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indirectly compensation for appearing as attorney in a court or before any magistrate in the city of New York, or make it a business to practice as an attorney in a court or before a magistrate in said city, unless he has been regu- . larly admitted to practice as an attorney or counsellor, in the courts of record of the State.

sol. Act.

$ 64. Penalty for violation or suffering violation of 1078. Con last section. [ Am’d 1898, amendment to take effect Septemher 1, 1898.] 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 hund. red and fifty dollars, or by both such fine and imprisonment. A judge, justice or magistrate within the city of New York who knowingly permits to practice in his court, a person who bas not been regularly admitted to practice in the courts of record of this 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 17 Civ. Pro ut erwise becomes disabled to act, at any time before judg. 86. When: in an action, no further procedug shall be taken in the action, against the party for whom he appeareil, until thirty days after notice to a ppoint another attorney, hns by en given to that party, either personally, or in such other nanver as the court directs,

8 66. Attorney or counsel's compensation ; and attorney's lien. [Am'd 1879, 1899, amendment to take effect September 1, 1899.] The compensation of an attorney or counsellor for his services is governed by agreement, exprogs 22 Hun, 386. or implied, which is not restrained by law. From the com- Id. 600. mencement of an action or special proceeding, or the service 60 How. Pr. of an answer containing a counterclaim, the attorney who

3 Civ. Pro. appears for a party has a lien upon his elient's cause of 141. action, claim or counterclaim, which attaches to a verdict, Id. 253. 1 port, decision, judgment or final order in his client's favor, 11 Abb. N. and the proceeds thereof in whosesoever hands they may 30 Hun, 521. come; and the lien can noi be affected by any settlement 65 How. Pr. between the parties before or after judgment or final order. 465; The court upon the petition of the client or attorney may 87 Hun 100.

86 Hun, 159, determine and enforce the lien.

88 Hun, 613 67 How. Pr. 267; 3 How. Pr. N. S. 373 ; 54 Super. Ct. (J. & S.) 477 ; 13 Civ. Pro. 32 ; 112 N.Y. 157 ; 12 N.Y. State Rep. 117; 25 Id. 559; 2 Dem. 466; 131 N. Y. 200; 92 Hun, 536; 16 Misc. 515; 152 N. Y. 521; 30 Ap'. Div. 602.

488.

6 V. Y. 663. FN Y

$ 67. (Amd 1890, 1891, 1895, amendment to take effec?

Junuary 1, 1896.) An attorney and counselor, who is guilty binte Rep. of any deceit, milpractice, crime or mistlemennor, or who is 152 X. Y. 596. guilty of any fraud or deceit in proceedings by which he wa i

admitted to practice as an attorney and counselor of the courts of record of this State, may be suspended from practice, or removed from office, by the appellate division of the supreme court. Any person being an attorney and coun. selor-at-law, who shall be convicted of a felony, shall, upon such conviction, cease to be an attorney and counselor-atlaw, or to be competent to practice law as such. Whenever ily attorney and counselor-at-law shall be convicted of a felovy, there may be presented to the appellete 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 roil of attorneys. Upon a reversal of such convic. tion, or pardon by the president of the United States or gov. ernor of this State, the appellate division shall have power to vacate or modify such order of debarment.

$ 68. [Am'd 1890, 1895, 1896, amendment to take effect Sep. 2:12 N.Y. 157. tember 1, 1896.] Before an attorney or counselor is suspended

or removed as prescribed in the last section, a copy of the charges against him must be delivered to him, and be must be allowed an opportunity of being heard in his d. fense. It shall be the duty of any district attorney within the department, when so designated by the appellate division of the supreme court, to prosecute all cases for the removal or suspension of attorneys and counselors as aforesaid. The presiding justice of the appell te division making the said order of designation aforesaid or the order of reference in such cases, may make an order directing the expenses of sich proceedings to be paid by the county treasurér of the connty where the attorney or counselor removed or suspenleil, or against whom charges were made as aforesaid, hal his last known place of residence or principal place of business, which expenses shall !e chargesi npon stich county.

$ 69. The suspension or ruinovai of an attorney or coun. sellor, by the supreme court. operates as a suspension or re moval in every court of tie State.

270. An attorney or counsellor, wiio is guilty of any de. ceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or a party forfeits to the party

214.

136

injured by his deceit or collusion, treble damages. He is also guilty of a misdemeanor.

$ 71. An attorney or counsellor, who wilfully delays his icnt's cause, with a view to his own gain, or wilfully receives

25 Bu, 430. money, or an allowance for or on account of money, which he has not laid out or become answerable for, forfeits to the perty injured, treble damages.

