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aid, or take any part in, the defence thereof; or take or receive, either directly or indirectly, from a defendant therein, or other person, a fee, gratuity, or reward, for or upon any cause, consideration, pretence, understanding, or agreement, either express or implied, having relation thereto, or to the prosecution or defence thereof. Code Civ. Pro., § 79.

26 Violation of last two sections. An attorney or counsellor, who violates either of the last two sections, is guilty of a misdemeanor; and, on conviction thereof, shall be punished accordingly, and must be removed from office by the supreme court. Code Civ. Pro., § 80.

27

May defend himself in person.

This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally. Code Civ. Pro., § 81.

8 N. Y. Supp. 723.

28 Misconduct by attorneys. An attorney or counselor who,

1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party as prohibited by section 70 of the code of civil procedure; or,

2. Willfully delays his client's suit with a view to his own gain; or, willfully receives any money or allowance for or on account of any money which he has not laid out, or become answerable for, as prohibited by section 71 of the code of civil procedure,

Is guilty of a misdemeanor, and in addition to the punishment prescribed therefor by this code, he forfeits to the party injured treble damages, to be recovered in a civil action. Pen. Code, § 148.

5 C. H. Rec. 79; 36 How. Pr. 378; 1 Wh. Cr. C. 330; 5 Hun, 462; s. c. 50 How. Pr. 373; 19 Alb. L. J. 95; 6 Daly, 111; 4 N. Y. Cr. R. 1, 23; 39 Hun, 364, 1; 36 N. Y. St. R. 55; 13 N. Y. Supp. 224.

29 Permitting attorney's name to be used. If an attorney knowingly permits any person, not being his general law partner or a clerk in his office, to sue out any process or to prosecute or defend any action in his name, except as authorized by the next section, such attorney, and every person who shall so use his name, is guilty of a misdemeanor. Pen. Code, § 149.

31 Barb. 350.

30 Same, when lawful. Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the people, or of any public officer, board of officers, or municipal corporation, on behalf of another party, the attorney-general, or district attorney, or attorney of such public officer or board or corporation may permit any proceeding therein, to be taken in his name by an attorney to be chosen by the party in interest. Pen. Code, § 150.

31 Forbidden to defend certain prosecution. An attorney, who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of, which is carried on, aided or promoted by a person as district attorney or other public prosecutor, with whom such attorney is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecutor, afterwards directly or indirectly advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise; or who takes or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor. Pen. Code, § 670.

32 May defend themselves. The last section does not affect §§ 78, 79, 80 and 81 of the code of civil procedure, and does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally. Pen. Code, § 671.

*This subject, §§ 1-27.

ADDRESS OF; see New York, § 101.

ADMISSION OF; see Court of Appeals, § 3.

APPEARANCE BY; see Justices Courts, §§ 26-29, 30; State Writs, § 5; Surrogates' Courts, § 55.

ASSIGNMENT BY COURT; see Arraignment, § 8; Parties, § 15.

ATTENDANCE OF, ON VIEW; see Waste, § 9.

AUTHORITY OF; see Justices' Courts, § 30; Real Property Law, §§ 319-321.

BIAS OF ATTORNEY OR CLIENT; see Trials, § 251.

BUYING DEMANDS FOR SUIT; see Champerty, etc., §§ 4, 8, 9.

CONFIDENTIAL COMMUNICATIONS; see Evidence, §§ 9, 10.

DEATH OR REMOVAL OF; see Appeals, § 10.

EXAMINATION OF; see Judgment, etc., § 16.

EXEMPTION FROM JURY DUTY; see Trials, § 52.

FEES OF; see Condemnation Law, § 15; Corporations, §§ 146, 147; Fees, § 9; Partition, § 48. FOR CO-OPERATIVE SAVINGS AND LOAN ASSOCIATIONS; see Banking Law, § 186.

FOR STATE COMMISSIONER OF EXCISE; see Liquor Tax Law, § 10.

FOR FOREST COMMISSION; see Fisheries, etc., Law, § 271.

