Imágenes de páginas
PDF
EPUB

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. Clerka, 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. Attorney not to defend when he has been public prosecutor.

79.

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.

56. A male citizen of the State, of full age, hereafter applying to be admitted to practice as an attorney or counsellor, 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 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 fifty-nine of this act, he is entitled to practice accordingly; subject, nevertheless, to suspension or removal from office, as prescribed by law.

$57. The rules established by the court of appeals, touching the 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.

$58. [am'd 1877.] Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with

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. The clerk, upon the payment 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.

§ 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] 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 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. 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.

§ 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

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.

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.

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 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 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 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.

§ 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 CONCERNING OFFICERS OF THAT DESCRIPTION, ATTACHED TO TWO OR More Courts.

[blocks in formation]

§ 82. Each stenographer, specified in this act, is an officer of the 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.

$83. Each stenographer specified in this act, must, under the 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.

84. The original stenographic notes, taken by a stenographer, are part of the proceedings in the cause; and, unless they are filed, pursuant 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.

85. Each stenographer, specified in this act, must, upon request, furnish, with all reasonable diligence and without charge, to the judge holding a term or sitting, which he has attended, a copy written out at length from his stenographic notes, of the testimony and proceedings, or a part thereof, upon a trial or hearing, at that term 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.

$86. Each stenographer, specified in this act, must likewise, upon request, furnish, with all reasonable diligence, to the defendant in a criminal cause, or a party, or his attorney in a civil cause, in which he has attended the trial or hearing, a copy, written out at length from his stenographic notes, of the testimony and proceedings, or a part thereof, upon the trial or hearing, upon payment, by the person requiring the same, of the fees allowed by law. If the district-attorney 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 a certificate, like other county charges.

§ 87. The provisions of the last five sections are also applicable to each assistant-stenographer, now in office, or appointed or employed, pursuant to any provision of this act; except that the stenographic notes, taken by an assistant-stenographer, must, if he dies or his office becomes otherwise

« AnteriorContinuar »