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 regularly 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 hundred 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 has 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. terwise becomes disabled to act, at any time before judg- 86. mens in an action, no further procecdag 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. 3 Civ. Pro. § 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, express 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 488. appears for a party has a lien upon his client's cause of 141. action, claim or counterclaim, which attaches to a verdict, Id. 253. report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may 30 Hun, 521. come; and the lien can not 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 determine and enforce the lien. 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. 11 Abb. N. C. 114. 87 Hun, 160. 86 Hun, 159, 88 Hun, 513. 86 N. Y. 563. NY. 641. § 67. [Am'd 1890, 1891, 1895, amendment to take effect January 1, 1896.] An attorney and counselor, who is guilty State Rep. of any deceit, malpractice, crime or misdemeanor, or who is 152 N. Y. 596. guilty of any fraud or deceit in proceedings by which he was 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 counselor-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 any attorney and counselor-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 roi! of attorneys. Upon a reversal of such convic tion, 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 of debarment. § 68. [Am'd 1890, 1895, 1896, amendment to take effect Sep12 NY. 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 he 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 such proceedings to be paid by the county treasurer of the county where the attorney or counselor removed or suspended, or against whom charges were made as aforesaid, ha his last known place of residence or principal place of business, which expenses shall be charged upon such county. § 69. The suspension or removal of an attorney or counsellor, by the supreme court. operates as a suspension or re moval in every court of the State. 270. 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 ient'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. 25 H, 430. $72. If an attorney knowingly permits a person, not be- 52 N. Y. 471 ing 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. 9 App. Div. 135; 21 Id. 201; 22 App. Div. 270. 42 Hun, 490. 102 N.Y.395. 15 Civ. Pro. 8. Id. 424, 24 N. Y. State Rep. 214. 135 $74. [Am'd 1879.] An attorney or counsellor shall not, by himself, or by or in the name of another person, either be- 5 App. Div fore or after action brought, promise or give, or procure to be 324. promised or given, a valuable consideration to any person, as 9 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. 393. 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. 102 N. Y. 395 § 76. The last three sections do not prohibit the receipt, 24 Misc. 393. 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 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, aided, advocated, or prosecuted, or has been in anywise 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, 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 § 90. Certain assistants not to be appointed referees, receivers or commissioners 91. Criers for courts of record. 92. When sheriff, constable, etc., to act as crier. 93. Seals and records of former superior city courts. 91. Interpreter for courts of 96. Duties of persons appointed 98. Id, when not directed. 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. [Am'd 1893] 27 Hun,114. Each stenographer specified in this act musf, 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 julge 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, ma e 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. Such stenographer shall fully note each ruling or decision of the presiding judge, and when the trial is by jury each and every remark or comment of such jadge 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 party excepting thereto, whether the same is made during the charge of the court to the jury or at any other time during the trial. The stenographer 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 notes, taken by a stenog rapher, 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 st-nographer is not bound so to write them out. $85. Each stenographer, specified in this act, must, upon request, fur ish, with all reasonable diligence and without charge, to the judge holling 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 hang, at that term or sitting. But this section does not affect a provision of law, authorizing the 27 Hun, 144 30 Id. 455. |