included in the action, and not affected by the judgment appealed from. And the court below may, in its discretion, dispense with or limit the security required by said sections, when the appellant is an executor, administrator, trustee, or other person acting in another's right.

12 M. 122, 213; 13 M. 407; 14 M. 554; 17 M. 113.

§ 16. Bond to vacate stay on money judgment on contract. In an action arising on contract, for the recovery of money only, notwithstanding an appeal and security given for a stay of proceedings therein, if the respondent gives adequate security to make restitution in case the judgment is reversed or modified, he may, upon leave obtained in the manner hereinafter provided, from the court below, proceed to enforce the judgment. Such security shall be a bond executed by the respondent, or some one in his behalf, to the appellant, with at least two sufficient sureties, to the effect that if the judgment is reversed or modified, the respondent will make such restitution as the appellate court directs. Such leave shall only be granted upon motion and notice to the adverse party, and in case when it satisfactorily appears to the court that the appeal has been taken for the purpose of delay.

§ 17. Bonds may be in one instrument-how served. The bonds prescribed by sections nine, eleven, twelve and fourteen may be in one instrument, or several, at the option of the appellant; and a copy, including the names and residence of the sureties, shall be served on the adverse party, with the notice of appeal, unless a deposit is made as provided in section nine, and notice thereof given.

$18. Justification of sureties. A bond upon an appeal is of no effect, unless it is accompanied by the affidavit of the sureties, that they are each worth double the amount specified therein; the adverse party may, however, except to the sufficiency of the sureties, within ten days after notice of the appeal; and unless they or other sureties justify before a judge of the court below, as prescribed by law in other cases, within ten days thereafter, the appeal shall be regarded as if no such bond had been given; the justification shall be upon a notice of not less than five days.

§ 19. Stay in other cases-sale of perishable property. In the cases not specified in sections eleven, twelve, thirteen and fourteen, the perfecting of an appeal, by giving the bond mentioned in section nine, stays proceedings in the court below, upon the judgment appealed from, except that when it directs the sale of perishable property, the court below may order the property to be sold, and the proceeds thereof to be deposited or invested, to abide the judgment of the appellate court.

§ 20. Dismissal not to preclude another appeal. No discontinuance or dismissal of an appeal in the supreme court shall preclude the party from taking another appeal in the same cause, within the time limited by law.

*§ 21. Death of respondent-appellant to cause substitution to be made. In all cases where an appeal has been taken to the supreme court, and before such appeal has been perfected, or argued and submitted, the respondent to such appeal dies, it shall be and is the duty of the appellant to apply to the supreme court, if in session, to any judge thereof when not in session, to have the legal rep resentative or successor in interest of such deceased respondent substituted as the party respondent in such appeal. In case such appellant fails or neglects to cause such substitution to be made within sixty days from the death of such respondent, or in case any such appeal has heretofore been taken and remains unperfected, and no substitution made, as herein provided, within. sixty days from the passage of this act, upon the filing of an affidavit, by the legal representative or successor in interest of such deceased respondent, with the clerk of the supreme court, showing that such appeal has been taken, and the death of the respondent therein, and that the appellant has failed to make, or cause to be made, such substitution. such appeal shall be deemed abandoned, and it shall be the duty of the clerk of the supreme court to en

ter an order dismissing said appeal; and upon the filing of a certified copy of such order in the office of clerk of the court from which such appeal was taken, will be restored to and have full jurisdiction over the action in which such appeal was taken, in the same manner, and to all intents and purposes, and shall proceed thereon, as if no appeal had been taken. (1876, c. 47, § 1.). *§ 22. Death of party after submission of case to appellate court. In all cases where an appeal has been taken to the supreme court, and, after the case has been submitted to the supreme court, but before the entry of judgment thereon in such court, either party to such appeal dies, and the surviving parties to such action, or the legal representative or successor in interest of said deceased party or either of them, shows by affidavit filed therein that such death has occurred, it shall be the duty of the clerk of the supreme court to substitute the name of the person so shown to be the legal representative or successor in interest of such deceased party; and the action shall thereupon proceed, and all subsequent proceedings had, and judgment be entered therein, for or against such legal representative or successor in interest, or such jointly or alone, as the case may be. (Id. § 2.)

