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. 2 R. S. 295, §§ 52 and 53, consolidated, and amended verbally. file cer age, etc. § 54. A judge of a court of record must, within ten days after Judge to he enters on the duties of his office, make and sign a certificate, tificate of 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. 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. 66. 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. Party Examination and of attor SEC. 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 attorney 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. 2 R. S. 285, § 11, amended by excluding a lunatic, idiot, or habitual drunkard. 1 Wait's Pr. 558. § 56. A male citizen of the State, of full age, hereafter applying admission to be admitted to practice as an attorney or counsellor, in the courts neys. 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 he has complied with the rules, established by the court of appeals for that purpose, and he is approved, by the justices holding the term, for his good character and learning, the court must direct an order to be entered, stating those facts, and admitting him to practice as an attorney and counsellor in all the courts of record of the State. Thereupon, after qualifying, as prescribed in section 59 of this act, he is entitled to practice accordingly; subject, nevertheless, to suspension or removal from office, as prescribed by law. Rules, how Laws of 1871, ch. 486, § 3; 9 Edm. mission of attorneys and counsellors at law, 1 Wait's Pr. 234. $57. The rules established by the court of appeals, touching the changed. admission of attorneys and counsellors 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. by the court of appeals, see 1 Wait's Laws of 1871, ch. 486, §§ 1, 2; 9 Edm. St. 95. For the rules adopted tions to of certain schools. § 58. [Amended, 1877.] Nothing contained in the last two Exempsections prevents the court of appeals from dispensing, in the rules graduates established by it, with the whole or any part of the stated period law 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. Laws of 1871, ch. 486, § 3; 9 Edm. St. 95; Laws of 1872, ch. 260; 9 Edm. St. 345, amended as it respects the admission of certain law-school grad- ney's oath and cer admis § 59. Each person, admitted as prescribed in the last three sec- Attor tions, must, upon his admission, take the constitutional oath of office of office, in open court, and subscribe the same in a roll or book, to be kept tificate of in the supreme court for that purpose. The clerk, upon the pay- sion. ment of the fees allowed by law, must deliver to the person admitted, a certificate under his hand 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. 2 R. S. 298, § 66. The last sentence in the section is new. neys re § 60. A person, regularly admitted to practice as attorney and Attor counsellor, in the courts of record of the State, whose office for the siding in adjoining transaction of law business is within the State, may practice as such states. 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 postpaid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him. Laws of 1866, ch. 175, § 1; 6 Edm. St. 706. § 61. The clerk, deputy-clerk, or special deputy-clerk of a court Clerks, shall not, during his continuance in office, practice as attorney or to praocounsellor in that court. 1 R. S. 99, § 26, omitting the words "register, assistant-register or deputyregister." etc., not tice. Id.; as to sheriff, etc. None but attorneys to practice in New York and counties. Penalty for violation, or suffering violation of last section. Death or disability of attor ney; proceedings there upon. Attorney or counsel's compensation. § 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. 1 R. S. 99, § 27, extended. § 63. A person shall not ask or receive, directly or indirectly, compensation for appearing as attorney in a court in the city and 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 and counsellor in the courts of record of the State. Laws of 1862, ch. 484, § 1; id., ch. 53, § 1. § 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. A 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. But this and the last section do not apply to a case, where a person appears in a cause, to which he is a party. Laws of 1862, ch. 53, § 1; id., ch. 484, § 2. § 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. 2 R. S. 298, § 67, amended. As to the change of an attorney, see 1 Wait's Pr. 248. § 66. The compensation of an attorney or counsellor for his services, is governed by agreement, express or implied, which is not restrained by law. First sentence of § 303, Code Pro.; 1 Wait's Pr. 245, 246; Wait's Ann. Code, 583, and notes. Whenever a contract between an attorney and his client inures greatly to the advantage of the attorney, the court will Haight scrutinize it with great care. or sus for mal § 67. An attorney or counsellor, who is guilty of any deceit, mal- Removal practice, crime or misdemeanor, may be suspended from practice, or pension removed from office, by the supreme court, at a general term thereof. practice, 1 R. S. 99, § 24, amended. 1 Wait's Pr. 243, 249; Matter of Niles, 48 How. 246. etc. on notice. § 68. Before an attorney or counsellor is suspended or removed, Must be 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. 1 R. S. 99, § 24. or suspen $69. The suspension or removal of an attorney or counsellor, by Removal the supreme court, operates as a suspension or removal in every ston, how court of the State. 1 R. S. 99, § 25. to operate. ment for etc. § 70. An attorney or counsellor, who is guilty of any deceit or Punishcollusion, or consents to any deceit or collusion, with intent to deceit, deceive the court or a party, forfeits, to the party injured by his deceit or collusion, treble damages. He is also guilty of a misde meanor. 2 R. S. 298, § 68; 1 Wait's Pr. 244. wilful de lay of action. § 71. An attorney or counsellor, who wilfully delays his client's Id. ; for 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. 2 R. S. 298, § 69. not to name. § 72. If an attorney knowingly permits a person not being his Attorney general law partner, or a clerk in his office, to sue out a mandate, or lend his 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. 2 R. S. 298, § 70, amended by substitution of "mandate," for "process." not to § 73. An attorney or counsellor shall not, directly or indirectly, Attorney buy, or be in any manner interested in buying, a bond, promissory buy note, bill of exchange, book-debt, or other thing in action, with the intent and for the purpose of bringing an action thereon. 2 R. S. 298, § 71, amended; id., § 72, extended; 1 Wait's Pr. 244. See Mann v. Fairchild, 3 Abb. Ct. App. claim. |