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ating in that court. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex-officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. An ex-officio judge shall not, directly or indirectly, be interested in the costs, or the compensation of an attorney or counsellor, in the court of which he is ex-officio a judge.

$ 50. [am'd 1877.] The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. A judge shall not act as attorney or counsellor in any action or special proceeding, which has been before him in his official character.

§ 51. A judge or other judicial officer, shall not demand or receive a fee or other compensation for giving his advice in a matter or thing pending before him, or which he has reason to believe will be brought before him for decision; or for preparing a paper or other proceeding, relating to such a matter or thing; except a justice of the peace, in a case where a fee is expressly allowed to him by law.

§ 52. In case of the death, sickness, resignation removal from office, absence from the county, or other disability of an officer, before whom a special proceeding has been instituted, where no express provision is made by law for the continuance thereof, it may be continued before the officer's successor, or any other officer residing in the same county, before whom it might have been originally instituted; or, if there is no such officer in the same county, before an officer in an adjoining county, who would originally have had jurisdiction of the subject-matter, if it had occurred or existed in the latter county.

53. At the time and place specified in a notice or order, for a party to appear, or for any other proceeding to be taken, or at the time and place specified in the notice to be given, as prescribed in this section, the officer substituted as prescribed in the last section, or in any other provision of law, to continue a special proceeding instituted before another, may act, with respect to the special proceeding, as if it had been originally instituted before him, But a proceeding shall not be taken before a substituted officer, at a time or place, other than that specified in the original notice or order, ur til notice of the substitution, and of the time and place appointed for the proceeding to be taken, has been given, either by personal service or by publication, in such manner and for such time as the substituted officer directs, to each party who may be effected [affected] thereby, and who has not appeared before either officer. Where, after a hearing has been commenced, it is adjourned to the next judicial day, each day to which it is so adjourned, is regarded, for the purposes of this section, as the day specified in the original notice or order, or in the notice to appear before the substituted officer, as the case requires.

54. A judge of a court of record must, within ten days after he enters on the duties of his office, make and sign a certificate, stating his age, and the time when his official term will expire, either by completion of a full term, or by reason of the disability of age, prescribed in the constitution. The certificate must be filed in the office of the Secretary of State, who must keep a record of the time of the commencement and termination of the official term, of each judge of a court of record.

ARTICLE SECOND.

ATTORNEYS AND COUNSELLORS AT LAW.

55. Party may appear in person or by attorney.

56. Examination and admission of attorneys.

57. Rules, how changed.

58. Exemptions to graduates of certain law schools.

59. Attorney's oath of office, and certificate of admission.

60. Attorneys residing in adjoining States.

61. Clerks, etc., not to practice. 62. Id.; as to sheriff, etc.

63. None but attorneys to practice in New York and Kings counties. 64. Penalty for violation, or suffering violation of last section.

65. Death or disability of attorney; proceedings thereupon.

65. Attorney or counsel's compensation.

§ 67. Removal or suspension for malpractice, etc.

68. Must be on notice.

69.

Removal or suspension, how to
operate.

70. Punishment for deceit, etc.
71. Id.; for wilful delay of action.
72. Attorney not to lend his name.
73. Attorney not to buy claim.
74. Certain loans prohibited.
75. Penalty.

76. Limitation of preceding sections.
77. Same rule when party prosecutes
in person.

78. Partner of district attorney, etc., not to defend prosecutions.

79. Attorney not to defend when he has been public prosecutor.

80. Penalty.

81. Limitation of provisions.

§ 55. A party to a civil action, who is of full age, may prosecute or defend the same in person or by attorney, at his election, unless he has been judicially declared to be incompetent to manage his affairs. Each provision of this act, relating to the conduct of an action, wherein the attorney for the party is mentioned, includes a party prosecuting or defending in person, unless otherwise specially prescribed therein, or unless that construction is manifestly repugnant to the context. If a party has an attor ney in the action, he cannot appear to act in person, where an attorney may appear or act, either by special provision of law, or by the course and practice of the court.

