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.

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 employmen.; 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 permit ted 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 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 endorse thereon his name.

ecution against his client. 8 Neb., 307. May confess judgment for costs. 22 Neb., 195. Cannot take affidavit. 16 Neb., 52. 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 Neb., 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 dis14 Nah.. 581. Not proper surety on bond, but if clerk approves, attorney is bound. 17 Neb.. 209. Privillegal communications. 18 Neb., 581. 19 Neb., 414, 533. Selling real estate for client and representing title as good, attorney estopped to assert title in himself. 25 Neb., 322. Alleged fraud and conspiracy. 23 Neb., 541. Authority to appear is presumed from appearance. 28 Neb., 294. Contract for services not assignable. 30 Neb., 707.

468.

18

SEC. 8. Lien paramount to rights of parties. 33 Neb., 204. Lien restricted to claim set out in notice. 5 Neb., 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 judg ment. 18 Neb., 42. Lien on cause of action for tort which would not survive death of parties, does not exist. Neb., 505. Lien cannot be defeated by settlement of case by parties. 22 Neb., 77. Equity of vendor, Held, Superior to lien of attorney. 22 Neb., 760. Until lien is discharged attorney not liable to prosecution for embezzlement. 24 Neb., 734. Employment of associate counsel; liabilty of client for fees. 23 Neb., 618. Fees not recoverable in action of tort. 23 Neb., 709. Defending indigent prisoner; fee allowed by county board. 23 Neb., 765. 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 fees, and tax the same as costs. 16 Neb., 398. Debtor cannot, by paying portion of debt immediately preceding judgment, defeat recovery of attorney's fees upon entire sum for which, but for the payment, judgment would have been rendered. 18 Neb., 595. Contract between attorney and client not notice to third party of lien. 26 Neb., 403.

SEC. 14. [Shall act as guardian.]-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.

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 the 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 county 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 of 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 inhabi tants, 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

Sec. 15. Attorney may be employed by private parties to assist in criminal case. 14 Neb., 544. 17 Neb., 151. 27 Neb., 707. Duties in cases removed by change of venue. 27 Neb., 707.

SECS. 15-28. "An act to provide for the election of county attorneys, to define their duties and fix their sala. ries, and to repeal sections 15, 16, 17, 18, 19, 20, and 21, of chapter 7 of compiled statutes." Took effect June 5, 1887. Repeals sec. 47, chap. 18. 31 Neb., 362.

SEC. 20. Cited 23 Neb., 767. Compensation on change of venue paid by original county. 33 Neb., 422.

assistants shall be allowed sucn 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 district judge before whom said cause was tried, certifying to the services rendered by such assistant or assistants. Provided, further, that in counties having a population of over seventy thousand inhabitants and less than one hundred and twenty-five thousand there is hereby created the office of deputy county attorney to be appointed by the county attorney at a salary not to exceed the sum of fifteen hundred dollars ($1,500) per annum to be fixed by the judges of the district court and to be paid by order on the county treasurer upon presenting to said board the certificate of the judges of the district court certifying to the amount of such salary; Provided, further, that in counties whose population exceed one hundred and twentyfive thousand inhabitants there are hereby created the offices of three deputy county attorneys to be appointed by the county attorney of such county at salaries not to exceed the sum of fifteen hundred dollars ($1,500) each per annum, to be fixed by the judges of the district court, and to be paid by order on the county treasurer upon presenting to said board the certificate of the judges of the district court certifying to the amount of such salary; Provided, further, that before entering upon the duties of their said offices, said deputies shall be required to give bond for the faithful performance of the same in an amount to be fixed and approved of by the said judges of the district. court. [Amended 1893, chap. 2. In force Mar. 3, 1893.]

SEC. 21. [Appointment by court.]-In the absence, sickness, or disability of the county attorney and his deputies, the court before whom it is his duty to appear, in which there may be business for him, may appoint an attorney to act as county attorney, by an order to be entered upon the minutes of the court, but who shall receive no compensation from the county except as provided for in section six (6) of this act. [Sec. 20 this chapter.]

SEC. 22. [Shall not receive fee or reward.]-No prosecuting attorney shall receive any fee or reward from or on behalf of any prosecutor or other individual, for services in any prosecution or business to which it shall be his official duty to attend; nor be concerned as an attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced or prosecuted, shall depend.

