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, until 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* 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. ART. 2. file certifi § 54. A judge of a court of record must, within ten days after he Judge to enters on the duties of his office, make and sign a certificate, stating cate of age, his age, and the time when his official term will expire, either by com- etc. pletion 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. SECTION 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. 65. Death or disability of attorney; proceedings thereupon. 66. Attorney or counsel's compensation. 67. Removal or suspension for malpractice, etc. 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. So in the original. TITLE 2. Party may person or by attor ney. § 55. A party to a civil action, who is of full age, may proseappear in cute 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. Examina tion and admission of attor neys. Rules, how changed. Exemp. tions to graduates law schools. § 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 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 certificate 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 of admission. Attorneys§60. A person, regularly admitted to practice as attorney and counresiding in sellor, in the courts of record of the State, whose office for the trans adjoining states. action 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 See Section 797. located, properly inclosed in a postpaid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him. ART. 2. § 61. The clerk, deputy-clerk, or special deputy-clerk of a court Clerks, shall not, during his continuance in office, practice as attorney or coun- practice. sellor in that court. etc., not to § 62. A sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, constable, Id.; as to 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 Kings has been regularly admitted to practice, as an attorney and counsellor counties. in the courts of record of the State. York and or suffering 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, 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. of attor § 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 disability further proceeding shall be taken in the action, against the party for ney; prowhom 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. ceedings § 66. The compensation of an attorney or counsellor for his services, Attorney is governed by agreement, express or implied, which is not restrained or coun by law. sel's compensation. 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 formalremoved 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 suspenthe State. sion, how to operate. deceit, etc. § 70. An attorney or counsellor, who is guilty of any deceit or col- PunishInsion, 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 2. Attorney not to buy claim. Certain loans pro hibited. Penalty. Limitation of preceding sections. Same rule when party prosecutes in person. Partner of district at etc., not to torney, defend prosecutions. Attorney fend public prosecutor. 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. § 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, not 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, district-attorney, 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. Penalty. of provis § 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. Limitation § 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 Qualificacourt 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- Gled. 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- en 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. |