Page:United States Statutes at Large Volume 31.djvu/501

 FIFTY-SIXTH CONGRESS. Sess. I. C1-1. 786. 1900. 449 CHAPTER SEVENTY-six. or THE DUTIES or ATTORNEYS, AND THEIR AUTHomTY. Sec. — Sec. 737. Authority of an attorney. 747. If accused do not appear, court to 738. Proceedings when party alleges that proceed. attorney appears for him without 748. May demur to or controvert the authority. accusation. 739. When attorney may be compelled 749. If demurrer not sustained must toshow authority. answer forthwith; judgment for 740. Attorney, how changed. want of answer or trial. 741. Notice of change. 750. Accusation on knowledge of the 742. Lien of attorneys. _ court presumed to be true, but 743. By what court and for what causes may be shown otherwise. an attorney may be removed or 751. Proceeding to compel an attorney suspended. to deliver over money or papers. 744. By whom the proceedings to be 752. How court to proceed if attomey instituted. · claim a lien. • 745. Accusation, how made. Q 746. Order for accused to appear and answer. Sec. 7%*1. An attorney has authority- ..,$‘§h°'"’ °‘ *“‘ "' ` First. To bind his client in any of the proceedings in an action or y' proceeding by his agreement file with the clerk or entered upon the ]ournal_ of the court, and not otherwise; Second. To receive money or property claimed by his client in an action or proceeding during the pendency thereof, or within three years after judgment, and, upon the payment or delivery thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment; But this section does not prevent a party from emlploying a new attorney to issue execution uipon a judgment, or to take the other proceedings prescribed by this co e for 1tS enforcement, and when he ogs so gah; aiigzhorligy of tha foormer atto;·ney %O8.SGS. ‘ Ec. '3 . it a e e y a part or w om an attorney a rs P¤><=¢¢¤i¤8¤ wh¤¤ that he does so without agithority, andbthe allegation be verinedliixyeliihe i)•iri»i°ey°u$ t iii affidavit of the party, the court may, if it En the allegation true, at {‘§f‘ ‘"“‘°"’ “““‘°" any stage of the proceedings, relieve the party for whom the attorney has assumed to appear from the consequences of his act. ‘ ‘ Sec. 739. The court or fudge thereof mafy, on motion of either party, be'gg;¤ gggdmogvsggg and on showing reasonab e grounds there or require the attorney for autnorfiy. the adverse party, or for any one of several adverse parties, to roduce or prove the authority under which he alppears, and until he goes so may stay all proceedings by him on beha f of the party for whom he assumes to appear. " - ' SEo. 740. The attorney in anaction or proceeding may be changed °h§,§;§_{“°Y· M" at any time before judgment or final determination, as follows: ‘ First. Upon his own consent, filed with the clerk or entered_ upon the journal· or, —- ». Second. Upon the order of the court o;&1dge thereof, on the application of the client or the attorney, for s cient cause. · SEo. 741. When an attorney i changed, as provided in the last N°“°° °‘°*’°”¤°· section, written notice of the chanfge an of the substitution of a new attorney, or of the appearance o the party in person, shall be given to the adverse party. Tntil then, he is bound_to recognize the former attorney. SEo. 742. An attorney has a lien for his compensation, whether L*<=¤°f¤¤=°¤¤¤¥¤· specially ggreed upon or 1mplied, as provided in this section- First. tgon the papers of his client which have come into his possession in e course of his lprofessional employment; Second. Upon money in is hands belonging to his client; Third. Upon money in the hands of the adverse party in an action vox. xxx1—-29