$56. Lam'd 1886.] A citizen of the State, of full age, hereafter applying to be admitted to practice as an attorney or counselor in the courts of record of the State, must be examined at a general term of the supreme court by the justices holding the term, or a committee appointed by them. If it is found that such person has complied with the rules established by the Court of Appeals for that purpose, and such person is approved by the justices holding the term, for good character and learning, the court inust direct an order to be entered, stating those facts, and admitting such person to practice as an attorney and counselor in all the courts of record of the State. Whereupon, after qualifying as prescribed in section fifty-nine of this act, such person is entitled to practice accordingly; subject, nevertheless, to suspension or removal from office, as prescribed by law. The race or sex of such person shall constitute no cause for refusing such person admission to practice in the courts of record in this State as an attorney and counselor.

$57. The rules established by the court of appeals, touching the admission of attorneys and counselors to practice in the courts of record of the State, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment of those rules must, within five days after it is adopted, be filed in the office of the Secretary of State; who must transmit a printed copy thereof to the clerk of each county, and to the presiding justice of the supreme court, in each judicial department, and also cause the same to be published, in the next ensuing volume of the session laws. § 58. Lam'd 1877.] Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with

ATTORNEYS, &c.

$$ 59-66

the whole or any part of the stated period of clerkship, required from an applicant, or with an examination, where the applicant is a graduate of the Albany law school, the law department of Union University, or of the law department of the university of the city of New York, or of the law school of Columbia College, or of the law department of Hamilton College, and produces his diploma upon his application for admission.

§ 59. Each person, admitted as prescribed in the last three sections, must, upon his admission, take the Constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the supreme court for that purpose. by law, must deliver to the person admitted, a certificate under his hand The clerk, upon the payment of the fees allowed and official seal, stating that such person has been so admitted, and that he has taken and subscribed the Constitutional oath of office, as prescribed in

this section.

§ 60. A person, regularly admitted to practice as attorney and counsellor, in the courts of record of the State, whose office for the transaction of law business is within the State, may practice as such attorney or counsellor, although he resides in an adjoining State. But service of a paper, which might be made upon him at his residence, if he was a resident of the State, may be made upon him, by depositing the paper in a post-office in the city or town where his office is located, properly inclosed in a post-paid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him.

§ 61. The clerk, deputy-clerk, or special deputy-clerk of a court shall not, during his continuance in office, practice as attorney or counsellor in

that court.

§ 62. A sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, constable, coroner, crier, or attendant of a court, shall not, during his continuance in office, practice as an attorney or counsellor in any court.

§ 63. [am'd 1879] indirectly, compensation for appearing as attorney in a court in the city and A person shall not ask or receive, directly or county of New York, or in the county of Kings, or make it a business to practice as an attorney in a court in either of those counties, unless he has been regularly admitted to practice, as an attorney or counsellor in the courts of record of the State.

A

§ 64. A person who violates the last section is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail, not exceeding one month, or by a fine of not less than one hundred dollars, or more than two hundred and fifty dollars, or by both such fine and imprisonment. Judge or justice of the peace, within the city and county of New York, or the county of Kings, who knowingly permits to practice in his court, a person who has not been regularly admitted to practice in the courts of record of the State, is guilty of a misdemeanor, and shall be punished as prescribed in this section. case, where a person appears in a cause to which he is a party. But this and the last section do not apply to a

§ 65. If an attorney dies, is removed or suspended, or otherwise becomes disabled to act, at any time before judgment in an action, no further proceeding shall be taken in the action, against the party for whom he appeared, until thirty days after notice to appoint another attorney, has been given to that party, either personally, or in such other manner as the court directs.

§ 66. [am'd 1879] The compensation of an attorney or counsellor for

his services, is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decison or judgment in his client's favor and the proceeds thereof in whosoever hands they may come; and cannot be affected by any settlement between the parties before or after judgment.

67. An attorney or counsellor, who is guilty of any deceit, mal-practice, crime, or misdemeanor, may be suspended from practice, or removed from office, by the supreme court, at a general term thereof.

68. Before an attorney or counsellor is suspended or removed, as prescribed in the last section, a copy of the charges against him must be delivered to him, and he must be allowed an opportunity of being heard in his defence.

69. The suspension or removal of an attorney or counsellor, by the supreme court, operates as a suspension or removal in every court of the State.

