thereof to the assignor or assignors, or for his or their benefit, before his or their existing debts have been paid. Fourth. If it confer any power upon the assignee, other or different from those contained in this act. Fifth. If the assignor or assignors shall fail to make the inventory required to be made by him or them by this act, within the time required by this act, the assignment shall not be void, but that the county court may by attachment or other proper remedy compel the making and return thereof by the assignor. But an omission of any property, or of the name or claim of any creditor therefor, shall not avoid the assignment.

571 SEC. 30. [Fraudulent conveyance.] If the assignor or assignors shall have made any fraudulent conveyance or disposition of his or their property, or any part of it, or any conveyance of the same, or any part of it, in whole or in part, directly or indirectly for his or their benefit, the assignee shall upon the direction in writing of a majority in number of the creditors owning two-thirds in amount of all the claims proven against the estate at the time fixed for proving the same, begin and maintain an action for the purpose of setting said conveyance aside, or having the same adjudged void, or to recover the property so conveyed; and in such action he shall have all the rights and be entitled to all the remedies of a judgment creditor of the assignor or assignors; and if in such case a like action shall be pending in favor of any creditor or creditors, such assignee shall be substituted as plaintiff. If the assignee shall be unsuccessful in such action, the costs adjudged against him shall be paid out of the assigned estate. If he shall be successful, the property so recovered shall be disposed of as other like property belonging to the assigned estate.

572 SEC. 31. [Power of county judge.] The county judge may at any time cite the assignee to make an account, and shall do so whenever the assignee neglects or refuse to account at any time when he is required so to do by this act. The county judge may enforce his orders in the premises by attachment as for contempt, and may punish disobedience thereto by fine and imprisonment, as in other cases of contempt. Upon complaint of any creditor, and upon good cause shown, he may remove any assignee chosen by the creditors and restore the sheriff to the execution of the trust and make all necessary orders in the premises.

573 SEC. 32. [Partnership assignments.] A co-partnership estate may be assigned without including the individual property of the persons composing the co-partnership, or one or more of such persons may include his or their individual estate in such assignment; but in such case separate inventories of the property, and creditors of such estate shall be made and filed as in this act provided; and in such case the failure of the assignment as to one estate shall not affect it as to any other; and in such case the co-partnership estate shall first be applied to the payment of co-partnership debts, and individual estates shall first be applied to the payment of individual debts, and the balance, if any in the latter case shall be applied to the payment of debts of the former description, while the balance, if any in former case belonging to an individual partner shall be applied to the payment of his individual debts.

574 SEC. 33. [Rights of creditor.] The existence of an assignment, nor the fact that any creditor has proven his claim against an assigned estate, shall not affect the right of such creditor to pursue any remedy at law or in equity for the collection of his claim against all or any of the assignors or all or any of their estate or property; nor shall the proving of a claim against either an individual or a co-partnership estate affect the right of a creditor to attack the validity of the assignment.

575 SEC. 34. [Examination of assignor.] The county court may, upon the application of the assignee, or of any creditor compel, by citation or attachment,

SEC. 34. County court has jurisdiction to decide relative to exempt personal property. 17 Neb., 466.

the assignor or assignors to appear in person forthwith or at such time as the court may fix, and answer, under oath, such questions as may be put to them, or either of them, concerning the matter of the assignment; and such assignor or assignors may thereupon be fully examined, upon oath, as to all matters touching their estate or property, its situation and amount, and as to whether any and what disposition has been made of the same or any part thereof, and as to the names of creditors, their residence, and the amount due each; and may compel the completion or correction of any inventory made by the assignor or assignors, and the delivery of any money, choses in action, or property belonging to the assigned estate to the assignee, and may compel obedience to his orders in the premises, by fine or imprisonment as for contempt as in other cases.