§ 1. What acts and omissions are contempts. The following acts or omissions, in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:

First. Disorderly, contemptuous or insolent behavior toward the judge, while holding the court, tending to interrupt the due course of a trial, or other judicial proceeding;

Second. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial, or other judicial proceeding;

Third. Misbehavior in office, or other wilful neglect or violation of duty, by an attorney, counsel, clerk, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;

Fourth. Deceit or abuse of the process or proceedings of the court, by a party to an action or special proceeding;

Fifth. Disobedience of any lawful judgment, order or process of the court; Sixth. Assuming to be an officer, attorney, counsel of a court, and acting as such without authority;

Seventh. Rescuing any person or property, in the custody of an officer by virtue of an order or process of such court;

Eighth. Unlawfully detaining a witness or party to an action, while going to, remaining at, or returning from the court where the action is on the calendar for trial;

Ninth. Any other unlawful interference with the process or proceedings of a court;

Tenth. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;

Eleventh. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court;

Twelfth. Disobedience, by an inferior tribunal, magistrate or officer, of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer.

$2. Power to punish contempts-how exercised. Every court of justice, and every judicial officer, has power to punish contempts, by fines or imprisonment, or both; but when the contempt is one of those mentioned in the first or second subdivisions of the last section, it must appear that the right or remedy of a party to an action or special proceeding was defeated or prejudiced thereby, before the contempt can be punished by imprisonment, or by a fine exceeding fifty dollars.

§3. Contempts summarily punished, when. When a contempt is committed in the immediate presence of the court or officer, it may be punished summarily, for which an order shall be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein described; such punishment, however, cannot exceed that prescribed by section twelve. Where the contempt is not committed in the immediate view and presence of the court, an affidavit or other evidence shall be presented to the court or officer of the facts constituting the contempt.

§ 4. Person charged may be arrested, when. In cases other than those mentioned in the last section, the court or officer may either issue a warrant of arrest, to bring the person charged to answer, or, without a previous arrest, may, upon notice, or upon an order to show cause, which may be served by a sheriff or other officer in the same manner as a summons in an action, grant a warrant of commitment, impose a fine, or both, not exceeding the punishment prescribed by section twelve, and make such order thereupon as the case may require.

§ 5. Person in prison may be brought up on order. If the party charged is in the custody of an officer by virtue of a legal order or process, civil or criminal, except upon a sentence for felony, an order may be made for the production of such person by the officer having him in custody, that he may answer; and he shall thereupon be produced and held until an order is made for his disposal.

§ 6. Person arrested may be let to bail, when. Whenever a warrant of arrest is issued pursuant to this chapter, the court or officer shall direct whether the person charged may be let to bail for his appearance upon the warrant, or detained in custody without bail; and if he may be bailed, the amount in which he may be let to bail. The directions given in this respect shall be specified in the warrant.

§ 7. Warrant of arrest, how executed. Upon executing the warrant of arrest, the sheriff shall keep the person in actual custody, bring him before the court or offi

cer, and detain him until an order is made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

§ 8. Bail, how given. When the warrant contains the direction to let the person arrested to bail, he shall be discharged from the arrest, upon executing and delivering to the officer, at any time before the return-day of the warrant, a recognizance, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant, and abide the order of the court or officer thereupon, or pay, as may be directed, the sum specified in the warrant. § 9. Return of warrant-penalty for failure. The officer shall return the warrant of arrest, and the recognizance, if any, received by him from the person arrested, by the return-day specified therein. If he fails to make the return, a warrant of arrest, not bailable, may be issued against him, specifying therein the cause of issuing it.

