§ 1046. Coroner to Execute Process, When Sheriff a Party.

When the sheriff is a party to any action, suit, or proceeding, the process therein, which it would otherwise be the duty of the sheriff to execute, shall, except when otherwise expressly provided by this code, be executed by the coroner of the county. [L. 1862; D. Cd. § 997; H. C. § 1028.]

§ 1047. Powers and Duties of Coroners in Executing Process.

A coroner who executes process in any action, suit, or proceeding in the cases provided in this chapter, must execute it in the same manner as the sheriff should execute similar process, and in the execution thereof, and in every matter incidental thereto, he is invested with the powers, duties, and responsibilities of the sheriff. [L. 1862; D. Cd. § 998; H. C. § 1029.]

§ 1048. Criers, Their Appointment and Duties.

Criers are appointed by the court in which they act, as elsewhere provided in this code. It is the duty of the crier

1. To attend the sittings of the court for which he is appointed;

2. To call parties and witnesses, and all other persons bound to appear at the court;

3. To make proclamation of the opening or adjournment of the court, or of any other matter under its direction. [L. 1862; D. Cd. § 999; H. C. § 1030.]

TITLE XV.

OF PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO THE COURTS OF JUSTICE.

CHAPTER I. OF ATTORNEYS IN GENERAL AND THEIR ADMISSION 1049

II.

OF THE DUTIES OF ATTORNEYS, AND THEIR AU

THORITY

1057

III.

IV.

OF THE CHANGE OF ATTORNEY, AND HIS LIEN
OF THE RESIGNATION OF ATTORNEYS, AND EFFECT
THEREOF

1061

1064

V.

OF THE REMOVAL OR SUSPENSION OF ATTORNEYS,
AND THE SUMMARY POWER OF COURT OVER

1066

VI.

OF PERSONS SPECIALLY AUTHORIZED TO EXECUTE
PROCESS IN PARTICULAR CASES .

1078

An attorney is a person authorized to appear for and represent a party, in the written proceedings in any action, suit, or proceeding, in any stage thereof. An attorney, other than the one who represents the party in the written proceedings, may also appear for and represent a party in court, before a judicial officer, and then he is known, in the particular action, suit, or proceeding, as counsel only, and his authority is limited to the matters that transpire in the court or before such officer at the time. [L. 1862; D. Ca. § 1000; H. C. § 1031.]

§ 1050. When Cause May be Prosecuted in Person or by Attorney.

Any action, suit, or proceeding may be prosecuted or defended by a party in person, or by attorney, except that the state or a corporation, either public or private, appears by attorney in all cases; and where a party appears by attorney, the written proceedings must be in the name of the attorney, who

is the sole representative of his client as between him and the adverse party, except as provided in the last section. [L. 1862; D. Cd. § 1001; H. C. § 1032.]

§ 1051. Attorney a Public Officer.

An attorney is a public officer, but any person may act in that capacity who has been admitted as such by the supreme court of this state, or may be hereafter admitted, as provided in this chapter. [L. 1862 (code of procedure, p. 246, § 1002); L. 1864; D. Cd. § 1002; L. 1868; H. C. § 1033.]

§ 1052. Application for Admission and Proof Thereon.

An applicant for admission as attorney must apply to the supreme court, and must show,

1. That he is a citizen of the United States and of this state, and of the age of twenty-one years, which proof may be made by his own affidavit; 2. That he is a person of good moral character, which may be proved by any evidence satisfactory to the court;

3. That he has the requisite learning and ability, which must be shown by the examination of the applicant, by the judges, or under their direction, in open court, at the term at which the application is made. [L. 1862; D. Cd. § 1003; H. C. § 1034]

§ 1053. An Alien who has Declared his Intention May be Admitted as an Attorney.

Any alien who has duly declared his intention of becoming a citizen of the United States, and has become a resident of the State of Oregon, may be by the supreme court of this state admitted as an attorney on the same terms and conditions, and with the same powers and privileges as such, as though he were a citizen of the United States, and it shall be sufficient if in his application for admission he show that he has so declared his intention of becoming a citizen of the United States: Provided always, that if within six months after he shall be entitled under the law to become a citizen of the United States he shall fail to become a citizen, then and in that case said admission shall be and become void and of no effect, and all rights and privileges thereunder shall cease and determine. [L. 1891, p. 42, § 1.]

§ 1054. Women May be Admitted to Practice.

Hereafter women shall be admitted to practice law as attorneys, in the courts of this state, upon the same terms and conditions as men. [L. 1885 (special session), p. 5, § 1; H. C. § 1035.]

$1055. Oath of Office, Order of Admission.

If, upon the examination, he be found qualified, the court shall administer an oath to the applicant, to support the constitution and laws of the United States and of this state, and to faithfully and honestly demean himself

in office. The court shall then direct an order to be entered to the effect that the applicant is a citizen of the United States and of this state, of the age of twenty-one years, of good moral character, and possesses the requisite learning and ability to practice as an attorney in all the courts of this state, and has taken the oath of office; and upon the entry of the order, he is entitled to practice as such attorney, and not otherwise. [L. 1862; D. Cd. § 1004; H. C. § 1036.]

