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either by special provision of law, or by the course and practice of the court.
$56. [Amended, 1895.] Examination and admission of attorneys.-A citizen of the State, of full age, applying to be admitted to practice as an attorney or counselor in the courts of record 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 and 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 admission to practice as attorneys and counselors-at-law at least twice in each year in each judicial department and at such other times and places as the court of appeals may direct. Every person applying for such examination shall pay such fee, not to exceed fifteen dollars, as may be fixed by the court of appeals as necessary to cover the cost of such examination. 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 has 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 character, 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 shall deem proper for admission of persons who have been admitted to practice in other States or countries.
In effect Jan. 1, 1896; L. 1895, ch. 946.
§ 57. [Amended, 1895.] Rules, how changed.The rules established by the 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 next ensuing volume of the session laws.
In effect Jan. 1, 1896; L. 1895, ch. 946.
§ 58. [Amended, 1893.] Exemptions to graduates of certain law schools.- Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship, required from an applicant, or 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 Columbia College, or of the law department of Hamilton College, or of the law school of the University of Buffalo, and the New York law school, and produces his diploma upon his application for admission.
In effect, as amended, March 21, 1893; Laws 1893, ch. 169.
$59. [Amended, 1895:]
Attorney's oath of office, and certificate of admission.- Each person, admitted as prescribed in the last three sections, must, upon his admission, take the constitutional oath 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 adinitted, 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.
In effect Jan. 1, 1896; 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 resi dence, 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. 1866, ch. 175, 1 (6 Edm. 706). See Matter of Henry, 40 N. Y. 560, Richardson v. Railroad Co., 22 How. 368; Matter of Mosness, 20 Am. Rep. 55.
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 attor ney or counsellor in that court.
1 B. S. 109, 26, am'd.
§ 62. Sheriffs, etc., not to practice. A sheriff, under sheriff, deputy-sheriff, sheriff's clerk, constable, coroner crier, or attendant of a court, shall not, during his con
tinuance in office, practice as an attorney or counsellor in any court.
1 R. S. 109, 27, extended.
§ 63. [Amended, 1879.] None but attorneys to practice in New-York and Kings counties. A person shall not ask or receive, directly or indirectly, compensation for appearing as attorney in a court in the city and county of New-York, or in the county of Kings, or make it a business to practice as an attorney in a court in either of those counties, 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, 3 1; and id., ch. 53, 1. Roy v. Harley, 1 Duer, 637; Parow v. Cary, 1 How. 66; Weir v. Slocum, 3 id. 397; Harland v. Lilienthal, 53 N. Y. 438.
§ 64. 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 hundred dollars, or more than two huudred and fifty dollars, or by both such fine and imprisonment. A judge or justice of the peace, within the city and county of New-York, or the county of Kings, who knowingly permits to practice in his court, a person who has not been regularly admmitted to practice in the courts of record of the 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 2 of ch. 454.
65. Death or disability of attorney; proceedings thereupon.- 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. 293). Jewell v. Schouten, 1 N. Y. 241; Diefendorf v. House, 9 How. 244: Chautauque County Bank v. Risley, 6 Hill, 375. See post, 22 799, 800, 1302.
$ 66. [Amended, 1879.] 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 the service of an answer containing 2 counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever hands they may come; and cannot be affected by any settlement between the parties before or after judgment.
Co. Proc., § 303. Cook v. Ritter, 4 E. D. Smith, 253; Garr v. Mairet, 1 Tilt. 498; Garfield v. Kirk, 65 Barb 464; Burling. King, 2 T. & C. 545: Sussdorf v. Schmidt, 55 N. Y. 319; Haight e. Moore, 37 Supr. 161; How
land v. Taylor, 6 Hun, 237; Marshall v. Meech, 51 N. Y. 140; Coughlin v. N. Y. C. & H. R. R. R, 8 Hun, 136; Harland v. Lilienthal, 53 N. Y. 438; Holmes v. Goodwill, 4 T. & C. 645; s. c., 2 Hun 410; Easton v. Smith, 1 E. D. Smith, 318; Cregier v. Cheesbrough, 25 How. 200.
