No woman can conduct a case under the authority of another, but she is
not forbidden to transact her own business in court. Nor can a husband
conduct the case of his wife without authority from her; and, indeed,
he should protect himself with such an instrument in writing, that
the wife may not repudiate the whole proceeding; and if she should
repudiate it, the husband shall undergo the penalty to which he is
liable who presumed to conduct a case without the authority of his
wife. And if the husband should lose a case which he prosecuted without
the order of his wife, her rights shall in no way be prejudiced; and
she can afterwards either prosecute the case herself, or can authorize
any one she wishes to do whatever is proper in the matter. And if
the case should justly go against the husband, and the wife should
believe that the adversary who prevailed should again be sued; and,
after the second trial, it should be apparent that her husband was not
unjustly beaten in the first trial, the wife shall render satisfaction
as prescribed by law, not only to the judge who first heard the case,
but also to the other party whom she brought into court for the second
time.
=ANCIENT LAW.=
=VII. The Constituent shall receive the Benefit, and bear the Loss,
resulting from Proceedings Instituted by his Attorney.=
He who authorizes a case to be conducted by another as his attorney,
shall enjoy the profit, or endure the loss resulting from the same,
according to the circumstances; and he who carried on the action in
compliance with his instructions, and exerted himself faithfully in
the performance of his duty, shall not be deprived of his commission
by his constituent; nor shall the latter be permitted to afterwards
transfer the conduct of the case to another; because it is unjust that
he who is known to have labored faithfully in the business which he
has undertaken, should be deprived of his reward. He who is about to
assume the conduct of a case should have an understanding with his
constituent beforehand, and ascertain what amount he is to receive as
a recompense for his services after the cause has been decided. And if
he who conducted the case shall neglect to deliver to his constituent,
within three months, any property which came into his hands under the
decree, he shall lose the compensation for his services which he would
otherwise have received; and shall be compelled by order of court to
deliver to his constituent, whatever he was entitled to under the
decision.
=VIII. If an Attorney should Die, his Heirs shall be entitled to his
Fees.=
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