SEC. 23. [Receipts for money.]-It shall be the duty of the county attorney, whenever he shall receive any money in his official capacity, to give to the person paying the same duplicate receipts, one of which shall be filed by such person with the county clerk.

SEC. 24. [Duties before grand jury.]-Whenever the county attorney is required by the grand jury of any court sitting in his county, it shall be the duty of said county attorney to attend them for the purpose of examining witnesses in their presence, or of giving them advice in any legal matter, and to issue subpoenas and other writs of process; to bring in witnesses, and to draw up bills of indictment, but he shall not be present with the grand jury when an indictment is being considered and found by said grand jury.

SEC. 25. [Vacancy.]-In case of vacancy in the office of county attorney by death, resignation, or otherwise, the county board shall appoint a county attorney, who shall give bond, and take the same oath and perform the same duties as the regular county attorney; and shall hold said office until his successor shall be elected and qualified.

SEC. 26. [Construction of statutes.]-That whenever the term district attorney or prosecuting attorney appears in the laws of Nebraska, it shall hereafter mean county attorneys, and all laws now in force regulating the duties of district attorneys in criminal matters and proceedings shall apply to county attorneys herein provided

for.

SEC. 27. [District attorneys.]-The respective district prosecuting attorneys shall hold their respective offices until the expiration of their present term as now provided by law, and the said county attorneys are elected and qualified as provided for in section 1 of this act.

SEC. 28. [Repealed sections 15-21, chap. 7, Comp. Stat. 1881.]

SEC. 25. Appointments made by entering the fact upon the record of the proceedings of the board sumcient. 30 Neb., 501. Vacancy, how Alled. 33 Id., 266. SEC. 26. Cited 26 Neb., 249.

CHAPTER 8.-BANKS.

SECTION 1. [Capital.]—It shall be unlawful for any corporation, firm, or individual to transact a banking business by receiving money on deposit, buying and selling exchange and the like, unless such corporation, firm, or individual shall have property of cash value as follows: In cities, villages, and communities having a population of less than one thousand (1,000) inhabitants, five thousand (5,000) dollars; in cities and villages having a population of more than one thousand (1,000) and less than fifteen hundred (1,500) inhabitants, ten thousand (10,000) dollars; in cities and villages having a population of less than two thousand (2,000) and more than fifteen hundred (1,500) inhabitants, fifteen thousand (15,000) dollars; in cities having a population of less than three thousand (3,000) and more than two thousand (2,000) inhabitants, twenty thousand (20,000) dollars; in cities having a population of less than five thousand (5,000) and more than three thousand (3,000) inhabitants, twenty-five thousand (25,000) dollars; in cities having a population of less than ten thousand (10,000) and more than five thousand (5,000) inhabitants, thirty thousand (30,000) dollars; in cities having a population of more than ten thousand (10,000) inhabitants, fifty thousand (50,000) dollars. Such property shall be in money or in money s commercial paper, bank furniture, and the necessary bank buildings with the lot or lots on which the same are built, and of the cash value aforesaid, above all incumbrances thereon and in excess of all liabilities owing by such corporation, firm, or individual; Provided, That real estate, furniture, and fixtures shall not constitute more than one-third (3) of capital.

SEC. 2. [Report.]—Every bank or corporation, firm, or individual transacting a banking business, shall at least ten (10) days before commencing such business, transmit to the auditor of public accounts a report of the character set forth in section four (4) of this act; Provided, That every bank or corporation, firm, or individual, transacting a banking business at the time this act takes effect, shall transmit such report within ten (10) days from such time.

SEC. 3. [Same.]-Every bank and every corporation, firm, or individual transacting a banking business shall make to the auditor of public accounts not less than three (3) reports during each year according to the form which may be prescribed by him, which report shall be verified in the case of incorporated banking companies by the oath or affirmation of the president or cashier, and in other cases by the oath or affirmation of a partner, member, or business manager. But the officer administering the oath or affirmation to the person verifying such report shall be in no way interested in such bank as a stockholder, member, partner, bank officer.