$ 72. If an attorney knowingly permits a person, not be- 52 N, Y.471 iny 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 in- 102 N. Y. 395.

42 Hun, 490. directly, buy, or be in any manner interested in buying, a 16 Civ. Pro. hond, promissory note, bill of exchange, book-debt, or other 8. thing in action, with the intent and for the purpose of bringing 1.2. 424,

24 N. Y an action thereo. 9 App. Div. 135; 21 Id. 201; 22 App. Div. 270.

State Rep. $ 74. (Amd 1879.) An attorney or counsellor shall not, by himself, or by or in the name of another person, either be- 5 App. Div. före or after action brought, promise or give, or procure to be 321. promised or given, a valuable consideration to any person, as App. Div an inducement to placing, or in consideration of having placed, in his hands, or in the hands of another person, a demand of 24 Misc. 39.). 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 con

102 N.Y.396 viction 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, 24 Misc. 393. by an attorney or counsellor, of a bond, proinissory note, bill of exchange, book-debt, or other thing in action, in piyment 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 actios 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, bronght, carried on, aided, advocated, or prosecuted as AttorneyGeneral, 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, consideraton, 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, auded, 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 pub. lie 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, under standing, 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 criminaliy.

ARTICLE THIRD.
GENERAL PROVISIONS CONCERNING CERTAIN MINISTERIAL

OFFICERS, CONNECTED WITH THE ADMISTRATION OF
JUSTICE; AND SPECIAL PROVISIONS CONCERNING OFFICERS

OF THAT DESCRIPTION, ATTACHED TO TWO OR MORE COURTS. § 82. Qualifications or stenog $ 90. Certain assistants not to be rapher.

appointed referees, re83. General duty of stenog.

ceivers or commissioners rapher: notes, when to 91. Criers for courts of record. be filed.

92. Wbeu sheriff, constable, 84. Notes. how preserved ;

ctx., to act as crier. when written ont.

93. Seals and records of former 85. Stenographers to furnish

superior city courts. gratuitously copies of 94. Interpreter for courts of proceedings to judge.

recoril in Kings county. 86. To furnish like copies to 95. Attendants and messen parties district-attorney

gers, how appointed in and Attorney-General;

Kings county compen.ation.

96. Duties of persons appointed 87. These sections applicable

under last section. assistant steuograph.

97. Sheriff when directed to

notify constables, etc., to -8. Supervisors to provide for

attend courts compensation, etc., of 98. Id , when not directed. stovographers

99. Penalty for neglect of of 89, Clerk of appellate division

ficer to attend court. and special deputy clerks. $ 82. Each stenographer, specified in this act, is an officer of the court or courts, for or hy which has 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 oflice of stenographer, unless he is skilled in the stenographic art.

$ 83. [ Amid 1893.] 27 Hun,114. Each stenographer specified in this act mnsf, under the

direction of the jud je presiidi:ig at or holding the term or sitting which he attends, iuke tull stenographic notes of the

to ers

intimony and of all other proceedings in ench cause tried som heird thereat, except when the ju iye dispenses with his

ervices in a particular case or with respect to a portion of the proceedings therein. The conrt, or a judge thereof, may, in its or his discretion, upon or without an application for that purpose, ma .e an order directing the stenographer to file wiih the clerk, forthwith or within a specified time, the original stenographic notes taken upon a trial or bearing, whereupon the stenographer must file the same accordlogly. Such stenographer shall fully note each ruliug or decision of the presiding judge, and when the trial is by jury earch and every remark or comment of such judge during the trial, when requested so to do by either party, together with each and every exception taken to any such ruling, decision, remark or comment by or on behalf of any party to the action. After any such ruling, decision, remark or comment has been made the same shall not be altered or amended by the stenographer without the consent of the parts excepting thereto, whether the same is made during the charge of the court to the jury or at any other time during tlie trial. The stenogra her shall, upon the payment of his fees allowed by law therefor, furnish a certified transcript of the whole or any part of his minutes, in any case reported by him, to any party to the action requiring the same.

$ 84. The original stenographic potes, taken by a stenog. 27 Hun, 144 rapher, are part of the proceedings in the cause; and, unless 30 1d. 465. 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 bis 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 steuo-rapher is required so to do, by a person enlitleri oyliw to a copy of the saine, so written out. Unless -0. L a direction is given, or such a requisition is made, the st-Dographer is not bound so to write them out.

$ 85. Each stenographer, specitied in this act, must, upon request, fur ish, with all reasonable diligence and without charge, to the judge bolling a teruu or sitting, which he has atteniled, a cipy written out at length from his stenographic nutes, of the testi Hony and proceedings, or a part thereof, pia at trial or bang, at that term or sitting. But this sextion does not affert : provision of saw, authorizing the

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