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.

L. 1895, ch. 946.

§ 60. Attorneys residing in adjoining states.

A person, regularly admitted to practice as attorney and 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, 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 located, properly inclosed in a postpaid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him.

L. 1860, ch. 175, § 1 (6 Edm. 706).

61. Clerks, etc., not to practice.

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.

1 R. S. 109, § 26, am'd.

62. Sheriffs, etc., not to practice.

A sheriff, under sheriff, deputy-sher ff, sheriff's clerk, constable, coroner, crier, or attendant of a court, shall not, during his continuance in office, practice as an attorney or counsellor in any

court.

Id., § 27, extended.

§ 63. [Am'd, 1879, 1898.] None but attorneys to practice in New York city.

A person shall not ask or receive, directly or indirectly, com pensation 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.

L. 1862, ch. 484, § 1; and id., ch. 53, § 1; L. 1898, ch. 316. In effect June 1, 1898.

§ 64. [Am'd, 1898.] Penalty for violation, or suffering violation of last section.

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 handred 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.

Id.: and of ch. 484; L, 1898, ch. 316. In effect June 1, 1898.

65. Death or disability of attorney; proceedings thereпроп.

If an attorney dies, is removed or suspended, or otherwise becomes disabled to act, at any time before judgment in an action, no further proceeding 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.

2 R. S. 287, § 67 (3 R. S., 5th ed., 477; 2 Edm. 298).

§ 66. [Am'd, 1879, 1899.] Attorney's and counsellor's compensation.

The compensation of an attorney or counsellor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action or special proceeding, or the service of an answer containing a counter claim, 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 can not 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.

Co. Proc., 303; L. 1899, ch. 61. In effect Sept. 1, 1899.

§ 67. [Am'd, 1895.] Suspension from practice.

An attorney and counselor, who is guilty of any deceit, malpractice, crime or misdemeanor, or, who is 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 counselorat-law, 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 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 of debarment. L. 1895, ch. 946.

§ 68. [Am'd, 1895, 1896, 1903.] Must be on notice.

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 personally or, in case it is established to the satisfaction of the court, that he cannot be served within the state, the same may be served upon him without the state by mail or otherwise as the court 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 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 appellate 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, had his last known place of residence or principal place of business, which expenses shall be a charge upon such county.

L. 1895, ch. 946; L. 1896, ch. 557; L. 1903, ch. 327. In effect Sept. 1, 1903. § 69. Removal or suspension, how to operate.

The suspension or removal of an attorney or counselor, by the supreme court, operates as a suspension or removal in every court of the state.

1 R. S. 109, first clause of § 25.

§ 70. Punishment for deceit, etc.

An attorney or counselor, who is guilty of any deceit or collnsion, 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. 2 R. S. 287, § 68 (3 R. S., 5th ed., 477; 2 Edm. 298). See Penal Code, § 148. $ 71. Id.; for wilful delay of action.

An attorney or counselor, who wilfully delays his client'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.

Id., § 69. See Penal Code, § 148.

§ 72. 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 sned out, or the action prosecuted or defended, the sum of fifty dollars, to be recovered in an action. Id., § 70, am'd.

§ 73. 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. Id., § 71.

§ 74. [Am'd, 1879, 1907.] 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.

Id., § 72. Am'd L. 1907, ch. 700. In effect Sept. 1, 1907.

§ 75. 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.

Id., § 73.

76. 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, 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.

2 R. S. 287, § 74.

§ 77. [Am'd, 1907.] Same rule when party prosecutes in

person.

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 counseller is therein forbidden to do.

L. 1847, ch. 470. part of § 47 (4 Edm. 590), Am'd L. 1907, ch. 700. In effect Sept. 1, 1907.

78. 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.

L. 1846, ch. 120, § 1 (4 Edm, 554), am'd, See Penal Code, § 670.

§ 79. 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. Id., 2, am`d. See Penal Code, § 670.

80. 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.

Id., § 2.

§ 81. Limitation of provisions.

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

Id., § 4. See Penal Code, § 671.

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.

Bec. 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. 86. To furnish like copies to parties, district-attorney, attorney-general, or presiding judge; compensation.

87. These sections applicable to assistant-stenographers.

88. Supervisors to provide for compensation, etc., of stenographers.

89. Clerks of appellate division and special deputy clerks.

90. Clerk in New-York or Kings, not to be referee, etc.

91. Criers for courts of record.

92. When sheriff, constable, etc., to act as crier.

93. Custody, charge and control of the seals, books, files, records, papers, etc.

94. Interpreter for courts of record in Kings and Queens counties.

95. Attendants and messengers, how appointed in Kings, Queens and Richmond counties.

96. Duties of persons appointed under last section.

97. Sheriff, when directed, to notify constables, etc., to attend courts. 8. Id., when not directed.

99. Penalty for neglect of officer to attend court.

§ 82. [Am'd, 1903.] Qualifications of stenographers. 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. No stenographer of any court in this state shall be, or become, interested, directly or indirectly, as contracting party, partner, stockholder or otherwise, in, or in the performance of, any contract, work or business relating to the preparation or printing of any case, or any case and exceptions, or any case containing exceptions on appeal, or any bill of exceptions, or papers on appeal from non-enumerated motions, or briefs or points of counsel in any case in any court of this state. If any such stenographer shall be, or become, so interested in any such work of preparation or printing, unless the same shall be devolved upon him by law, he shall forfeit his office.

L. 1903, ch. 467. In effect Sept. 1, 1903.

§ 83. [Am'd, 1893, 1902.] General duty of stenographers; notes when to be filed.

Each stenographer specified in this act must, take full stenographic notes of the testimony and of all other proceedings in each cause tried or heard. 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. Such stenographer shall take complete stenographic notes of each ruling or decision of the presiding judge, and when the trial is by jury each 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. In case of an appeal,