the passage of this Act. As amended, Stats. 1867, 103.

Certificate Annexed.

2644. SEC. 5. Every officer shall take the proof or acknowledgment of any conveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance; such certificate shall be: First-When granted by any Judge or Clerk, under the hand of such Judge or Clerk, and the seal of the court. Second-When granted by an officer who has a seal of office, under the hand and official seal of such officer.

Proof of Identity.

2645. SEC. 6. No acknowledgment of any conveyance whereby any real