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, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order. The court upon the petition of the client or attorney may determine and enforce the lien.

From Co. Proc., § 303. Am'd by L. 1879, c. 542; L. 1899, c. 61 (in effect Sept. 1, 1899).

§ 67. [Omitted; see Table, p. fil.] Suspension from practice.

The supreme court shall have power and control over attorneys and counsellors-at-law, and the appellate division of the supreme court in each department is authorized to censure, suspend from practice or remove from office any attorney and counsellor-at-law admitted to practice as such who is guilty of professional misconduct, malpractice, fraud, deceit, crime or misdemeanor, or any conduct prejudicial to the administration of justice; and the appellate division of the supreme court is hereby authorized to revoke such admission for any misrepresentation or suppression of any information in connection with the application for admission to practice. Any person being an attorney and counsellor-atlaw, who shall be convicted of a felony, shall, upon such conviction, cease to be an attorney and counsellor-at-law, or to be competent to practice law as such. Whenever any attorney and counsellor-at-law shall be convicted of a felony, there may be presented to the appellate division of the supreme court a certified or exemplified copy of the judgment of such conviction, and thereupon the name of the person so convicted shall, by order of the court, be stricken from the roll of attorneys. Upon a reversal of such conviction, or pardon by the president of the United States or governor of this State, the appellate division shall have power to vacate or modify such order or debarment.

From 1 R. S. 109 (Part 1, c. 5, tit. 4), § 24. Am'd by L. 1890, c. 528; L. 1891, c. 99; L. 1895, c. 946; L. 1912, c. 253 (in effect April 11, 1912).

§ 68. [Omitted; see Table, p. ii.] Must be on notice.

Before an attorney or counsellor at law is suspended or removed as prescribed in the last section, a copy of the charges against him must be delivered to him personally or, in case it is established to the satisfaction of the presiding justice of the appellate division of the supreme court to which the charges have been presented, that he cannot be served within the state, the same may be served upon him without the

1 By L. 1913, c. 720 (in effect May 24, 1913), the following amendment has been added at this point:

It shall be the duty of the appellate division to insert in each judgment, decree or final order of suspension or removal hereafter rendered a provision which shall command the attorney and counsellor-at-law thereafter to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another. In addition it shall forbid the performance of any of the following acts for compensation or reward, to wit:

a. The appearance as an attorney or counsellor-at-law before any court, judge, justice, board, commission or other public authority.

b. The giving to another of an opinion as to the law or its application, or of any advice in relation thereto.

In case of suspension only, the judgment, decree or order may limit the command to the period of time within which such suspension shall continue, and if justice so requires may further limit the scope thereof.

If an attorney and counsellor-at-law has been heretofore removed from office, the appellate division shall upon application of any attorney and counsellor-at-law, or of any incorporated bar association, and upon such notice to the respondent as may be required, amend the judgment, decree or order of removal by adding thereto as a part thereof, provisions similar to those required to be inserted in judgments, decrees or orders hereafter made.

If a certified copy of such judgment, decree or order or of such amended judgment, decree or order, be served upon the attorney and counsellor-at-law suspended or removed from office, a violation thereof may be punished as a contempt of court.

state by mail or otherwise as the said presiding justice may direct, and he must be allowed an opportunity of being heard in his defense. It shall be the duty of any district attorney within a department, when so designated by the presiding justice of the appellate division of the supreme court, to prosecute all proceedings for the removal or suspension of attorneys and counsellors at law or the said presiding justice may, in a county wholly included within a city, appoint an attorney and counsellor at law, designated by a duly incorporated bar association approved by him, to prosecute any such proceedings and, upon the termination of the proceedings, may fix the compensation to be paid to such attorney and counsellor at law for the services rendered under such designation, which compensation shall be a charge against the county specified in his certificate and shall be paid thereon.

The presiding justice of the appellate division to which charges of professional misconduct against an attorney and counsellor at law have been presented, may make an order directing the expenses of such proceedings, and the necessary costs and disbursements of the petitioner in prosecuting such charges, including also in a county wholly within a city the expense of a preliminary investigation in relation to such charges, to be paid by the county treasurer of a county within the judicial department, which expenses shall be a charge upon such county.

From 1 R. S. 109 (Part 1, c. 5, tit. 4), § 24. Am'd by L. 1890, c. 528; L. 1895, c. 946; L. 1896, c. 557; L. 1903, c. 327; L. 1915, c. 475 (in effect May 3, 1915).

§ 69. [Omitted; see Table, p. ill.] Removal or suspension, how to operate. 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.

From 1 R. S. 109 (Part 1, c. 5, tit. 4), § 25.

70. [Omitted; see Table, p. iii.] Punishment for deceit, etc.

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.

