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. 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 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.

From ch. 486 of 1871, § 3.

Am'd by ch. 425 of 1886; ch. 760 of 1894; ch. 946 of 1895.

See rules Ct. of Appeals.

See rule 1 (Sup. Ct.).

§ 57. 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.

From Id., §§ 1, 2.

Am'd by ch. 946 of 1895.

See $193.

58. 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.

From Id., § 3, as amended by ch. 260 of 1872.
Am'd by ch. 416 of 1877; ch. 163 of 1893.

§ 59. 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,

ATTORNEYS.

ch. 1, tit. 2 art. 2.

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 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.

From 2 R. S. 287, Part 3, ch.
Am'd by ch. 946 of 1895.

3, tit. 2, $66.

§ 60. Attorneys residing in adjoining States.

A person regularly admitted to practice as attorney and counselor, 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 counselor, although he resides in an adjoining State. But service of 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.

From ch. 175 of 1866, § 1.

See $$ 797-801.

§ 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 counselor in that court.

From 1 R. S. 109, Part 1, ch. 5, tit. 4, § 26.

§ 62. Id.; as to sheriff, etc.

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

From Id., § 27.

§ 63. 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 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 counselor, in the courts of record of the state.

From ch. 484 of 1852, § 1; and Id., ch. 53, § 1.

Am'd by ch. 542 of 1879, and ch. 316 of 1898.
See $1077, Consol. Act.

§ 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 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

20

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.

From Id.; and § 2 of ch. 484.

Am'd by ch. 316 of 1898.

See 1078, Consol. Act.

§ 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.

From 2 R. S. 287. Part 3, ch. 3, tit. 2, § 67.

See §§ 799, 800, and 1302.

§ 66. Attorney or counsel's compensation.

The compensation of an attorney or counselor 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 counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim er counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosoever 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.

From Co. Proc. § 303.

Am'd by ch. 542 of 1879, and 61 of 1899.

§ 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 appellate division shall have power to vacate or modify such order or debarment.

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.

From Id.

Am'd by ch. 528 of 1890; ch. 946 of 1895; ch. 557 of 1896, and ch. 327 of 1903. 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.

From Id., 25.

§ 70. Punishment for deceit, etc.

An attorney or counselor, who is guilty of any deceit or collusion, or consents to any deceit or collusion. with inte..t 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.

From 2 R. S. 287, Part 3, ch. 3, tit. 2, § 63.

§ 71. Id.; for willful delay of action.

An attorney or counselor, 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, treble damages.

From Id., § 69.

§ 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.

From Id., § 70

§ 73. Attorney not to buy claim.

An attorney or counselor 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.

From Id, § 71.

§ 74. Certain loans prohibited.

An attorney or counselor 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. But this section does not apply to an agreement between attorneys and counselors, or either, to divide between themselves the compensation to be received.

From Id., § 72.

Am'd by ch. 542 of 1879.

See § 66.

§ 75. Penalty.

An attorney or counselor, 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.

From Id., § 73

§ 76. Limitation of preceding sections.

The last three sections do not prohibit the receipt, by an attorney or counselor, 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.

From Id., § 74

§ 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 counselor is therein forbidden to do.

From ch. 470 of 1847, part of § 47.

§ 78. Partner of district attorney, etc., not to defend prosecutions.

An attorney or counselor 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 to the prosecution or defence thereof.

From ch. 120 of 1846, § 1.

79. Attorney not to defend when he has been public prosecutor.

An attorney or counselor, 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.

From Id., § 2.

§ 80. Penalty.

An attorney or counselor, 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. From Id., § 3.