§ 67. [Amended, 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 sha victed of a felony, shall, upon such conviction, cease to be an attorney and counselor-at-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.
In effect Jan. 1, 1896, L. 1895, ch. 946. In re Percy, 36 N. Y. 651; Bradley v. Fisher, 13 Wall. 335; Ex parte Peterson, 3 Paige, 510; Ex parte Niles, 48 How. 216; Anon, 22 Wend. 656; Saxton v. Stowell, 11 Paige, 526; Stryker's Case, 1 Wh. C. Cas. 330; Niven's Case, id. 337; Matter of Kelly, 62 N. Y. 198; Matter of Gale, 75 id. 426; Maiter of Eldridge, 9 Week. Dig. 563; Matter of an Attorney, 86 N. Y. 563.
68. [Amended, 1895.] Must be on notice.Before an attorney or counselor is suspended or removed, as prescribed in section, a copy of the
must be delivered to him, and he must be allowed an opportunity of being heard in his defense. The presiding justice of the appellate division making the order of reference in such charges may make an order directing the expenses of such proceedings to be paid out of any moneys applicable thereto.
In effect Jan. 1, 1896; L. 1895, ch. 946. See Bradley v. Fisher, 13 Wall. 335; In re Percy, 36 N. Y. 651; 1 Wait's Act. and Def. 474.
§ 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. Matter of Peterson, 3 Paige, 510.
870. Punishment for deceit, etc.-An attorney or counselor, 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.
2 R. S. 287, § 68 (3 R. S., 5th ed., 477; 2 Edm. 298).
§ 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.
thirty days must be computed from the expiration of the definite time.
2 R. S. 276, 11. Macy v. Jordan, 2 Dento, 570; People v. Spalding, 16 Paige, 284; People v. Fancher, 4 T. & C. 467; s. c., 2 Hun, 226; Matter of Watson, 5 Lans. 466; Klugman's Case, 49 How. 484; Matter of Jacobs, 1. 370; People v. Sturtevant, 9 N. Y. 263; affirming 1 Duer, 612; Hull v. L'Eplatinier, 5 Daly, 534.
10. Such contempts in view of court; how punished, etc. Such a contempt, committed in the immediate view and presence of the court, may be punished summarily ;(1) when not so committed, the party charged must be notified of the accusation, and have a reasonable time to make a defence.(2)
Id., 12. (1) People v. Kelly, 24 N. Y. 74; People v. Wilson, 16 Am. Rep. 52; 7 Alb. L. J. 129. (2) People v. Oyer and Terminer, 27 low. 14: Ackroyd v. Ackroyd, 3 Daly, 38; Matter of Smethurst, 2 Sandf. 724; Pitt e. Davison, 37 N. Y. 235.
§ 11. Requisites of commitment.-Where a person is committed for such a contempt, the particular circumstances of his offence must be set forth in the mandate of commitment.
Id., 13. Dewitt v. Dennis, 30 How. 131; People v. Fancher, 4 T. & C. 167; People v. Connors, 15 Abb. N. S. 430.
§ 12. Preceding sections limited. The last four sec tions do not extend to a special proceeding to punish a person, in a case specified in section 14 of this act.
§ 13. Indictment, if offence is indictable. Punishment for a contempt, as prescribed in this article, does not bar an indictment for the same offence; but where a person who has been so punished is convicted on such an indictment, the court, in sentencing him, must take into consideration the previous punishment.
§14. Contempts punishable civilly. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other mis conduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in either of the following cases:
1. An attorney,(1) counsellor, clerk, sheriff, (2) coro ner, or other person, in any manner duly selected or appointed to perform a judicial or ministerial ser t