« 上一頁繼續 »
BY SUPERINTENDENT OF BANKING DEPARTMENT; see Banking Law, $ 8.
BEFORE COMMON COUNCIL; see Evidence, $ 90.
BEFORE SUPERVISORS; see County Law, S 29; Evidence, s 29.
For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1786, c. 24; L. 1801, Revised Acts, c. 49 (1 K. & R. 236); 1 R. L., 1813, c. 49, p. 157, and Code of Procedure, L. 1848, c. 379, 88 229-243; and see 2 R. S. 1-14, 230-23:2, 459, 460.
ATTICA, Town OF.
ATTORNEYS AND COUNSELLORS AT LAW. 1. 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 practice of the court. Code Civ. Pro., § 55. 15 Alb. L. J. 124; 7 id. 135; 18 Abb. Pr. 264; 6 Robt. 535; 28 N. Y. 285; 69 id. 96; 77 id.
272; 52 id. 409; 1 L. B. 32; 1 id. 18; 45 N. Y. Super. 588; 45 id. 631; 44 id, 581, aff'd, 81 N. Y. 159; 18 Hun, 49; 14 id. 252; 58 How. Pr. 112, 113; 56 id. 256; 7 Daly, 273,
277; 7 id. 1; 5 Civ. Pro. 26; 6 id. 207; 11 id. 327; 10 id. 28; 21 id. 42, 336. 2 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 couris of records 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. On payment of one examination fee the applicant shall be entitled to the privilege of not exceeding three examinations. Such board shall
boteran of lax fearyears" standing an office, as a m
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. Code Civ. Pro., § 56, as am'd L. 1886, c. 425, L. 1894, c. 760, and L. 1895, c. 946. 40 N. Y. 560; 22 id. 67; 27 Hun, 429, 434; 66 N. Y. St. R. 359.
3 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. Code Civ. Pro., § 57, as am'd L. 1895, c. 946. 27 Hun, 429, 434; 38 N. Y. St. R. 479; 14 N. Y. Supp. 658.
4. Exemptions to graduates of 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. Code Civ. Pro., $ 58, as am'd L. 1877, c. 416, and L. 1893, c. 163.
5 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. Code Civ. Pro., § 59, as am'd L. 1895, c. 946.
6 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. Code Civ. Pro., $ 60.
40 N. Y. 560; 22 How. Pr. 368.
school of thllege, or of "ersity of their
nless he has practice as an attorney York
7 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. Code Civ. Pro., § 61. 7 N. Y. Supp. 338.
8 Same, as to sheriffs, 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 counsellor in any court. Code Civ. Pro., § 62.
9 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. Code Civ. Pro., $ 63, as am'd L. 1879, c. 542. 1 Duer, 637; 1 How. Pr. 66; 3 id. 397; 53 N. Y. 438; 9 Daly, 102; s. c. 58 How. Pr. 313.
10 Punishment for violation or permitting violation. 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 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 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. Code Civ. Pro., § 64. 9 Daly, 102; s. c. 58 How. Pr. 313.
11 Death or disability of attorney as a stay. 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. Code Civ. Pro., § 65. 1 X. Y. 241: 9 How. Pr. 243, 244; 6 Hill, 375; 15 Hun, 375; 23 W. D. 513; 18 Civ. Pro.'
239; 5 X. Y. Supp. 780; 7 id. 338; 11 id. 775; 13 id. 797; 16 id. 610; 70 N. Y. St. R. 166. See Code Civ. Pro., 89 799, 800, 1302.
12 Compensation and lien of attorney. 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 counter-claim, 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. Code Civ. Pro., § 66, as am'd L. 1879, c. 542. 4 E. D. Smith, 253; 1 id. 318; 1 Hilt. 498; 65 Barb. 464; 2 T. & C. 545; 64 N. Y. 642, rey's
4 T. & C. 645; s. c. 2 Hun, 410; 55 N. Y, 319; 51 id. 140; 53 id. 438; 71 id. 443, rev'g 8 Hun, 136; 85 N, Y. 284, 297; 87 id. 521, 525, 550, 560; 37 N. Y. Super. 161; 53 id. 525, 527; 49 id. 89, 93, s. c. 4 Civ. Pro. 44, 51, 52; modifying s. c. 64 How. Pr. 79: 54 N. Y. Super. 8, 13; s. c. 18 Abb. N. C. 11, 15; 54 N. Y. Super. 477, 481; 6 Hun, 237; 22 id. 600; 22 id. 584, rev's 61 How. Pr. 1; 23 Hun, 99; 22 id. 130; 60 How. Pr. 488; 62 id. 363, 394; 30 Hun, 521, 522; 36 id. 79, 87; 37 id. 303, 306; 35 id. 128, 131; 41 id. 235, 237; s. c. 11 civiron cii Civ. Pro. 147, 149; 43 Hun, 484; 18 Abb. N. Č. 23, n.; 10 id. 391, n.;
20 21: s. c. 11 Civ. Pro. 138; 11 id. 114; 8. c. 4.L: 61; 17 Abb. N. C. 388; 18 id, 1; 25 How. Pr. 200; 2 How. Pr. N. S. 343; 2 id. 171; 3 id. 376; 11 W. D. 337: 10 id. 435; 10 id. 450; 16 id. 253; 16 id. 115; 18 id. 106; 18 id. 121; 16 id. 357; 21 id. 529; 67 How. Pr. 267; 2 McC. Civ. P. R. 151; 2 Dem. 466, 468: 4 id. 77; 5 id. 437; 8 Civ. Pro. 353; 3 id. 253; 3 id. 141; 5 id. 146, 148; 7 id. 316, 385. 387; 8 id. 256, 257; 9 id. 241, 242; 11 id. 189, 194: 12 id, 208, 214; 13 id. 32, 35; 12 Daly. 218: . c. 65 How. Pr. 465.' 46618 Cij Pro. 671 941 975.-9.. 5618 Civ. Pro. 67, 241, 272; 19 id. 28, 32, 439: 20 id.
