$989. Directions of not excuse by party sheriff or omission relating thereto, can be shown to discharge Oct. 11, 1862, or excuse the sheriff from a liability for neglect or misconduct, unless it be contained in a writing signed the party to be charged or affected thereby or his him unless attorney. in writing. $990. § 1021. [990.] When a sheriff is legally required to per- Oct. 11, 1862, form a service on behalf of the state, which is not charge- Compensation able to his county or some other person, his account of sheriff therefor must be audited by the secretary of state, and the state. paid out of the state treasury. for service to $951. Sheriff § 1022. [991.] A sheriff is justified in the execution of Oct. 11, 1862, process regular on its face, and appearing to have been issued by competent authority, whatever may be the de- justified by fect in the proceedings in which it was issued. process regular on its face. 992. In executing § 1023. [992.] A sheriff executing process of any Oct. 11, 1862, kind is then, and at all times subsequent, so long as he retains it, bound to show the same, with all papers process, when attached, to any person legally interested therein. pro bound to show it. Id., § 993. Not to act as § 1024. [993.] A sheriff or any sheriff's officer is hibited during his continuance in office from acting or attorney, nor having a partner who acts as an attorney. have a partner who does. a Id., § 994. directed to delivered by § 1025. [994.] A sheriff or his officer upon whom paper in a judicial proceeding, directed to a prisoner in Papers his custody, is served, shall forthwith deliver it to the prisoner to be prisoner, with a note thereon of the time of its service. sheriff. For a neglect to do so, the sheriff is liable to the prisoner for all damages occasioned thereby, and by a willful omission in this respect, the sheriff or his officer upon. whom the paper is served is guilty of a misdemeanor. § 1026. [995.] The sheriff may appoint a keeper of Id., § 995. the county jail, to be denominated the jailer, for whose sheriff may acts as such he is responsible. The appointment shall appoint jailer. be in writing, and the sheriff shall file a certified copy responsible. thereof in the office of the county clerk. Compensation of jailer. — Though this section authorizes the appointment of a jailer, it does not provide for payment by the county for his services, and the county is not To be 18 Or. 357. TITLE VII. OF CORONERS AND CRIERS. § 1027. General powers and duties of. Oct. 11, 1862, $996. Coroner, general powers and duties of. Oct. 11, 1862, $ 997. Coroner to § 1028. To execute process when sheriff a party. Powers and duties of coroners when executing process. § 1029. § 1030. Criers; their appointment and duties. § 1027. [996.] A coroner has power, and it is his duty, 1. When he is informed that a person has been killed or dangerously wounded by another, or has suddenly died, under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by criminal means, or has committed suicide, to inquire, by the intervention of a jury, into the cause of the death or wound, and to perform the other duties incidental thereto, in the manner prescribed by statute; 2. To execute any process in any action, suit, or proceeding, when the sheriff is a party, as prescribed in this title; 3. To exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code or other statute. § 1028. [997.] 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, sheriff a party. shall, except when otherwise expressly provided by this code, be executed by the coroner of the county. execute process, when Oct. 11, 1862, $998. Powers and duties of coroners in executing process. Oct. 11, 1862, $999. § 1029. [998.] A coroner who executes process in any action, suit, or proceeding in the cases provided in this title, 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. § 1030. [999.] Criers are appointed by the court in which they act, as elsewhere provided in this code. It - is the duty of the crier, $999. 1. To attend the sittings of the court for which he is Oct. 11, 1862, appointed; Criers, their and duties. 2. To call parties and witnesses, and all other persons appointment 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. CHAPTER XIV. OF PERSONS SPECIALLY INVESTED WITH MINIS- TITLE I.-OF ATTORNEYS IN GENERAL, AND THEIR AD MISSION. II. OF THE DUTIES OF ATTORNEYS, AND THEIR III. IV. AUTHORITY. OF THE CHANGE OF ATTORNEY, AND HIS LIEN. OF RESIGNATION OF ATTORNEY, AND Effect THEREOF. V. OF THE REMOVAL OR SUSPENSION OF ATTOR- OVER. VI. OF PERSONS SPECIALLY AUTHORIZED TO VII. VIII. OF THE TRIAL AND DISTRICT ATTORNEY FEE. TITLE I. OF ATTORNEYS IN GENERAL, AND THEIR ADMISSION § 1031. Definition of an attorney. § 1032. § 1033. When cause may be prosecuted or defended in person or by attorney. § 1037. Attorneys of other states or countries may appear as counsel. Oct. 11, 1862, Ø 1000. § 1031. [1000.] An attorney is a person authorized to appear for and represent a party, in the written prodefinition of. ceedings 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. Oct. 11, 1862, $ 1001. When cause may be prose cuted in person or by attorney. Oct. 24, 1868, $1. § 1032. [1001.] 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. § 1033. [1002.] An attorney is a public officer, but any person may act in that capacity who has been adpublic officer. mitted as such by the supreme court of this state, or may be hereafter admitted, as provided in this title. Attorney a Oct. 11, 1862, 1003. Application for admission and proof thereon. Attorneys as public officers. Attorneys do not hold "office" in the constitutional sense of the term: Ex parte Yale, 24 Cal. 241. The office of attorney at law is public, so far as it concerns the necessity of a license of some kind for its exercise and the duty imposed upon the attorney of subserving the interests of public justice in the mode pointed out by his oath for admission: Waters v. Whittemore, 22 Barb. 505; Austin's Case, 5 Rawle, 191; Byrne v. Stewart, 3 Desaus. Eq. 466. Nor is the right to practice law "property or a 'contract": Cohen v. Wright, 22 Cal. 293. The attorney 66 does not hold an "office of public trust": Id. Any person may engage in the profession of law; the profession is open to all, and it is simply the right to practice in court which is not permitted except to those qualified: Woods's Case, 1 Hopk. Ch. 6; Cohen v. Wright, 22 Cal. 313; Hobby v. Smith, 1 Cow. 588; Thorn v. Lawson, 6 Tex. 240. In the admission of attorneys courts are said to act judicially. The function is not executive, nor is it ministerial: In re Brackenridge, 1 Serg. & R. 187. § 1034. [1003.] 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; 1003. Application and proof 2. That he is a person of good moral character, which Oct. 11, 1862, may be proved by any evidence satisfactory to the court; 3. That he has the requisite learning and ability, for admission which must be shown by the examination of the cant, by the judges, or under their direction, in court, at the term at which the application is made. appli- thereon. open 12 Or. 93. § 1035. Hereafter women shall be admitted to prac- Nov. 20, 1855,§L tice law as attorneys, in the courts of this state, upon the Women may same terms and conditions as men. An act entitled "An act to permit women to practice law in the courts of the state of Oregon," approved November 20, 1885. Laws passed at the special session of 1885, p. 5. be admitted. § 1004. Oath of office, admission. § 1036. [1004.] If, upon the examination, he be found Oct. 11, 1862, qualified, the court shall administer an oath to the applicant, to support the constitution and laws of the United order of 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. $1005. Attorneys of other countries § 1037. [1005.] Whenever it appears that a person Oct. 11, 1862, 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, as counsel. or proceeding then pending in court, or before a judicial officer of this state, but not otherwise. may appear TITLE II. OF THE DUTIES OF ATTORNEYS, AND THEIR AUTHORITY. § 1038. Their general duties. § 1039. Authority of an attorney. § 1040. Proceedings when party alleges that attorney appears for him with out authority. § 1041. When attorney may be compelled to show authority. |