Certain loans pro hibited. Penalty. Limita tion of sections. § 74. 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 thereon. See Brotherson v. Consalus, 26 How. 9 Barb. 297; Code Pro., § 303, post, and 213; 6 Alb. L. J. 196; Hall v. Bartlett, note. § 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. 2 R. S. 299, § 73. 876. The last three sections do not prohibit the receipt, by an preceding 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 rendered, or for a debt antecedently contracted; or from buying or receiving a bill of exchange, draft, or other thing in action, for the purpose of remittance, and without intent to violate either of those sections. Same rule when party prosecutes in person. Partner etc., not to defend prosecutions. 2 R. S. 299, § 74. § 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 forbidden to do. Laws of 1847, ch. 470; 4 Edm. St. 590, part of § 47 adopted, with the omission of the words, "or proceeding," before "in person." § 78. An attorney or counsellor shall not, directly or indirectly, attorney, advise concerning, aid, or take any part in, the defence of an action or special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as attorney-general, district-attorney, or other public prosecutor, by a person with whom he is interested or connected, either directly or indirectly, 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 defence thereof. Laws of 1846, ch. 120, § 1; 4 Edm. St. 554, "attorney-general" added. not to de when he public tor. § 79. An attorney or counsellor, who has brought, carried on, Attorney aided, advocated, or prosecuted, or has been in anywise connected fend with, an action or special proceeding, civil or criminal, as attorney- has been general, district-attorney, or other public prosecutor, shall not, at any prosecu time thereafter, directly or indirectly, advise concerning, 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. Laws of 1846, ch. 120, § 2; 4 Edm. St. 554, with like addition as in preceding section. § 80. An attorney or counsellor, who violates either of the last Penalty. 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. Laws of 1846, ch. 120, § 3; 4 Edm. St. 555. tion of § 81. This article does not prohibit an attorney or counsellor from Limitadefending himself in person, if prosecuted either civilly or criminally. provisLaws of 1846, ch. 120, § 4; 4 Edm. 555. ARTICLE THIRD. GENERAL PROVISIONS CONCERNING CERTAIN MINISTERIAL OFFICERS, CON- SEC. 82. Qualifications of stenographer. 83. General duty of stenographer; notes when to be filed. 84. Notes, how preserved; when written out. 85. Stenographers to furnish gratuitously copies of proceedings, to judge. 86. To furnish like copies to parties, district-attorney and attorney-general; 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. Clerk in New-York, or Kings, not to be referee, etc. 91. Crier for courts of record, in certain counties. 92. When sheriff, constable, etc., to act as crier. 93. Attendants upon courts in New-York city. 94. Interpreter for certain courts of record in Kings county. 95. Attendants and messengers, how appointed in Kings county. 96. Duties of persons appointed under 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. Qualifications of pher. § 82. Each stenographer, specified in this act, is an officer of the stenogra- court or courts, for or by which he is appointed; and, before entering upon the discharge of his duties, must subscribe the constitutional oath of office, and file the same in the office of the clerk of the court, or, in the supreme court, in the office of the clerk of the county where the term sits, or the judge resides, by which or by whom he is appointed. A person shall not be appointed to the office of stenographer, unless he is skilled in the stenographic art. New. General duty of pher; notes, when to be filed. § 83. Each stenographer, specified in this act, must, under the stenogra- direction of the judge, presiding at or holding the term or sitting which he attends, take full stenographic notes of the testimony, and of all other proceedings, in each cause tried or heard thereat, except when the judge dispenses with his services in a particular cause, or with respect to a portion of the proceedings therein. The court, or a judge thereof, may, in its or his discretion, upon or without an application for that purpose, make an order, directing the stenographer to file with the clerk, forthwith or within a specified time, the original stenographic notes, taken upon a trial or hearing; whereupon the stenographer must file the same accordingly. Notes, how preserved; when written out. Stenographers to furnish The first sentence is substantially the same as the provision to be found in special acts relating to stenographers. The second sentence makes generally applicable the provision of the Laws of 1874, ch. 57, § 2, as amended by Laws of 1875, ch. 127, relating to the superior court of Buffalo. § 84. The original stenographic notes, taken by a stenographer, are part of the proceedings in the cause; and, unless they are filed, pur suant to an order, made as prescribed in the last section, they must be carefully preserved by the stenographer, for two years after the trial or hearing; at the expiration of which time he may destroy the same. If the stenographer dies, or his office becomes otherwise vacant, before the expiration of that time, they must be delivered to his successor in office, to be held by him with like effect, as if they had been taken by him. They must be written out at length by the stenographer, if a judge of the court so directs, or if the stenographer is required so to do, by a person entitled by law to a copy of the same, so written out. Unless such a direction is given, or such a requisition