SEC. 4. [Contents of report.]-Such report shall state the amount loaned. upon bond and mortgage, the par value and actual market value of all stock or bond investments, designating each particular kind and the amount invested in each; the amount loaned upon notes, bills of exchange, over-drafts, and other personal securities, with the actual market value of such securities; the amount of rediscounts and of commercial paper past due; the amount invested in real estate, giving the cost of the same; the amount of cash on hand and on deposit in banks or trust companies with their names and the amount deposited in each; the amount of all other assets not enumerated above, and such other information as the auditor of public accounts, state treasurer, and attorney general, or any two of them may require; Provided, That commercial paper, not in

CHAP. & An act to require corporations, firms, and individuals transacting a banking business to make reports of their resources and liabilities to the auditor of public accounts, and to provide for examinations of the affairs of such banking institutions, and to fix a minimum capital for the transaction of a banking business; punish the receiving of deposits by insolvent banking institutions, and to provide for winding up their affairs, and to repeal sections one (1), two (2), and three (3) of chapter eight (8) of the compiled statutes of Nebraska of 1887. Took effect June 30, 1889. Laws 1889, chap. 37.]

process of collection, six (6) months past due with interest unpaid, shall not be included in the report of the assets of such corporation, firm, or individual. Each report shall state such resources and liabilities at the close of business on any past day by the auditor of public accounts specified, and shall be transmitted to him within five (5) days after the receipt of a request or requisition therefor from him. And a summary of such report in the form prescribed by the auditor of public accounts, state treasurer, and attorney general shall be published in a newspaper published in the place where such banking business is transacted, or if there is no newspaper in the place, then in one published nearest thereto in the same county, at the expense of such bank, corporation, firm, or individual; and proof of such publication shall be transmitted to the auditor of public accounts.

SEC. 5. [Special reports.]-The auditor of public accounts, state treasurer, and attorney general, or any two of them, shall have power to call for special reports from any particular bank, corporation, firm, or individual transacting a banking business whenever in their judgment the same are necessary in order to a full and complete knowledge of his or its condition.

SEC. 6. [Clerk-—Bank examiners.]—The auditor of public accounts, state treasurer, and attorney-general or any two of them shall appoint a suitable person to perform the clerical work necessary to carry out the provisions of this act. They shall also appoint a suitable person or persons having a practical knowledge of banking to make an examination of the affairs of every bank, and every corporation, firm, or individual transacting a banking business, as often as shall be deemed necessary and proper, and at least once in every year. But no person shall be appointed to examine the affairs of any bank, or corporation, firm or individual transacting a banking business who is an officer, stockholder, member, partner, or clerk in any banking institution of this state. The auditor of public accounts, state treasurer, and attorney general, or any two of them, may at any time remove any person so appointed by them.

SEC. 7. [Duties of bank examiners.]-The person or persons so appointed shall have power to make a thorough examination into all the books, papers, and affairs of the bank, or corporation, firm, or individual transacting a banking business and, in so doing to administer oaths and affirmations and to examine on oath or affirmation any individual banker and the officers, agents, partners, and clerks of such bank, corporation, firm, or individual, touching the matters he or they shall be directed or may desire to inquire into; and to summon, and by attachment compel the attendance of any inhabitant of the state, to testify under oath before him or them in relation to the affairs of such corporation, firm, or individual. The person or persons making such examination shall make a full and detailed report of the condition of such corporation, firm, or individual to the auditor of public accounts.

SEC. 8. [Compensation of examiners-Bond.]-Every person appointed to examine the affairs of any bank, corporation, firm, or individual transacting a banking business shall receive compensation for such examination at the rate of ten dollars ($10.00) for each day by him employed in such examination, which shall be paid to him by the bank, corporation, firm, or individual, whose affairs are examined; Provided, That the fees paid by any such corporation, firm, or individual for any such single examination shall not be less than ten dollars ($10.00) nor more than twenty dollars ($20.00) and that no such corporation, firm, or individual shall be required to pay for more thar one such examination in any one year; and provided further, that all fees collected by any such examiner in excess of the sum of two thousand dollars ($2,000) per annum and all his necessary traveling expenses shall be paid in to the state treasury for the benefit of the general fund. Every person appointed as such examiner shall make at the end of every year to the auditor of public accounts, state treasurer, and attorney general a detailed report of all fees collected by him under this act, and of all his necessary traveling expenses in the performance of his duties as such examiner; and shall give a bond in the sum of ten thousand dollars ($10,000) executed by himself with

SEC. 8. Compensation cannot be regulated by state board. 31 Neb., 44.