FOR INDIANS; see Indian Law, §§ 100.

INDORSEMENT AND SUBSCRIPTION BY; see Actions, §§ 10, 13; Arrest, § 14; Attachment, §7; Courts, § 24; Offers, § 5; Pleadings, §§ 3, 43.

FOR INFANTS, ETC.; see Condemnation Law, § 8; Mistakes, § 1.

JUDGE, WHEN DISQUALIFIED; see Judges, § 1.

LIABILITY FOR COSTS; see Costs, $$ 42, 73.

MAKING UP JUDGMENT-ROLL; see Judgment, etc., § 38.

MISCONDUCT OF; see Arrest, § 2; Courts, §§ 14, 15; Larceny, § 1; Limitations, § 49; Railroad Law, § 184; Surrogates' Courts, § 93.

MOTIONS IN COUNTY OF RESIDENCE; see Motions, etc., §§ 3, 6.

OATH OF; see Public Officers Law, § 10.

OFFICIALS, WHEN TO BE; see Board of Claims, § 1; Brooklyn, § 1; County Law, § 202; New York, 119.

PAPERS FOR GENERAL TERM; see Supreme Court Reporter, § 4.

PAYMENT BY, INTO COURT; see Foreclosure, etc., § 15.

FOR POOR PERSON; see Parties, §§ 15, 22.

PRIVILEGE FROM ARREST; see Arrest, § 18.

SATISFACTION PIECE BY; see Judgment, etc., § 60.

SERVICE UPON; see Appeals, §§ 10, 11; Banking Law, § 32; Condemnation Law, §§ 5, 7, 9, 12, 17; Drainage, SS 46, 48, 51; Insurance Law, §§ 13, 14, 26, 27–32, 34, 41, 44, 49, 50, 54, 327; Justices' Courts, § 69; Pleadings, §§ 3, 7, 43; Real Property Law, § 316; Service of Papers.

STIPULATIONS BY; see Courts, § 49; Motions, etc., § 5.

FOR TRUSTEES OF VILLAGE; see Villages, $45, subd. 5.

VERIFICATION BY; see Insurance Law, § 27; Justices' Courts, § 226; Pleadings, §§ 48, 54. WHO MAY NOT PRACTICE; see Constitution, § 91; Judges, §§ 4-6; Justices' Courts, § 29; Surrogates' Courts, §§ 24, 56.

See also Agents; Attorney-General; Counsel; District Attorney.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1787, c. 35; L. 1801, Revised Acts, c. 32 (1 K. & R. 219); 1 R. L., 1818, c. 48, p. 417; and see 1 R. S. 108, 109, 120; 2 R. S. 275, 276, 287, 288. ATTORNEY IN FACT.

See Agents; Corporations, §§ 21, 38; Power of Attorney.

ATTORNEY-GENERAL.

For the former provisions relating to this subject, see Birdseye's R. S., 1st ed., pp. 156158; for present provisions, see Executive Law, §§ 43, 50–56.

ACTIONS, ETC., BROUGHT OR DEFENDED BY:

IN GENERAL; see Actions, §§ 70, 74, 76, 77.

APPLICATION FOR STATE WRIT; see Habeas Corpus, §§ 7, 9, 54; State Writs, §§ 3, 5, 12.

ON BOND OR UNDERTAKING; see Actions, & 33; Contempt, § 26.

UNDER CANAL LAWS; see State Funds, § 16.

ON CONDEMNATION PROCEEDINGS; see Condemnation Law, § 2.

AGAINST CORPORATION FOR TAXES; see Tax Law, §§ 195, 199, 200, 263.

AGAINST COUNTY TREASURER; see Tax Law, § 92.

CRIMINAL PROSECUTION; see Commitment, $ 16, 18; Dismissal, § 6.

FOR ESCHEATED PROPERTY; see Treason, §§ 5-10.

INJUNCTIONS AGAINST CERTAIN CORPORATIONS; see Monopolies, § 3.

AGAINST OFFICERS OF CORPORATIONS; see Corporations, SS 65, 91, 93, 94.

