TITLE 2. Examination and admission of attor neys. Rules, how changed. Exemptions to graduates law 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. Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with the of certain whole or any part of the stated period of clerkship, required from an schools.: 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. Attorney's oath of office, and certificate of admission. states. Attorneys § 60. A person, regularly admitted to practice as attorney and counresiding in adjoining sellor, 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 postpaid 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. Clerks, practice. ART. 2. Id.; as to .. § 62 Asheriff, under-sheriff, deputy-sheriff, sheriff's clerk, constable, coroner, crier, or attendant of a court, shall not, during his continuance sheriff, etc. in office, practice as an attorney or counsellor in any court. attorneys § 63. A person shall not ask or receive, directly or indirectly, com- None but pensation for appearing as attorney in a court in the city and county to practice of New-York, or in the county of Kings, or make it a business to in New practice as an attorney in a court in either of those counties, unless he York and Kings has been regularly admitted to practice as an attorney or counsellor in counties. the courts of record of the State. last sec §64. A person who violates the last section is guilty of a misde- Penalty for meanor, and shall be punished by imprisonment in the county jail, not violation, or suffering exceeding one month, or by a fine of not less than one hundred dollars, violation of or more than two hundred and fifty dollars, or by both such fine and tion. 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. § 65. If an attorney dies, is removed or suspended, or otherwise Death or becomes disabled to act, at any time before judgment in an action, no or attor disability further proceeding shall be taken in the action, against the party for ney; proceedings whom he appeared, until thirty days after notice to appoint another thereupon. attorney, has been given to that party, either personally, or in such other manner as the court directs. sel's com § 66. The compensation of an attorney or counsellor for his services, Attorney is governed by agreement, express or implied, which is not restrained or counby law. From the commencement of an action or the service of an pensation. 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, decision 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. suspension etc. § 67. An attorney or counsellor, who is guilty of any deceit, mal- Removal or practice, crime, or misdemeanor, may be suspended from practice, or for malremoved from office, by the supreme court, at a general term thereof. practice, § 68. Before an attorney or counsellor is suspended or removed, as Must be on prescribed in the last section, a copy of the charges against him must notice. 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 Removal or supreme court, operates as a suspension or removal in every court of spen the State. sion, how to operate. deceit, etc. § 70. An attorney or counsellor, who is guilty of any deceit or col- Punish lusion, or consents to any deceit or collusion, with intent to deceive the ment for court or a party, forfeits, to the party injured by his deceit or collusion, treble damages. He is also guilty of a misdemeanor. wilful de § 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 lay of acallowance for or on account of money, which he has not laid out or tion. become answerable for, forfeits to the party injured, treble damages. § 72. If an attorney knowingly permits a person, not being his gen- Attorney eral law partner, or a clerk in his office, to sue out a mandate, or to his name. not to lend TITLE". Attorney not to buy claim. Certain loans pro hibited. Penalty. Limitation of preceding sections. Same rule when par. ty prosecutes in person. Partner of district at etc., not to torney, defend prosecutions. Attorney fend 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. 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. 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, bookdebt, 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 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. $79. An attorney or counsellor, who has brought, carried on, aided, when advocated, or prosecuted, or has been in anywise connected with, an he has been action or special proceeding, civil or criminal, as Attorney-General, prosecutor. district-attorney, or other public prosecutor, shall not, at any time there public Penalty. Limitation after, 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. of provis. § 81. This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally. ions. ART. 3. ARTICLE THIRD. GENERAL PROVISIONS CONCERNING CERTAIN MINISTERIAL OFFICERS, CONNECTED WITH SECTION 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. 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. 91. Clerk of Dutchess county to be crier in that county. 92. When sheriff, constable, etc., to act as crier. 93. 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 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. tions of § 82. Each stenographer, specified in this act, is an officer of the Qualifica court or courts, for or by which he is appointed; and, before entering stenograupon the discharge of his duties, must subscribe the Constitutional oath pher. 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. stenogra notes, § 83. Each stenographer, specified in this act, must, under the di- General rection of the judge, presiding at or holding the term or sitting which duty or he attends, take full stenographic notes of the testimony, and of all pher; other proceedings, in each cause tried or heard thereat, except when when to be the judge dispenses with his services in a particular cause, or with re- filed. spect 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. preserved; § 84. The original stenographic notes, taken by a stenographer, are Notes, how part of the proceedings in the cause; and, unless they are filed, pur- when writ suant to an order, made as prescribed in the last section, they must be ten out. 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. TITLE 2. Stenographers to furnish gratuit § 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 proceedproceedings, 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 ously copies of ings, to judge. like copies to parties, district at torney and attorneygeneral; compensa tion. copy. To furnish 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. These sec cable to as § 87. The provisions of the last five sections are also applicable to tions appli: 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 vacant, be delivered to the stenographer, to be held by him with like effect, as if they had been taken by him. sistant etenographers. Supervi vide for § 88. The board of supervisors of each county must provide for the bors to pro- payment of the sums chargeable upon the treasury of the county, for compensa the salary, fees, or expenses of a stenographer or assistant-stenographer; and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums. tion, etc., ol' stenog raphers. County clerk to appoint special deputy to attend courts. Clerk in New York, not to be -referee, etc. § 89. Each county clerk may, from time to time, by an instrument in writing, filed in his office, appoint, and at pleasure remove, one or more special deputy-clerks, to attend upon any or all of the terms or sittings of the courts of which he is clerk. Each person so appointed must, before he enters upon the duties of his office, subscribe, and file in the clerk's office, the constitutional oath of office; and he possesses 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. § 90. No person holding the office of clerk, deputy-clerk, special or Kings, 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. Crier for courts of certain counties. § 91. The county judge of each county, except Kings and Dutchess, record, in 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. |