Page:United States Statutes at Large Volume 31.djvu/502

 450 FLFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. or proceeding in which the attorney was e1nployed from the time of giving notice of the lien to that party; Fourth. Upon a judgment to the extent of the costs included therein, or, if there be a specia agreement, to the extent of the compensation specially agreed on, from the giving notice thereof to the partylagainst whom the judgment is given and filingithe original with the clerk where such ju gbment is entered and doc eted. his lien is, however, subordgnate to the rights existing between the parties to the action or procee ing. e ,0§{v,j;*;*Q&§g,g,’g;§§ Sec. 743, An attorneiy may_be removed or_suspended_by the district mmeg may bed ge- court_for either of the ollowing causes, ar1sing after his admission to IIIOVO OIEUSPGII 8. practlcet I First. Upon his being convicted of any felony or of a misdemeanor involving moral turpitude, in either of which cases the record of his conviction is conclusive evidence; Second. For a willful disobedience or violation of the order of a _court requiring him to do or forbear an act connected with or in the course ,0 his profession; ‘ ‘ Tpjrd. For eing guilty of any willful deceit or misconduct in his pro ession; B .Wh°m the Pm; Sec. 744. The roceeding to remove an attorney as rovided in the iliiéiiim °° be mm last section shall he taken by the court of its own motihn, for matters within its knowledge, or that of any of the judges thereof; otherwise it may be taken upon the information of another. mj,§g}*”““°”· Mw Sec. 745. If the proceedings be upon the motion of the court or judges thereof, for matters within its knowledige, the accusation shall be made by an order of the court reciting the acts charged. lf upon the information of another the accusation must be presented to the court, in writing, and verified by the oath of the personmaking it, or of some oth? pgarpon, to the eifect that the charges therein contained are true, as e e ieves. _ °p%¥£$*a{Q;;°¤g*$grdw Sec. 746. After the accusation has been made or received the court ` shall forthwith make an order rqquiring the accused to appear and answer the accusation at a specific time in the same or a su sequent term, and shall cause a copy of the order and of the accusation to be served u(pon the accused within a prescribed time before the day appointe in the order to appear and answer. But when the procee - ing is upon the information of another, the accusation shal be dismissed at once unless it appear therefrom that the accused should be _ reguired to aéplpear and answer the same. B if gygyn Q3 {gf . no. 747. e accused must appear at the time appointed in the egg;.P order and answer the accusation, unless, for sufficient cause, the court assign another day for that purpose. If he do not appear,_ the court ma proceed and determine the accusation in his absence. mlxfgrgvggmyge tgccgf Sino. 748. The accused may demur to the accusation for insufficiency mm.or controvert it by answer. The demurrer and answer shall be in writing, and the latter shall be vered by the oath of the accused in the same manner as a pleading in an action. » m§f,§§'¤g{,{§’ ‘,}_;’,§,;'}.{§; Sec. 749. If a demurrer, for insufficiency, be not sustained, the tmhwinh; iudsmenr accused shall answer forthwith. If he plead uilty, or refuse to answer i§LiY°°°°f °°°w°r °r the accusation, the court shall proceed to judgment of removal or suspension. If he controvert the matters charged, the court shall then or at such time as it may appoint, proceed to try the accusation, and give a judgment of removal, suspension, or acquittal, according to law and the right of the case. — k$gvgeg;g¤gf¤ gg Sec. 750. When an accusation is made IEOH the knowledge of the com {resumed mus court, or the judges thereof, the facts sh be set forthras in other §‘Q§,$;,,, ,,‘§{‘,,,,§‘,§",§_ b° cases, and the accused ma controvert the accusation, whereulpon the ‘ issues of fact shall be by the court referred to at least three isinter-. ested members of the bar, who shall report their findings of fact to the