576 SEC. 35. [Garnishment of assignor's debtors.] The county court may also when there shall be filed an affidavit by any person interested in the estate, alleging that any person or persons has or have, or that the affiant has good reason to and does verily believe that any person or persons has or have any property, goods, chattels, bills of exchange, promissory notes, credits, or effects of the assignor or assignors, in his or their possession, or under his or their control, or has or have knowledge of any of the property or effects of the assignor or assignors, cite any such person or persons to appear for examination; and such person or persons may be examined, upon oath, in all respects, as to such matters as the assignor or assignors may be required to appear and be examined under the provisions of this act; and the court may make any order with respect to any property or effects, found or disclosed to be in the possession or under the control of such person, which he might or could make with respect to property or effects, in the possession of an assignor, and may enforce obedience to his orders in the premises in like manner.

577 SEC. 36. [Additional inventory.] The assignee shall, from time to time, file in the county court additional inventory and valuation of any property coming into his hands, after the filing of any former inventory, which shall be treated as a part of the original inventory and appraisement.

578 SEC. 37. [Claims not due.] Proof may be made of claims not due, but in such case a reasonable rebate shall be made in case they do not draw interest, or in case they draw interest at a less rate than may be allowed by law.

579 SEC. 38. [Suits by assignee.] The assignee shall have full power, except as in this act otherwise provided, to sue for and recover in his own name as assignee, all and singular, the estate, property and effects, real and personal, and amounts owing upon choses in action, and to execute and give releases, acquittances, and discharges and generally to do all manner of things requisite and convenient for the speedy and effectual collection of the estate which the assignor or assignors might or could have made, given, or done, if such assignment had not been made.

580 SEC. 39. [Jurisdiction of county court.] Full authority and jurisdiction is hereby conferred upon the county courts, and the judges thereof, to execute and carry out the provisions of this act, and said court shall, at all times be, and remain open for the transaction of business under this act.

581 SEC. 40. [Appeal and error not allowed-Exception.] No appeal or proceeding in error shall lie from any order or judgment in any proceeding hereunder except the following, to-wit: First. An order allowing or disallowing, in whole or in part, any contested claim. Second. An order of distribution. Third. An order directing the assignor or assignors, or other persons, to pay money or deliver property to the assignee. Fourth. An order directing the sale of property

SEC. 38.
SEC. 39.

Duty of assignee to intervene when estate interested. 33 Neb., 292.
See note to sec. 15.

at private sale or fixing the compensation of assistants thereat. Fifth. A judgment in any action by or against the assignee. Sixth. An order of final settlement discharging the assignee and his sureties. Seventh. Any order made by the county judge in proceedings had under the provisions of section 26.

582 SEC. 41. [Same-By whom taken.] An appeal under the second, third, fourth, sixth, and seventh subdivisions of the last preceding section may be taken by any person interested in the [e]state, within the same time and upon giving a bond in the same manner as in case of an appeal from a judgment in an ordinary civil action in said court. Such appeal shall be docketed within twenty days after the making of the order appealed from, and shall stand for hearing at the next term of the district court, or at the same term if the court be in session when it is docketed. The county judge shall certify so much of the record as may be necessary to a clear understanding of the matter in controversy. The district court shall dispose of the matter summarily, with or without pleadings, and upon hearing such testimony as may be offered, and shall make such order in the premises as may The clerk shall immediately certify such order to the county court.

be just. 583 SEC. 42. [Assignment by insolvent.] If a person being insolvent, or in contemplation of insolvency, within thirty days before the making of any assignment, makes a sale, assignment, transfer, or other conveyance of any description of any part of his property to a person who then has reasonable cause to believe him to be insolvent, or in contemplation of insolvency, and that such sale, assignment, transfer, or other conveyance is made with a view to prevent the property from coming to his assignee in insolvency, or to prevent the same from being distributed under the laws relating to insolvency, or to defeat the object of or in any way to impair, hinder, impede, or delay the operation and effect of, or to evade any of said provisions, the sale, assignment, transfer, or conveyance shall be void, and the assignee may recover the property or the assets of the insolvent. And if such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, that fact shall be prima facie evidence of such cause of belief.