From 2 R. S. 287 (Part 3, c. 3, tit. 2), § 68.

§71. [Omitted; see Table, p. iii. Id., for willful delay of action.

An attorney or counsellor, who willfully delays his client's cause, with a view to his own gain, or willfully 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. From Id., § 69.

§ 72. [Omitted; see Table, p. iii.] Attorney not to lend his name.

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.

From Id., § 70.

§ 73. [Omitted; see Table, p. iii.] Attorney not to buy claim.

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.

From Id., § 71.

§ 74. [Omitted; see Table, p. ill.] Certain loans prohibited.

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, or of representing the claimant in the pursuit of any civil remedy for the recovery thereof. But this section does not apply to an agreement between attorneys and counsellors, or either, to divide between themselves the compensation to be received.

From Id., § 72. Am'd by L. 1879, c. 542; L. 1907, c. 700 (in effect Sept. 1, 1907). § 75. [Omitted; see Table, p. iii.] Penalty.

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.

From 2 R. S. 287 (Part 3. c. 3, tit. 2), § 73.

§ 76. [Omitted; see Table, p. HI.] Limitation of preceding sections. 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 purposes of remittance, and without intent to violate either of those sections.

From Id., § 74.

§ 77. [Omitted; see Table, p. iii.] Same rule when party prosecutes in person, or when certain corporations prosecute.

The last four sections apply to a person prosecuting an action in person and to a corporation engaged in the business of conducting litigation and providing counsel therefor, who or which does an act which an attorney or counsellor is therein forbidden to do.

From L. 1847, c. 470, § 47. Am'd by L. 1907, c. 700 (in effect Sept. 1, 1907).

23

§ 78. (Omitted; see Table, p. ill.] Partner of district-attorney, etc., not to defend prosecutions.

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 the prosecution or defence thereof.

From L. 1846, c. 120, § 1.

$79. (Omitted; see Table, p. ill.] Attorney not to defend when he has been public prosecutor.

An attorney or counsellor, who has brought, carried on, aided, advocated, or prosecuted, or has been in any wise connected with, an 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.

From Id., § 2.

§ 80. [Omitted; see Table, p. ifi.] Penalty.

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.

From Id., § 3.

§ 81. [Omitted; see Table, p. iii.] Limitation of provisions.

This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally.

From Id., § 4.

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.

[N. B. The whole of this article (comprising §§ 82-99) has been transferred by L. 1909, c. 65, to the Judiciary Law and the County Law of the "Consolidated Laws," or to other parts of this Code. The Table on page iii, ante, shows where these sections are now to be found.] §§ 82-99. [Omitted; see Table, p. iii.]

24-28

CHAPTER II.

Powers, Duties, and Liabilities of a Sheriff, or other Ministerial Officer, in the Execution of the Process or Other Mandate of a Court or Judge, in a Civil Case.

TITLE I. Provisions relating to the Execution of Civil Mandates generally.

TITLE II.— Provisions relating to the Execution, by a Sheriff, of a Mandate against the Person.

TITLE III.— Application of the foregoing Provisions to the Proceedings of a Coroner.

TITLE IV.- Powers, Duties and Liabilities of an Incoming and Outgoing Sheriff respectively, touching the Matters included in this Chapter.

TITLE I.

Provisions relating to the execution of civil mandates generally.

Sec. 100. Sheriff to furnish certain minute.

101. Copy of process, etc., to be delivered when served.

102. Sheriff to execute process, etc.; may return by mail.

103. Liability for neglect in special proceedings.

104. Sheriff may command the power of the county, to overcome resistance. 105. Names of resisters to be certified.

106. Punishment for refusing to assist.

107. Use of troops in civil disorders.

108. Trial of claim of title by third person, to property seized by sheriff.
109. Expenses, how paid.

§ 100. Sheriff to furnish certain minute.

A sheriff, to whom a mandate of any description, is delivered to be executed, must, without compensation, give to the person delivering the same, if required, a minute in writing, signed by the sheriff, specifying the names of the parties, the general nature of the mandate, and the day and hour of receiving the same. From 2 R. S. 440 (Part 3, c. 7, tit. 6), § 75.

§ 101. [Am'd, 1877.] Copy of process, etc., to be delivered when served. A sheriff or other officer, serving a mandate, must, upon the request of the person served, deliver to him a copy thereof, without compensation.

From Id., § 76. Am'd by L. 1877, c. 416.

§ 102. [Am'd, 1877.] Sheriff to execute process, etc.; may return by mail. A sheriff, or other officer, to whom a mandate is directed and delivered, must execute the same according to the command · thereof, and make return thereon of his proceedings, under his hand. For a violation of this provision, he is liable to the party aggrieved, for the damages sustained by him; in addition to any fine, or other punishment or proceeding, authorized by law. A