§ 70. An attorney or counsellor, who is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or a party, forfeits, to the party injured by his deceit or collusion, treble damages. He is also guilty of a misdemeanor.

§ 71. An attorney or counsellor, who wilfully delays his client's cause, with a view to his own gain, or wilfully receives money, or an allowance for or on account of money, which he has not laid out or become answerable for, forfeits to the party injured, treble damages.

§72. If an attorney knowingly permits a person, not being his general law partner, or a clerk in his office, to sue out a mandate, or to prosecute or defend an action in his name, he, and the person who so uses his name, each forfeits to the party, against whom the mandate has been sued out, or the action prosecuted or defended, the sum of fifty dollars, to be recovered in an action.

§ 73. An attorney or counsellor shall not, directly or indirectly, buy, or be in any manner interested in buying, a bond, promissory note, bill of exchange, book-debt, or other thing in action, with the intent and for the purpose of bringing an action thereon.

$74. [am'd 1879.] An attorney or counsellor shall not, by himself, or by or in the name of another person, either before or after action brought, promise or give, or procure to be promised or given, a valuable consideration to any person, as an inducement to placing, or in consideration of having placed, in his hands, or in the hands of another person, a demand of any kind, for the purpose of bringing an action. But this section does not apply to an agreement between attorneys and counsellors, or either, to divide between themselves the compensation to be received.

$75. 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.

76. The last three sections do not prohibit the receipt, by an attorney or counsellor, of a bond, promissory note, bill of exchange, book-debt, or other thing in action, in payment for property sold, or for services, actually

ATTORNEYS, &c.

S$ 77-81

rendered, or for a debt antecedently contracted; receiving a bill of exchange, draft, or other thing in action, for the purpose or from buying or of remittance, and without intent to violate either of those sections.

§ 77. The last four sections apply to a person prosecuting an action in person, who does an act, which an attorney or counsellor is therein forbid.

den to do.

§ 78. An attorney or counsellor shall not, directly or indirectly, advise concerning, aid, or take any part in, the defence of an action or special proceeding, civil or cri ninal, brought, carried on, aided, advocated, or pros ecuted, as Attorney-General, district-attorney, or other public prosecutor, by a person with whom he is interested or connected, either directly or in directly, as a law partner; or take or receive, 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 whatever, either express or implied, having relation thereto, or to the prosecution or defenee thereof.

§ 79. An attorney or counsellor, who has brought, carried on, aided advocated, or prosecuted, or has been in anywise connected with, an action or special proceeding, civil or criminal, as Attorney-General, districtattorney, or other public prosecutor, shall not, at any time thereafter, directly or indirectly, advise concerning, aid, or take any part in, the de fence thereof; or take or receive, either directly or indirectly, from a de fendant therein, or other person, a fee, gratuity, or reward, for or upon any cause, consideration, pretence, understanding, or agreement, either ex. press or implied, having relation thereto, or to the prosecution or defence

thereof.

§ 80. 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.

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

ARTICLE THIRD.

GENERAL PROVISIONS CONCERNING CERTAIN MINISTERIAL OFFICERS, CONNECTED WITH THE ADMINISTRATION OF JUSTICE; AND SPECIAL PROVISIONS CONCERN ING OFFICERS OF That Description, attached to Two or More COURTS.

82. Qualifications of stenographer.

83. General duty of stenographer;

notes, when to be filed.

84. Notes, how preserved;

written out.

§ 91. Clerk of Dutchess county to be

crier in that county.

92. When sheriff, constable, etc., to act as crier.

when

93.

85. Stenographers to furnish gratuitously copies of proceedings to judge.

86. To furnish like copies to parties, district-attorney and AttorneyGeneral; compensation.

87. These sections applicable to assistant-stenographers.

88. Supervisors to provide for compensation, etc., of stenographers.

89. County clerk to appoint special deputy to attend courts.

90. County judge to appoint crier.

Attendants upon courts in New
York city.

94. Interpreter for courts of record
in Kings county.

95. Attendants and messengers, how
appointed in Kings county.
96. Duties of persons appointed un
der last section.

97.

Sheriff, when directed, to require constables, etc., to attend

courts.

98. Id.; when not directed.

99.

Penalty for neglect of officer to attend court.

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