§ 10. Warrant under last section, how executed. The officer to whom the warrant mentioned in the last section is delivered, shall execute it by arresting the person proceeded against, bringing him personally before the court or officer, and detaining him in custody until otherwise ordered.

§ 11. Proceedings on hearing. When the person arrested has been brought up, or appeared, the court or officer shall proceed to investigate the charge, by examining him and the witnesses for and against him, for which an adjournment may be had from time to time, if necessary.

§ 12. Punishment of person found guilty. Upon the evidence so taken, the court or officer shall determine whether the person proceeded against is guilty of the contempt charged; and if it is adjudged that he is guilty of the contempt, a fine shall be imposed upon him, not exceeding two hundred and fifty dollars, or he be imprisoned not exceeding six months, or both. But in the discretion of the court or officer, (in case of inability to pay the fine, or endure the imprisonment,) he may be relieved in such manner, and upon such terms, as may be just. 23 M. 411.

§ 13. Indemnity to injured party ordered, when. If an actual loss or injury to a party in an action or special proceeding, prejudicial to his right therein, is caused by the contempt, the court or officer, in addition to the fine or imprisonment imposed for the contempt, may order the person proceeded against to pay the party aggrieved a sum of money sufficient to indemnify him, and to satisfy his costs and expenses; which order, and the acceptance of money under it, is a bar to an action by the aggrieved party for such loss and injury.

§ 14. Person imprisoned until he performs act, when. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he performs it; and, in that case, the act shall be specified in the warrant of commitment.

§ 15. Proceedings by indictment-punishment. Persons proceeded against, according to the provisions of this chapter, are also liable to indictment for the same misconduct, if it is an indictable offence; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

§ 16. Issue of second warrant—action on recognizance—damages. When the warrant of arrest has been returned served, if the person arrested does not appear on the return-day, the court or officer may issue another warrant of arrest, or may order the recognizance to be prosecuted, or both. If the recognizance is prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceedings.

§ 17. Officer excused from producing party, when. Whenever, by the provisions of this chapter, an officer is required to keep a person arrested in actual custody, and to bring him before a court or officer, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up.

SECTION.

CHAPTER LXXXVIII.

ATTORNEYS AND COUNSELLORS.

SECTION.

1-4. Admission to practice-application-exam- 17-18. Refusal to pay over money, etc.-proceedination-order for admission.

ings when lien is claimed.

19-22. Removal or suspension-proceedings-how instituted-accusation, to be in writing and

verified.

§ 1. Who may practise as attorneys. Any person, of the age of twenty-one or upwards, of good moral character, and who possesses the requisite qualifications of learning and ability, is entitled to admission to practice in all the courts of this state. (As amended 1877, c. 123, § 1.)

§ 2. Application for admission, how made. For the purpose of admission he shall apply to the supreme court or any district court when in session, and shall show, first, that he is of the age of twenty-one years, which proof may be made by his own affidavit; and, second, that he is a person of good moral character, which may be proved by certificate or other evidence satisfactory to the court.

§3. Applicant shall be examined. The applicant shall also be examined, in open court, as to his qualifications of learning and ability, by the judges, or under their direction, at the term at which application for admission is made.

§ 4. Order of admission. If, upon the examination, he is found duly qualified, the court shall direct an order to be entered, to the effect that the applicant is a citizen of the United States, of the age of twenty-one years, of good moral character, and possesses the requisite qualifications of learning and ability to practise as an attorney and counsellor in all the courts of this state; and upon entry of the order, he is entitled to practise as such attorney and counsellor. $5. General duties of attorneys. It is the duty of any attorney and counsellor: First. To support the constitution and laws of the United States and of this state;

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

Third. To counsel or maintain such actions, proceedings or defences, only, as appear to him legal and just, except the defence of a person charged with a public offence;

Fourth. To employ, for the purpose of maintaining the cause confided to him, such means only as are consistent with truth, and never to seek to mislead the judges by any artifice or false statement of fact or law;

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

Sixth. 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.