584 SEC. 43. [Preferring creditors.] If a person being insolvent, or in contemplation of insolvency, within thirty days before the making of the assignment, with a view to give a preference to a creditor or person who has a claim against him, procures any part of his property to be attached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefitted thereby, having reasonable cause to believe such person is insolvent, or in contemplation of insolvency, and that such payment, pledge, assignment, or conveyance is made in fraud of the laws relating to insolvency, the same shall be void, and the assignee may recover the property, or the value of it, from the person so receiving it or so to be benefitted.

585 SEC. 44. [Clerks' and servants' wages.] Nothing in this act contained shall be construed so as to prevent any debtors from paying or securing to be paid any debt not exceeding the sum of one hundred dollars, for clerks' or servants' wages, or from paying or securing any debt which shall been created within nine months prior to the date of such payment, or securing or to effect any mortgage or security made in good faith to secure any debt or liability created simultaneously

SEC. 41. Supreme court has jurisdiction to review proceedings in district court. 17 Neb., 465. SECS. 42-44. Legislative intent, to secure an equal distribution of debtor's property. Mortgage given 30 days before assignment to secure past indebtedness with a view to give preference is void. 30 Neb., 128. Cited 31 Id., 531. Rights of assignor to seize alleged fraudulently transferred property. 36 Id., 434.

SEC. 43. See note at head of chapter. Creditors may be preferred in good faith. 36 Neb., 45. Preference must be fraudulent to be void. 34 Neb., 376. What preferences are void. 37 Id., 647.

with such mortgage or security, provided any such mortgage shall be filed for record in the proper office within thirty days from its date.

586 SEC. 45. [Penalty.] Every person who, in contemplation of making an assignment for the benefit of creditors, shall, First. Secrete or conceal any property belonging to his estate; or, Second. Part with, conceal, destroy, alter, mutilate, or falsify, or cause to be so concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating to his estate or property; or, Third. Remove, or cause to be removed, any such property, or book, deed, writing, or document out of the county, or otherwise dispose of any part thereof with intent to prevent its coming into the possession of the sheriff or assignee, or to hinder, impede, or delay them, or either of them, in removing or receiving the same; or, Fourth. Make any payment, gift, sale, assignment, transfer, or conveyance of any property belonging to his estate with like intent; or, Fifth. Spend any property belonging to his estate, in gaming; or, Sixth. Willfully and fraudulently, with intent to defraud, conceal from his assignee, or omit from his inventory, any property or effects; or, Seventh. Having reason to suspect that any other person has presented a false or fictitious demand against his estate, shall fail to disclose the same to his assignee within one month after coming to his knowledge or belief; or, Eighth. Fraudulently attempt to account for any of his property by fictitious losses or expenses; or, Ninth. Within three months, next before the assignment, for the benefit of creditors, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud such person; or, Tenth. Within three months next before the assignment for the benefit of creditors with the intent to defraud his creditors, pawn, pledge, or dispose of, otherwise than by transactions made in good faith in the ordinary way of his trade, any of his goods, chattels, or property, which have been obtained on credit and remain unpaid for, shall be deemed guilty of a fraudulent evasion of this act, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not more than seven years.

587 SEC. 46. [Acts repealed.] An act approved February 19, 1877, entitled "An act relating to voluntary assignments for the benefit of creditors, and to the assignees therein named, and the settlement of their accounts," and all acts and parts of acts inconsistent with this act are hereby repealed; but this act shall not affect assignments heretofore made, but estates assigned thereby shall be administered and settled as though the above named act were not repealed.

588 SECTION 1. [Admission to practice.] No person shall be admitted to practice as an attorney or counselor at law, or to commence conduct, or defend any action or proceeding in which he is not a party concerned, either by using or subscribing his own name, or the name of any other person, in any court of record in this state, unless he has been previously admitted to the bar by order of the supreme court, or of two judges thereof; but this section shall not apply to persons admitted under pre-existing laws. [R. S., 14. G. S., 94. Amended 1893, chap. 1; 1895, chap. 6, § 1.]

