Authority of attorney.

Change of attorney.

Notice of change

Death or remov.

5. To maintain inviolate the confidence, and, at every peril to himself, to preserve the secrets of his client;

6. To abstain from all offensive personality, and 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;

7. Not to encourage either the commencement or continuance of an action or proceeding from any corrupt motive of passion or interest;

8. Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed;

SEC. 150. An attorney and counselor has authority: 1. 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;

2. To receive money claimed by his client in an action or proceeding, during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.

SEC. 151. The attorney in an action or special proceeding may be changed at any time before judgment or final determination, as follows:

1. Upon his own consent, filed with the clerk or entered upon the minutes;

2. Upon the order of the court or judge thereof upon the application of the client, after notice to the attorney.

SEC. 152. When an attorney is changed, as provided in the last preceding section, written notice of the change and of the substitution of a new attorney or of the appearance of the party in person must be given to the adverse party; until then he must recognize the former attorney.

SEC. 153. When an attorney dies or is removed or al of attorney. suspended or ceases to act as such, a party to an action or proceeding, for whom he was acting as attorney must before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney or to appear in person.

Removal and 'suspension.

SEC. 154. An attorney and counselor may be removed or suspended by the supreme court, and by the district courts for either of the following causes, arising after his admission to practice:

1. His conviction of felony or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence.

2. Willful disobedience or violation of an order of the court requiring him to do or forbear an act connected with or in course of his profession, and any violation of the oath taken by him, or of his duties as such attorney and counselor;

3. Corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding;

4. Lending his name to be used as an attorney and counselor by another person who is not an attorney and counselor.

In all cases where an attorney is removed or suspended by a district court, the judgment or order of removal or suspension may be revived on appeal, by the supreme

court.

SEC. 155. In case of the conviction of an attorney Conviction of or counselor of a felony or misdemeanor, involving moral telony. turpitude, the clerk of the court in which such conviction is had, must within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction.

removal or sus

SEC. 156. The proceedings to move or suspend an Proceedings for attorney and counselor under the first subdivision of Sec- pension. tion 154, must be taken by the court on the receipt of a certified copy of the record of conviction. The proceedings under the second subdivision of the last named section may be taken by the court for matters within its knowledge, or may be taken upon the information of another.

SEC. 157. If the proceedings are upon the information of another, the accusation must be in writing.

Accusation.

SEC. 158. The accusation must state the matters Verification. charged, and be verified by the oath of some person, to the effect that the charges therein contained are true.

SEC. 159. After receiving the accusation, the court Citation to must, if in its opinion the case require it, make an order re- answer. quiring the accused to appear and answer the accusation at a specified time in the same or 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.

SEC. 160. The accused must appear at the time ap- Appearance. pointed 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.

SEC. 161. The accused may answer to the accusation How to answer. either by objecting to its sufficiency or denying it.

Demurrer.

Answer.

Trial.

Reference.

Judgment.

SEC. 162. 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 presents intelligibly the grounds of the objection. If he deny the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

SEC. 163. If an objection to the sufficiency of the accusation be not sustained, the accuser must answer within such time as may be designated by the court.

SEC. 164. 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, at such time as it may appoint, proceed to try the accusation.

SEC. 165. The court may, in its discretion, order a reference to a committee to take depositions in the matter. SEC. 166. Upon conviction, in cases arising under the first subdivision of Section 154, the judgment of the court must be that the name of the party must be stricken from the roll of attorneys and counselors of the court, and that he be precluded from practicing as such attorney or counselor in all the courts of this Territory, and upon conviction in cases under the other subdivisions of that section, the judgment of the court may be according to the gravity of the offense charged-deprivation of the right to practice as an attorney or counselor in the courts of this Territory, permanently or for a limited period.

Appointment,

CHAPTER II.

Other Persons Invested with such Powers.

SEC. 170. The appointment, powers and duties of powers and du- receivers, executors, administrators, and guardians, are provided for and prescribed in the laws of the Territory relating to those subjects.

ties of receivers,

executors, etc.

183

PART II.

OF CIVIL ACTIONS.

TITLE I.

OF THE FORM OF CIVIL ACTION.

SEC. 172. There is in this Territory but one form of civil action for the enforcement or protection of private rights, and the redress or prevention of private wrongs.

SEC. 173. In such action the party complaining is known as the plaintiff, and the adverse party as the defendant.

One form of contin

civil action only.

how designated.

Special issues not made by pleadings, how

SEC. 174. In a case where neither party can, as of right, require a trial by jury, of an issue of fact arising upon the pleadings, or where a question of fact, not in tried. issue upon the pleadings, is to be tried, an order for the trial thereof by a jury may be made, stating distinctly and plainly, the question of fact to be tried. Such an order is the only authority necessary for the trial.

TITLE II.

OF THE TIME OF COMMENCING ACTIONS.

Commencement

CHAPTER I.

The Time of Commencing Actions in General.

SEC. 175. Civil actions can only be commenced of civil actions. within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute.

When the peo

CHAPTER II.

The Time of Commencing Actions for the Recovery of Rea

Property.

SEC. 178. The people of this Territory will not sue ple will not sue. any person for or in respect to any real property, or the issues and profits thereof, by reason of the right or title of the people to the same, unless:

Seizin

within seven years, when nec

1. Such right or title shall have accrued within seven years before any action or other proceedings for the same shall be commenced; or,

2. The people, or those from whom they claim, shall have received the rents and profits of such real property or some part thereof within the space of seven years.

SEC. 179. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, essary in action grantor or predecessor was seized or possessed of the premises in question within seven years before the commencement of such action; and this section includes possessory rights to lands and mining claims.

for real prop.

erty.