PARTITION; see Fisheries, etc., Law, § 273; Partition, § 63; Public Lands Law, § 6. FOR PENALTIES; see Banking Law, §§ 42, 65; Fines and Penalties, § 19; Limitations, $ 26.

PROCEEDINGS AGAINST CERTAIN CORPORATIONS; see Banking Law, §§ 7, 14, 17, 18, 24, 33, 119, 127, 129, 218; Corporations, 80, 81, 86, 91, 93, 142; Horses, § 14; Insurance Law, $ 43, 76, 207, 208, 237, 239e, 252, 253; Railroad Law, §§ 50b, 50e, 501, 95, 160, 161: Religious Corporations Law, § 13; Tax Law, § 28; Wages, § 3.

ACTIONS, ETC. — (Continued)

PROCEEDINGS TO COMPEL ACCOUNTING BY PUBLIC ADMINISTRATOR; see Executors, etc.,
$ 32.
AGAINST PUBLIC OFFICERS; see Constitution, § 146; Public Officers Law, § 24.
AGAINST PURCHASERS OF STATE LANDS; see Executive Law, § 55.

AGAINST RECEIVERS OF PUBLIC MONEYS; see Comptroller, §§ 23-25, 27, 28; Preferred and Deferred Causes, § 1.

REFERENCE IN ACTIONS BY; see Trials, § 34.
AGAINST SHERIFF; see Contempt, § 27.

ON UNDERTAKING; see Contempt, § 26.

AGAINST USURPER OF OFFICE OR FRANCHISE; see Actions, §§ 50-58.
TO VACATE LETTERS-PATENT; see Actions, §§ 59-62.

APPLICATION FOR RESENTENCE; see Death Penalty, § 13.

APPROVAL OF BONDS, ETC.; see Banking Law, § 226; Fines, etc., § 19.

OF CHARTER OF CORPORATION; see Insurance Law, §§ 9-11, 157, 158, 200, 206, 230, 231.
OF MORTGAGE; see Emigrants, § 36.

OF PAYMENT OF MONEYS; see Costs, § 36; Emigrants, § 82; Prisons, § 154.
OF SALE OF LAND SCRIP; see University Law, § 58.

ASSESSMENT OF TAX ON CORPORATION; see Tax Law, § 200.
ATTENDANCE ON LEGISLATURE; see Executive Law, $ 70.
COMMISSIONER OF CANAL FUND; see Constitution, § 67.

OF LAND OFFICE; see Constitution, § 67.

OF NORMAL SCHOOLS; see Normal Schools, § 14.

COMPENSATION AND EXPENSES OF; see Board of Claims, § 4; Constitution, § 63.
COMPROMISING JUDGMENTS; see Agricultural Law, § 290; Comptroller, $40.
CONSENT TO REINSURANCE BY RECEIVER; see Insurance Law, § 23.

COUNSEL TO ASSIST; see Executive Law, § 55; State Law, § 11.

DISQUALIFIED AS JUROR; see Trials, § 51.

DUTIES IN CONNECTION WITH APPOINTMENT AND REMOVAL OF RECEIVERS; see Corporations, SS 140, 149, 153, 154; Receivers.

BOARD OF CLAIMS; see Board of Claims, §§ 6, 11, 25, 34.

CHARGES AGAINST OFFICIALS; see Public Officers Law, §§ 22, 24.

FORECLOSURE OF STATE MORTGAGE; see Mortgages, §§ 13-38.

MOTION TO DESIGNATE SUBSTITUTE FOR SURROGATE; see Surrogates' Courts, § 17.

PROPERTY CONDEMNED FOR STATE USE; see Assessment of Damages, §§ 3, 10.
STATE BOARD OF AUDIT; see State Funds, §§ 195, 196.

VISITATION OF PRISONS; See Prisons, § 142.

WINDING UP CORPORATIONS; see Corporations, §§ 155-164.

ELECTION OF; see Constitution, § 63.

LAW PARTNER OF; see Attorneys, etc., § 24.