589 SEC. 2. [Same-Examinations by supreme court-Law school.] The supreme court shall fix times when examinations shall take place, which may be either in term or vacation, and shall prescribe and publish rules to govern such examinations, and may appoint a commission composed of not less than three persons learned in the law to assist in or conduct any such examination or examinations. But no person shall be admitted to the bar unless such person shall have regularly and attentively studied law in the office of a practicing attorney for the period of two years, and shall pass a satisfactory examination upon the principles of the common law, or is a regular graduate of the College of Law of the University of Nebraska, and is twenty-one years of age, and it is shown to the court that such person sustains a good moral character. [Id., § 2.]

590 SEC. 3. [From other states.] Any practicing attorney in the courts of record of another state or territory, having professional business in either the supreme or district courts, may, on motion, be admitted to practice in either of the courts, upon taking the oath as aforesaid. [R. S., 14. G. S., 94.]

591 SEC. 4. [Oath.] Every attorney upon being admitted to practice in the supreme or district courts of this state, shall take and subscribe an oath substantially in the following form:

"You do solemnly swear that you will support the constitution of the United States, and the constitution of this state, and that you will faithfully discharge the duties of an attorney and counsellor, according to the best of your ability." [Amended 1871, 107.]

592 SEC. 5. [General duties.] It is the duty of an attorney and counsellor-I. To maintain the respect due to the courts of justice and to judicial officers. II. To counsel or maintain no other actions, proceedings, defenses, than those which appear to him legal and just, except the defense of a person charged with a public offense. III. To employ, for the purpose of maintaining the cause confided to him, such means only as are consistent with truth. IV. To maintain inviolate the confidence, and, at any peril to himself, to preserve the secrets of his clients. V. To abstain from all offensive practices, and to advise no fact prejudicial to the honor or

SECS. 1-14. Chap. III, R. S., 14: except secs. 15-21, which were superseded by act relative to district attorneys. Chap. 5, G. S.. 94. "An act to provide for the allowance and recovery of attorneys' fees in cert in cases.". Passed and taking effect Feb. 18, 1873. G. S., 98, was repealed. Laws, 1879, 78. Repeal of act took away right to recover attorneys' fees. 11 Neb., 96. But did not affect contracts entered into before repeal. Id., 521.

SECS. 1 and 2 further amended by "An act to provide for the admission to practice of attorneys and counselors at law, and to repeal sections 1 and 2 of chapter 7 of the Compiled Statutes of 1893, being sections 277 and 278 of the Consolidated Statutes of 1893." Laws, 1895, chap. 6. Took effect Aug. 1, 1895.

SEC. 2. Jurisdiction of supreme court in revocation of license to practice. 19 Neb., 593, 608.

SEC. 5. General duties in defense of client. 19 Neb., 605. Argument to jury; order of court limiting time, not reviewable on error, no exception being taken. 8 Neb., 159. 14 Neb., 575. Conduct in argument must be excepted to. 16 Neb., 415. 17 Neb., 152. 18 Neb., 79, 163. 20 Neb., 172. Statements made, held, not error in cases stated. 14 Neb., 389, 548. 16 Neb., 624. 17 Neb., 162. 20 Neb., 500. 24 Neb., 38. Argument should be confined to issues. 8 Neb., 160. 9 Neb., 316. 15 Neb., 22. 17 Neb., 283. 24 Neb., 92. Re-argument discretionary. 9 Neb., 316. Opening and closing arguments. 15 Neb., 507. 16 Neb., 24. 17 Neb., 434. 461. 18 Neb. 351. 22 Neb., 655. 25 Neb.,

379.

Attorney may read instructions given by court and comment on them. 25 Neb., 390. Where objection is made to argument and attorney desists, overruling of objection held proper. 25 Neb., 599.