is made, the stenographer is not bound so to write them out. New. § 85. Each stenographer, specified in this act, must, upon request, furnish, with all reasonable diligence and without charge, to the tously proceed judge. judge holding a term or sitting, which he has attended, a copy, writ- gratulten out at length from his stenographic notes, of the testimony and copies of proceedings, or a part thereof, upon a trial or hearing, at that term ings, to or sitting. But this section does not affect a provision of law, authorizing the judge to direct a party or the parties to an action or special proceeding, or the county treasurer, to pay the stenographer's fees for such a copy. A provision usually inserted in special acts relating to stenographers. nish like parties, attorney torney compen § 86. Each stenographer, specified in this act, must likewise, upon To furrequest, furnish, with all reasonable diligence, to the defendant in a copies to criminal cause, or a party, or his attorney in a civil cause, in which districthe has attended the trial or hearing, a copy, written out at length and atfrom his stenographic notes, of the testimony and proceedings, or a general; part thereof, upon the trial or hearing, upon payment, by the person sation. requiring the same, of the fees allowed by law. If the districtattorney or the attorney-general requires such a copy, in a criminal cause, the stenographer is entitled to his fees therefor; but he must furnish it, upon receiving a certificate of the sum to which he is so entitled; which shall be a county charge, and must be paid by the county treasurer, upon the certificate, like other county charges. See the note to the last section. sections ble to as stenogra § 87. The provisions of the last five sections are also applicable These to each assistant-stenographer, now in office, or appointed or employed, applica pursuant to any provision of this act; except that the stenographic sistantnotes, taken by an assistant-stenographer, must, if he dies or his phers. office becomes otherwise vacant, be delivered to the stenographer, to be held by him with like effect, as if they had been taken by him. The first clause embodies a provision to stenographers; the last clause is usually found in special acts relating new. visors to for com § 88. The board of supervisors of each county must provide for Superthe payment of the sums, chargeable upon the treasury of the county, provide for the salary, fees, or expenses of a stenographer or assistant-stenog- pensarapher; and all laws relating to raising money in a county, by the of stenboard of supervisors thereof, are applicable to those sums. Similar in substance to the provision stenographer, outside of the first judito be found in every act relating to a cial district. tion, etc., ographers. clerk to special attend § 89. [Amended, 1877.] Each county clerk may, from time to County time, by an instrument in writing, filed in his office, appoint, and at appoint pleasure remove, one or more special deputy-clerks, to attend upon deputy to any or all of the terms or sittings of the courts of which he is clerk. courts. Each person so appointed must, before he enters upon the duties of Clerk in NewYork, or Kings, not to be referee, etc. Crier for courts of certain counties. his office, subscribe, and file in the clerk's office, the constitutional oath of office; and he possesses, in the absence of the clerk and the deputy-clerk, the same power and authority as the clerk, at any sitting or term of the court, which he attends, with respect to the business transacted thereat. Laws of 1871, ch. 710, §§ 1 and 2; 9 Edm. St. 133, with amendments. § 90. [Added, 1877.] No person holding the office of clerk, deputy-clerk, special deputy-clerk, or assistant in the clerk's office, of a court of record or of the surrogate's court, within either of the counties of New-York or Kings, shall hereafter be appointed, by any court or judge, a referee, receiver or commissioner, except by the written consent of all the parties to the action or special proceeding, other than parties in default for failure to appear or to plead. Laws of 1876, ch. 205. § 91. [Amended, 1877.] The county judge of each county, except record, in Kings and Dutchess, from time to time, may appoint, and at pleasure remove, a crier for the courts of record held in his county; who is entitled to a compensation, fixed and to be paid as prescribed by law. The clerk of the county of Dutchess, or in his absence the deputy-clerk, must act as crier at each term of a court of record held in that county. He is entitled therefor to a compensation, fixed and to be paid as prescribed by law. When sheriff, Laws of 1866, ch. 588, § 1; 6 Edm. St. 786, amended. § 92. A sheriff, deputy-sheriff, or constable, attending a term of a constable, court of record, must, when required by the court, act as crier as crier. therein; and he is not entitled to any additional compensation for etc., to act Attend ants upon New-York city. that service. Laws of 1847, ch. 470; 4 Edm. St. 589, part of § 42, modified. § 93. The judges, or a majority of them, of each of the followcourts in ing named courts, to wit: the supreme court within the first judicial district; the court of common pleas for the city and county of New. York; and the superior court of the city of New-York, from time to time, may appoint, and at pleasure remove, such attendants upon the court of which they are respectively members, including, where the justices of the supreme court make the appointment, the circuit court, and court of oyer and terminer, as they think necessary for the due transaction of the business thereof; not exceeding four attendants for each part, and four for the general term. Laws of 1872, ch. 438, § 2, amended. |