LAW PRACTICE BY, WHEN FORBIDDEN; see Attorneys, etc., § 25.

MANAGER OF SOLDIERS' HOME; see Public Buildings Law, § 40.

MEMBER OF BOARD OF STATE CANVASSERS; see Election Law, § 138.

MEMBER OF STATE BOARD OF HEALTH; See Public Health Law, § 2.

NOTICES, ETC., To; see Actions, § 69; Banking Law, § 134; Corporations, §§ 7, 101, 141, 143, 145, 148, 150, 151, 153, 154; Executors, etc., §§ 27, 32, 110; Insolvency, SS 17, 59; Poor Law, $119; Public Health Law, § 2; Real Property Law, § 5; State Charities Law, 15; Wills, 39.

OATH BEFORE; see Evidence, § 17; Public Officers Law, § 10.

OATH OF; see Public Officers Law, § 10.

OFFICIAL BOOKS AND PAPERS FURNISHED TO; see Board of Claims, § 2; Canal Law, § 15; Criminal Statistics, §7; Fees, § 11; Legislative Law, $$ 46, 47; Miscellaneous Reporter, 5; State Reporter, § 5; Stenographers, § 5.

OPINIONS OF; see Death Penalty, § 4.

PRINTING FOR; see Legislative Law, § 72.

REMOVAL OR SUSPENSION OF; see Public Officers Law, § 22.

REPORT OF; see Executive, etc., Law, $ 70.

REPORTS TO; see Corporations, §§ 138, 139, 146.

RESIGNATION OF; see Public Officers Law, § 21.

SEAL OF; see Public Officers Law, § 40.

SUITS IN NAME OF; see Attorneys, etc., § 30.

TERM OF OFFICE; see Constitution, § 63.

VACANCY IN OFFICE OF; see Public Officers Law, SS 22, 27-31.

UNITED STATES ATTORNEY-GENERAL TO APPROVE CERTAIN TITLES; see State Law, § 37c.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under 1 R. L., 1813, c. 47, p. 156; id. c. 66, § 7, p. 337 and 2 id. c. 45, § 7, p. 193; also see 1 R. S. 179.

ATTORNMENT.

See Real Property Law, §§ 194, 213.

AUBURN, CITY OF.

For charter and acts relating thereto see Birdseye's Chronological Table of Statutes and Birdseye's Supplement, under L. 1879, c. 53.

AUBURN PRISON.

See Prisons; Public Health Law, § 207a.

AUBURN, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 58.

AUCTIONS AND AUCTIONEERS.

Note. For former provisions on this subject see Birdseye's Revised Statutes, 1st ed., p. 159 et seq. and 136 N. Y. 363. For present provisions, see Domestic Commerce Law, $$ 50

54e.

OF BUILDING BY BOARD OF HEALTH; see Public Health Law, § 27.

OF CONDEMNED VESSEL; see Port Wardens, § 5.

OF EFFECTS OF DISSOLVED CORPORATION; see Corporations, § 160.
EXECUTION SALE BY; see Executions, §§ 23-26.

ON FORECLOSURE; see Foreclosuro, etc., § 7.

OF GRAVESTONE; see Cemeteries, § 17.

OF LAND FOR DRAINAGE ASSESSMENT; see Drainage, § 13.

OF LEASES FOR OYSTER CULTIVATION; see Fisheries, etc., Law, § 197.
LICENSING; see Villages, § 45, subd. 22.

OF LOTS IN CEMETERY: see Membership Corporations Law, § 53.
MEMORANDUM OF SALE; see Fraudulent Conveyances, § 4.

BY PAWNBROKERS; see Pawnbrokers, §§ 8-10.

OF PAUPER'S MAINTENANCE; see Poor Law, § 139.

OF PROPERTY OF ABSCONDING PERSON; see Poor Law, § 168.

OF PROPERTY OF DISSOLVED SCHOOL DISTRICT; see Consolidated School Law, § 81.
OF PROPERTY DISTRAINED; see Distress.

OF PROPERTY OF DECEDENT; see Executors, etc., §§ 82, 82a.