§ 1056. Attorneys of Other Countries May Appear as Counsel.

Whenever it appears that a person of any other state or country is an attorney of the highest court of record in such state or country, he may appear as counsel for a party in a particular action, suit, or proceeding then pending in court, or before a judicial officer of this state, but not otherwise: Provided however, that upon proof that he is a person of good moral character, which may be proved by any evidence satisfactory to the court, he may be admitted generally, by the supreme court, as an attorney, in all respects as if he were a citizen of this state, and shall be permitted to practice in all courts of this state: Provided, that the state or country of which such applicant is a resident or citizen admits to its bar, and to practice in its courts, attorneys who are citizens of this state. [L. 1862; D. Cd. § 1005; H. C. § 1037; L. 1898, p. 12, § 1.]

CHAPTER II.

OF THE DUTIES OF ATTORNEYS, AND THEIR AUTHORITY.

§ 1057. Attorneys, their General Duties.

It is the duty of an attorney,

1. To support the constitution and laws of the United States and of this state;

2. To maintain the respect due to the courts of justice and judicial officers;

3. To counsel or maintain such actions, suits, or proceedings or defenses only as may appear to him legal and just, except the defense of a person charged with a public offense;

4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never to seek to mislead the court or jury by any artifice or false statement of law or fact; 5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his clients;

6. To abstain from all offensive personality, 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;

7. Not to encourage either the commencement or the continuance of an action, suit, or proceeding from any motives of passion or interest; and,

8. Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed. [L. 1862; D. Cd. § 1006; H. C. § 1038.]

received all that their claims were worth, the fact that they were not informed of the contemplated reorganization would not constitute à fraud upon them on the part of the said attorney: Powell v. Willamette Val. R. Co. 15 Or. 393, 15 Pac. 663.

A contract which has been agreed upon between an attorney and one who afterwards becomes his client, but is not made obligatory until after the relation of attorney and client has been formed, will be sustained, where it appears that the transaction was fair and honest, that the consideration was ample, and that the client, though an illiterate person, was fully informed of the terms of the contract, and the attorney was not guilty of any breach of trust or confidence: Bingham v. Salene, 15 Or. 208, 14 Pac. 523, 3 Am. St. Rep. 152.

1. To bind his client in any of the proceedings in an action, suit, or proceeding, by his agreement, filed with the clerk or entered upon the journal of the court, and not otherwise;

2. To receive money or property claimed by his client in an action, suit, or proceeding, during the pendency thereof, or within three years after judgment or decree, and upon the payment or delivery thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment or decree.

But this section does not prevent a party from employing a new attorney to issue execution upon a judgment or decree, or to take the other proceedings prescribed by this code for its enforcement, and when he does so, the authority of the former attorney ceases. [L. 1862; D. Cd. § 1007; H. C. § 1039.]

POWERS OF ATTORNEYS, GENERALLY.-An attorney at law under the general power to represent his client can not accept anything other than money in satisfaction of a judgment, except by special authority; thus, an attorney can not direct a sheriff holding an execution to accept as payment thereon a certificate of indebtedness of a garnishee, for his power and agency do not extend that far: Barr v. Rader, 31 Or. 225, 49 Pac. 962.

Jurisdiction of an appeal can not be acquired by the admission of service of notice of appeal by the attorney of a party who dies prior to such admission, where the attorney had not been retained by the personal representatives of the deceased, who had been substituted, for the reason that the death of a client pending an action or proceeding terminates the authority of the attorney, and a subsequent continuance of the suit by the attorney in the name of the representatives without their consent, is unwarranted: Holt v. Idleman, 34 Or. 114, 54 Pac. 279.

The law not only recognizes the binding force upon clients of stipulations and agreements by their attorneys concerning

the conduct and management of the case, but it gives the attorney the exclusive control in this regard. A party himself has, therefore, no authority to sign a stipulation for continuance: Nightingale v. Oregon Cent. R. Co. 2 Saw. 328.

One who was elected president of a corporation, and appointed its attorney, in 1877, and to whom no successor has ever been elected or appointed, will, in 1893, be presumed to have authority, in the name of the corporation, to maintain an action in its behalf: Lucky Queen Min. Co. v. Abraham, 26 Or. 282, 38 Pac. 65.

The plaintiff's attorney in an action can not, by virtue of his employment as such, bind his principal for the expense of a lock to secure the door of a building containing property attached in such action: Glenn v. Savage, 14 Or. 567, 13 Pac. 442.

LIABILITIES OF AN ATTORNEY.-An attorney is not liable for negligence in not suing a person on a claim, where the client had full knowledge of the facts, and directed him to sue another person on such claim: Lord v. Hamilton, 34 Or. 443, 56 Pac. 525.

§ 1059. Proceedings, when Party Alleges that an Attorney Appears for him Without Authority.

If it be alleged by a party for whom an attorney appears that he does so without authority, and the allegation be verified by the affidavit of the