not officiate or take part, as a member of that court, in any of the proceedings therein. An ex-officio judge shall not, directly or indirectly, be interested in the costs, or the compensation of an attorney or counsellor, in the court of which he is ex-officio a judge. $ 50. Judge's partner or clerk not to practice before him, judge not to practice in a cause which has been before him. [AMENDED BY CH. 416 OF 1877.] The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. A judge shal! not act as attorney or counsellor in any action or special proceeding, which has been before him in his official character. $51. Judge not to take fees for advice in certain cases. A judge or other judicial officer, shall not demand or receive a fee or other compensation, for giving his advice in a matter or thing pending before him, or which he has reason to believe will be brought before him for decision; or for preparing a paper or other proceeding, relating to such a matter or thing; except a justice of the peacc, in a case where a fee is expressly allowed to him by law. $52. Substitution of one officer for another in a special proceeding. In case of the death, sickness, resignation, removal from office, absence from the county, or other disability of an officer before whom or in whose court a special proceeding has been instituted, where no express provision is made by law for the continuance thereof, it may be continued before the officer's successor, or any other officer residing in the same county, before whom it might have been originally instituted; or, if there is no such officer in the same county or in case such officer be disqualified, then before an officer in an adjoining county, who would originally have had jurisdiction of the subject matter. if it had occurred or existed in the latter county; and in case such special proceeding be pending in a county court and the county judge of the county be disqualified to hear and decide the same, then in such case all further proceedings therein may be had in the county court of any adjoining county, which court shall have jurisdiction to hear, try and determine the same and to enforce its order. [AM'D BY CH. 378 OF 1899. In effect Sept. 1, 1899.] $53. Proceedings before substituted officer. 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 officer, at a time or place, other than that specified in the original notice or order, until notice of the substi tution, and of the time and place appointed for the proceeding to be taken, has been given, either by personal service or by publication, in such manner and for such time as the substituted officer directs, to each party who may be effected 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 tho notice to appear before the substituted officer, as the case requires. $54. Judge to file certificate of age, etc. A judge of a court of record must, within ten days 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. So in the original at margin of page. ARTICLE SECOND. ATTORNEYS AND COUNSELLORS AT LAW SECTION 55. Party may appear in person or by attorney. 56. Examination and admission of attorneys. 57. Rules, how changed. 58. Exemptions to graduates of certain law schools. 59. Attorney'з3 oath of office, and certificate of admission. 60. Attorneys residing in adjoining States. 61. Clerks, etc., not to practice. 62. Id.; as to sheriff, etc. 63. None but attorneys to practice in New York and Kings counties. 65. Death or disability of attorney; proceedings thereupon. 66. Attorney or counsel's compensation. 67. Removal or suspension for malpractice, etc. 76. Limitation of preceding sections. 77. Same rule when party prosecutes in person. 78. Partner of district attorney, etc., not to defena prosecutions. 79. Attorney not to defend when he has been public prosecutor. 80. Penalty. 81. Limitations of provisions. $55. Party may appear in person or by attorney. 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 prac tice of the court. § 56. Examination and admission of attorneys. A citizen of the State, of full age, applying to be admitted to practice as an attorney or counsellor 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 ap. peals, 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 counsellors 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 counsellors, 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 counsellor 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. [AM'D BY CH. 946 or 1895. In effect Jan. 1, 1896.] 57. Rules, how changed. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of record of the state, A shall not be changed or amended, except by a majority of the judges of that court. 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] $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. [AM'D BY 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, 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] $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 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. $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. $62. Id.; as to sheriff, etc. A sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, constable, coroner, crier, or attendent of a court, shall not, during his continuance in office, practice as an attorney or counsellor in any court. 863. None but attorneys to practice in New York city.-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 counsellor, in the courts of record of the state. [AM'D BY CH. 316 OF 1898. In effect June 1, 1898.] § 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 prac 13 tice 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. [AM'D BY CH. 316 OF 1898. In effect June 1, 1898.] § 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 counsel's compensation; lien therefor. 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 counterclaim, 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. [AM'D BY CH. 61 OF 1899. In effect Sept. 1, 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 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. 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. [AM'D BY CH. 557 of 1896. In effect Sept. 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. Punishment 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, treble damages. 14 § 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 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. § 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. § 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, 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 relatien thereto, or to the prosecution or defence thereof. $0. Penalty. An attorney or counsellor, who violates either of the last wo sections, is guilty of a misdemeanor; and on conviction thereof, shall be nished accordingly, and must be removed from office by the supreme court. $81 Limitation of provisions. This article does not prohibit an attor Ley or counsellor from defending himself in person, if prosecuted either civilly or criminally. 15 |