. 32:35:12 Daly, 206; 22 id. 67. 274; 23 id. 204, 261; 112 N. Y. 157; 126 id. 579; 131 id. 200; 69 Hun, 237; 65 id. 452; 78 id. 575; 5 Misc. 334; 86 Hun, 159, 590; 9 Misc. 562; 10 id. 597;
29 Abb. N. C. 252; 30 N. Y. St. R. 536; 34 id. 145; 36 id. 828; 42 id. 857; 46 id. 261; 48 id. 52; 53 id. 353; 55 id. 211; 61 id. 222, 354, 694; 62 id. 85, 127; 63 id. 741; 66 id. 534, 807: 2 N. Y. Supp. 396; 3 id. 387, 662, 803; 4 id. 580; 5 id. 812, 819; 6 id. 445; 7 id. 100; 8 id. 175; 9 id. 218; 12 id. 111; 14'id. 37; 19 id. 371; 20 id. 343; 23 id. 555; 25 id. 505; 29 id. 571, 1071; 30 id. 406; 31 id. 291; 33 id. 1079; 34 id. 785; 36 id. 906.
975; 88 Hun, 513. 13 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-atlaw 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. Code Civ. Pro., 8 67, as am'd L. 1890, c. 528, L. 1891, c. 99, and L. 1895, c. 946. 86 N. Y. 651; 62 id. 198; 82 id. 161, 166; 75 id. 526; 86 id. 563; 59 id. 595; 13 Wall. 335; 3
Paige, 510; 11 id. 526; 48 How. Pr. 246; 22 Wend. 656; 9 W. D. 6; 9'id. 562; 12 Hun,
109, 110; 30 N. Y. St. R. 175; 7 N. Y. Supp. 438; 8 id. 771. 14 Opportunity for defence; expenses. 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. Code Civ. Pro., § 68, as am'd L. 1890, c. 528, L. 1895, c. 946, and L. 1896, c. 557, to take effect September 1, 1896. 13 Wall. 335; 36 N. Y. 651; 12 Hun, 109, 110; 10 W. D. 566.
15 Same: effect of. 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. Code Civ. Pro., § 69. 3 Paige, 510.
16 Penalty 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. Code Civ. Pro., § 70. 39 Hun, 364; 14 id. 588; 4 N. Y. Cr. R. 23; 97 N. Y. 478.
17 Same, for wilful delay or overcharge for disbursements. An attorney or counsellor, 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. Code Civ. Pro., § 71. 39 Hun, 364; 4 N. Y. Or. R. 23.
18 Same, for lending his name. If any 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. Code Civ. Pro., § 72.
19 Attorney, when 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. Code Civ. Pro., § 73. 2 Abb. N. C. 47; 3 Cow. 252; 6 id. 512; s. c. 3 Wend. 120; 1 Cow. 443; 4 id. 567; 12 Wend.
142; 19 id. 557, aff'd, 26 id. 425; 7 Hill, 586, 589; 5 Park. 206; 2 Barb. Ch. 306; 3 id. 630; 9 Barb. 297;'8 Abb. Pr. N. S. 174; s. C. 57 Barb. 398; 2 Keyes, 106; s. c. 3 Abb. Ct. App. Dec. 152; 5 Johns. Ch. 44; 51 Barb. 580; 5 Civ. Pro. 19; 5 id. 38, 39; 9 id. 384, 388; 15 id. 8, 9; 29 Fed. Rep. 396, 397; 100 N. Y. 144, 148, and cases cited; 102 id. 390, 398; 42 Hun, 490, 492; 6 Misc. 396; 39 N. Y. St. R. 135; 53 id. 319; 57 id. 558; 63 id. 533; 1 N. Y. Supp. 555; 2 id. 703; 5 id. 811; 14 id. 910; 18'id. 250; 70 N. Y. St, R.
91. 20 Shall not pay for having claim placed in his hands. 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. But this section does not apply to an agreement between attorneys and counsellors, or either, to divide between themselves the compensation to be received. Code Civ. Pro., $ 74, as am'd L. 1879, c. 542. 29 Fed. Rep. 396, 397; 102 N. Y. 395, 398; 9 Civ. Pro. 384, 388; 11 id. 196, n.; 12 Daly, 263,
1.; s. c. 4 Civ. Pro. 413; 35 N. Y. St. R. 858; 40 id. 661; 63 id. 533; 15 N. Y. Supp.
933; 18 id. 250. 21 Punishment for violating last two sections. 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. Code Civ. Pro., § 75.
13 Daly, 169; 1 N. Y. Supp. 556. For like provisions as to justices of the peace and constables see Justices' Courts, 88 254257.
22 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. Code Civ. Pro., § 76.
23 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. Code Civ. Pro., § 77.
24. 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, districtattorney, 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. Code Civ. Pro., § 78. 4 Misc. 268; 24 N. Y. Supp. 103.
25 Attorney not to defend or take fees in case which he has prosecuted. 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,