OF PROPERTY FOR UNPAID TAXES; see Tax Law, SS 11, 71, 120, 151; Villages, § 128.

BY PUBLIC ADMINISTRATOR; see Executors, etc., § 29.

OF PUBLIC LANDS; see Public Lands Law, § 33.

OF REAL PROPERTY DIRECTED BY JUDGMENT; see Partition, § 15; Real Property Law, $ 361.

OF REAL PROPERTY BY EXECUTOR; see Executors, etc., §§ 135, 136.

OF SECURITIES BY SUPERINTENDENT OF BANKING DEPARTMENT; see Banking Law, § 72. STATUTES TRANSMITTED TO AUCTIONEERS; see Comptroller, § 10.

OF STOCK FOR NON-PAYMENT OF ASSESSMENT; see Banking Law, § 17.

OF STRAYS; see Justices' Court, § 227; Town Law, $$ 126-133.

BY TRUSTEES OF INSOLVENT DEBTORS; see Trusts, etc., § 48.

OF UNCLAIMED PROPERTY; see Freight and Baggage, §§ 3, 6-10; Inns, etc., §§ 3-5; New
York Harbor, § 8; Railroad Law, § 46; Town Law, §§ 135, 147; Warehousing, § 1.
UNLAWFULLY FREQUENTING AUCTION Room; see Courts of Special Sessions, § 1.
See also Sales.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1784, c. 4; L. 1801,
Revised Acts, c. 116 (1 K. & R. 408); 2 R. L., 1813, c. 70, p. 181.

AUDIT AND AUDITORS.

See Accounts, etc.; Banking Law, § 186; Board of Claims; Canal Law, §§ 27, 36; Comptroller, SS 53, 56, 57; Liquor Tax Law, $$ 6, 8; Poor Law, § 25; Shipping, §§ 3, 9; State Funds, 57-76, 195-197; Tax Law, SS 87, 120, 130; Town Law, §§ 160-176.

AUGUSTA, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 48.

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For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 58.

AURORA, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 64.

AUSABLE, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 45.

AUTHENTICATION.

OF STATUTES, DOCUMENTS, ETC.; see Acknowledgment; Certificates; Depositions, § 32; Evidence, SS 54-84, 87; Executive Law, 26; Executors, etc., § 68; Legislative Law, $$ 42, 64; Real Property Law; Recording Deeds; Records, Public; State Law, §§ 40, 44; Statutes.

176 AUTOMATIC BALLOT CABINETS-BALLSTON, TOWN OF.

AUTOMATIC BALLOT CABINETS.

See Election Law, §§ 204-224; Town Law, § 42.

AVA, TOWN of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 48.

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For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 56.

AVOIRDUPOIS WEIGHT.

See Domestic Commerce Law, §§ 2, 4.

AVON, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 61.

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For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 31.

BADGES.

OF EMIGRANT RUNNERS; see Emigrants, § 75.

OF GRAND ARMY; see Grand Army, etc., § 1.

OF LOYAL LEGION; see Loyal Legion, etc.

OF POLICE; see Railroad Law, § 58.

OF RAILROAD CONDUCTORS; see Railroad Law, § 43.

OF RUNNERS FOR SAILORS' BOARDING HOUSE; see Seamen, §§ 15-17.

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See Agents; Banking Law, §§ 210-214; Brokerage; Contracts; Deposit; Express Companies; Factors; Freight and Baggage; Hotel Companies; Inns, etc.; Larceny; Livery-stable Keepers: Loans; Pawnbrokers; Pledge; Railroads; Trust Companies; Warehousing.

BAILEE, CONVERSION BY; see Factors, §§ 6, 7; Fraud, § 5; Larceny, §§ 1, 25, 26; Arrest § 2.

INJUNCTION AGAINST; see Injunction, § 23.

OF JUDGMENT DEBTOR; see Supplementary Proceedings.

BAINBRIDGE, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 53.

See Animals, §§ 45, 46.

BAITING.

BALDWIN, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 68.

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For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 41.

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