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$ 53. At the time and place specified in a notice or order, for a party to appear, or for any other proceeding to be taken, or at the time and place specified in the notice to be given, as prescribed in this section, the officer substituted as prescribed in the last section, or in any other provision of law, to continue a special proceeding instituted before 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 officecr, 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 per: sonal service or by publication, in such manner and for such time as the substituted officer directs, to each party who may be effected [affected] 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.
$ 54. A judge of a court of record must, within ten days 78 N Y. 405. after he enters on the duties of his office, make and sign a certificate, stating his age, and the time when his official term will expire, either by completion 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
ATTORNEYS AND COUNSELLORS AT LAW.
69. Removal or suspension, how 66. Examination and admission
to operate. of attorneys.
70. Punishment for deceit, etc. 67. Rules, how changed.
71. Id.; for wilful delay, of ac68. Exemptions to graduates of
tion. certain law schools.
72. Attorney not to iend his 59 Attorney's oath of office, and
name. certificate of admission. 73. Id.; not to buy claim. 60. Attorneys residing in ad- 74. Id.; not to buy suits generjoining States.
ally. 61. Clerks, etc., not to practice. 75. Penalty: 62. Id.; as to sheriff, etc.
76. Limitation of preceding 08. None but attorneys to prac
sections. tice in New York City.
77. Same rule when party pros64. Penalty for violation, or guf.
ecutes in person. fering violation of last 78. Partner of district attorney, section.
eto., not to defend prose66. Death or disability of attor
cutions. ney; proceedings there- 79. Attorney not to defend when upon.
he has been public prose66. Attorney or counsel's com:
cutor. pensation attorney's lien. 80. Penalty. 67. Suspension from practico.
81. Limitation of provisions.
$ 55. A party to a civil action, who is of full age, may prosecute 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.
$ 56. [Amd 1886, 1894, 1895, amendment to take effect January 1, 1996.) A citizen of the State, of full age, applying to be admitted to practice as an attorney or counselor in the courts of records of the State, must be examined and licensed to practice as herein prescribed. A State board of law examiners is hereby created, to consist of three members of the bar, of at least ten years' standing, who shall be appointed, from time to time, by the court of appeals, and shall hold office, as a member of such board, for a term of three years, except under the first appointment, which shall be for terms of one, two anu three years, respectively, until the appointment of his successor. Such court shall prescribe rules providing for a uniform system of examination which shall govern such board of law examiners in the performance of its duties and shall fix the compensation of its members. There shall be examinations of all persons applying for ad. mission to practice as attorneys ni connselors-at-law at least twice in each year in each judicial department, and at sich
other times and places as the court of appeals my direct, Every person applying for such examination shall jay such fee, not to exceed fifteeu dollars, as may be fixed by The court of appeals as necessary to cover the cost of snch ex. amination. On payment of one examination fee the applicant shall be entitled to the privilege of not exceeding three examinations. Such board shall certify to the appellate division of the supreme court, of the department in which each candidate bas resided for the past six months every person who shall pass the examination, provided such person shall have in other respects complied with the rules regulating admission to practice as attorneys and counselors, which fact shall be determined by said board before examination. Upon such certificate, if the appellate division of the supreme court shall find such person is of good moral char. acter, it shall enter an order licensing and admitting him to practice as an attorney and counselor in all courts of the State. Race or sex shall constitute no cause for refusing any person examination or admission to practice Any fraudulent act or representation by an applicant in connection with his application or admission shall be sufficient cause for the revocation of his license by the appellate division of the supreme court granting the same. Such board shall render, during the month of January, an annual account of all their receipts and disbursements, to the court of appeals. The court of appeals may make such provisions as it sball deem proper for adniission of persons who havo been admitted to practice in other states or countries.
$ 57. [Am'd 1895, amendment to take effect January 1, 1896.) The roles established by tbe court of appeals, touching the admission of attorneys and counselors 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 to such 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 appellate division of the supreme court, in each judicial department, and also cause the same to be published in the ext ensuing volume of the session laws.
$ 58. [Am'd 1877, 1893.) Nothing contained in the last two sections provents the court of appeals from dispensing, in the rules established by it, with the whole or any part nfthe stated period of clerkship, required from an applicant, np 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 Colunı bia Col. lege, or of the law department of Hamilton College, or of the law school of the University of Butf»lo, iind the New York Law School, and produces his diploma upon his appli. cation for admission.
$ 59. [Am'd 1895, amendment to take effect January, 1, 1896.) Each person, admitted as prescribed in the last three sec tions, must, upon bis admission, take the constitutional onth of office in open court, and subscribe the same in a roll or book, to be kept in the office of the clerk of the appellate division of 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 uuder 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.
$ 60 A qerson, regulary admitted to practice as attor. ney iti al counsellor, 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, alth'»ugh he resides in an adjoining State. But service of a piper, 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 piper iu a post-office in the city or town where : is office is located, properly inclosed in a post-paid wrapper, direc'ed 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.
$ 62. A sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, constable, coroner, crier, or attendant of a court, shall not, during bis continuance in office, practice as an attorney or counsellor in any court.
1077, Con. sol. Act.
$ 63 None bnt attorneys to practice in New York City [ Amd 1879, 1898, amendment to take effect Septem. ber 1, 1898.] A person shall not ask or receive, directly or