Kings, who knowingly permits to practice in his court, a person who has not been regularly admitted 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. § 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. $66. Attorney or counsellor's compensation; lien of upon cause of action for. [AMENDED BY CH. 542 OF 1879.] 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 a counter-claim, 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. § 67. 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 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 appellare division shall have power to vacate or modify such order or debarment. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 68. 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, 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 69. Removal or suspension; how to operate. The suspension or removal of an attorney or counsellor, by the supreme court, operates as a suspension or removal in every court of the State. $70. Funishment for deceit, etc. 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. Id.; for willful delay of action. An attorney or counsellor, who willfully delays his client's cause, with a view to his own gain, or willfully 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, treblə damages. $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 sued out, or the action prosecuted or defended, the sum of fifty dollars, to be recovered in an action. $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. $74. Certain loans prohibited. [AMENDED BY CH. 542 OF 1879.] An attorney or counsellor shall not, by himself, or by or in the name of another person, either before or after action brought, promise to give, or pro cure 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. But this section does not apply to an agreement between attorneys and counselors, or either, to divide between themselves the compensation to be received. § 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. § 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. § 77. Same rule when party prosecutes in person. 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. 781 § 78. Partner of district attorney, etc., not to defend prosecutions. An attorney or counsellor shall not, directly or indirectly, advise concerning ver 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, 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 to the prosecution or defence thereof. $ 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 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, understanding or agreement, either express or implied, having relation thereto, or to the prosecution or defence thereof. § 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. $81. Limitation of provisions. This article does not prohibit an attor-Te ney or counsellor from defending himself in person, if prosecuted either civilly or criminally. 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. SECTION 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. compensation. 87. These sections applicable to assistant stenographers. 88. Supervisors to provide for compensation, etc., of stenographers. 89. County clerk to appoint special deputy to attend courts. 90. Clerk in New York and Kings not to be referee, etc. 91. Crier of courts of record in certain counties. 92. When sheriff, constable, etc., to act as crier. 93. Attendants upon courts in New York city. 94. Interpreter for certain courts of record in Kings county 95. Attendants and messengers, how appointed in Kings county 96. Duties of persons appointed under last section. 97. Sheriff, when directed, to require constables, etc., to attend courts. 99. Penalty for neglect of officer to attend court. § 82. Qualifiications of stenographer. 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. General duty of stenographer; notes, when to be filed. Each stenographer specified in this act must, 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 judge 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, 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 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 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 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. [AM'D BY CH. 388.] 84. Notes, how preserved; when written out. The original stenographic notes, taken by a stenographer, 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 writ ten out. Unless such a direction is given, or such a requisition is made, the stenographer is not bound so to write them out. § 85. Stenographers to furnish gratuitously copies of proceedings, to judge. Each stenographer, specified in this act, must, upon request, furnish, with all reasonable diligence and without charge, to the judge holding 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 hearing, at that term or sitting. But this section does not affect a provision of law, authorizing the judge to direct a party or the parties to an action or special proceeding, or the county treasurer, to pay the stenographer's fees for such a copy. $ 86. To furnish like copies to parties, district-attorney and Attorney-General; compensation. Each stenographer, specified in this act, must likewise, upon request, furnish with all reasonable diligence, to the defendant in a criminal cause, or a party, or his attorney in a civil cause, in which he has attended the trial or hearing, a copy, written out at length from his stenographic notes, of the testimony and proceedings, or a part thereof, upon the trial or hearing, upon payment, by the person requiring the same, of the fees allowed by law. If the district-attorney or the attor ney-general requires such a copy, in a criminal cause, the stenographer is entitled to his fees therefor; but he must furnish it, upon receiving a certificate of the sum to which he is so entitled; which shall be a county charge, and must be paid by the county treasurer, upon a certificate, like other county charges. $ 87. These sections applicable to assistant stenographers The provisions of the last five sections are also applicable to each assistant stenographer, now in office, or appointed or employed, pursuant to any provision of this act; except that the stenographic notes, taken by an assistant-stenographer, must, if he dies or his office becomes otherwise vacant, be delivered to the stenographer, to be held by him with like effect, as if they had been taken by him. $88. Supervisors to provide for compensation, etc., of stonographers. The board of supervisors of each county must provide for the payment of the sums chargeable upon the treasury of the county, for the salary, fees, or expenses of a stenographer or assistant-stenographer; and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums. § 89. Clerk of appellate division and special deputy clerks. The justices of the appelate division in each department shall, from time to time, appoint and shall have the power to remove a clerk, who shall keep his office at a place to be designated by the said justices. Each county clerk may, subject to the approval of the justices of the supreme court residing within the judicial district, of the appointee, from time to time, by an instrument in writing, filed in his office, appoint, and at pleasure remove, one or more special deputy clerks to attend upon any or all of the terms or sittings of the courts of which he is clerk. Each person so appointed must, before he enters upon the duties of his office, subscribe and file in the clerk's office, the constitutional oath of office; and he possesses the same power and authority as the clerk at any sitting or term of the court which he attends with respect to the business transacted thereat. The provisions of this section shall not apply to the first judicial department. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] $ 90. Clerk in New York, or Kings, not to be referee, etc. [ORIGINAL SECTION CONSOLIDATED WITH SECTION 91, AND PRESENT SECTION INSERTED BY CH. 416 OF 1877.] No person holding the office of clerk, deputy-clerk special deputy-clerk, or assistant in the clerk's office, of a court of record or of the surrogate's court, within either of the counties of New York or Kings, shall hereafter be appointed, by any court or judge, a referee, receiver or commissioner, except by the written consent of all the parties to the action or special proceeding, other than parties in default for failure to appear or to plead. § 91. Criers for courts of record. The county judge of each county except Kings and Erie, from time to time, may appoint and at pleasure remove, a crier for the courts of record held in his county, who is entitled to a compensation fixed and to be paid as prescribed by law. The justices of the supreme court residing in the eighth judicial district, together with the county judge of Erie county, or a majority of them, shall appoint, and may at pleasure remove one or more criers for all the courts of record held in said county of Erie. Such criers appointed for Erie county shall each receive one thousand dollars a year, to be paid in equal monthly payments by the treasurer of Erie county, in full compensation for all services rendered by them. [AM'D BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.] $92. When sheriff, constable, etc., to act as crier. A sheriff, deputysheriff, or constable, attending a term of a court of record, must, when required by the court, act as crier therein; and he is not entitled to any additional compensation for that service. § 93. Seals and records of former superior city courts. The seals, books, files, records, papers and documents of the superior court of the city of New York, the court of common 'pleas for the city and county of New York, the superior court of Buffalo and the city court of Brooklyn, shall be deposited in the offices of the clerks of the several counties in which said courts have heretofore existed, and shall be kept and preserved by said clerks separate and apart from the other books, records, papers and documents in their respective offices, and shall be kept in charge of special deputy clerks, to be designated by said county clerks, so as to be readily accessible for inspection. [A'MD BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.] § 94. Interpreters for courts of record in Kings county. The board of supervisors of the county of Kings may appoint an interpreter or interpreters, to attend the terms of the courts of record, except the county court, held in that county, at which issues of fact are triable; who shall hold office during good behavior. [AM'D BY CHAP. 724 OF 1895. In effect June 12, 1895.] See post, p. 734. 18 |