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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. Code Civ. Pro., § 79.
26 Violation of 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., $ 80.
27 May defend himself in person. This article* does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally. Code Civ. Pro., § 81. 8 N. Y. Supp. 723. 28 Misconduct by attorneys. An attorney or counselor who,
1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party as prohibited by section 70 of the code of civil procedure; or,
2. Willfully delays his client's suit with a view to his own gain; or, willfully receives any money or allowance for or on account of any money which he has not laid out, or become answerable for, as prohibited by section 71 of the code of civil procedure,
Is guilty of a misdemeanor, and in addition to the punishment prescribed therefor by this code, he forfeits to the party injured treble damages, to be recovered in a civil action. Pen. Code, $ 148. 5 C. H. Rec. 79; 36 How. Pr. 378; 1 Wh. Cr. C. 330; 5 Hun, 462; s. c. 50 How. Pr. 373; 19
Alb. L. J. 95; 6 Daly, 111; 4 N. Y. Cr. R. 1, 23; 39 Hun, 364, 1; 36 N. Y. St. R. 55;
13 N. Y. Supp. 224. 29 Permitting attorney's name to be used. If an attorney knowingly permits any person, not being his general law partner or a clerk in his office, to sue out any process or to prosecute or defend any action in his name, except as authorized by the next section, such attorney, and every person who shall so use his name, is guilty of a misdemeanor. Pen. Code, § 149. 31 Barb. 350.
30 Same, when lawful. Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the people, or of any public officer, board of officers, or municipal corporation, on behalf of another party, the attorney-general, or district attorney, or attorney of such public officer or board or corporation may permit any proceeding therein, to be taken in his name by an attorney to be chosen by the party in interest. Pen. Code, ş 150.
31 Forbidden to defend certain prosecution. An attorney, who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of, which is carried on, aided or promoted by a person as district attorney or other public prosecutor, with whom such attorney is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecutor, afterwards directly or indirectly advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise; or who takes or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor. Pen. Code, § 670.
32 May defend themselves. The last section does not affect $$ 78, 79, 80 and 81 of the code of civil procedure, and does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally. Pen. Code, § 671.
* This subject, S$ 1-27.
ADDRESS OF; see New York, $ 101.
$ 7; Courts, $ 24; Offers, 5; Pleadings, 88 3, 43. FOR INFANTS, ETC.; see Condemnation Law, 8 8; Mistakes, $ 1. JUDGE, WHEN DISQUALIFIED; see Judges, & 1. LIABILITY FOR Costs; see Costs, SS 42, 73. MAKING UP JUDGMENT-ROLL; see Judgment, etc., & 38. MISCONDUCT OF; see Arrest, $ 2; Courts, ss 14, 15; Larceny, $ 1; Limitations, $ 49; Rail.
road Law, $ 184; Surrogates' Courts, 8 93. MOTIONS IN COUNTY OF RESIDENCE; See Motions, etc., SS 3, 6. OATH OF; see Public Officers Law, $ 10. OFFICIALS, WHEN TO BE; see Board of Claims, $ 1; Brooklyn, $ 1; County Law, & 202;
New York, S 119. PAPERS FOR GENERAL TERM; see Supreme Court Reporter, $ 4. PAYMENT BY, INTO COURT; see Foreclosure, etc., $ 15. FOR POOR PERSON; see Parties, SS 15, 22. PRIVILEGE FROM ARREST; see Arrest, $ 18. SATISFACTION PIECE BY; see Judgment, etc., 8 60. SERVICE UPON; see Appeals, SS 10, 11; Banking Law, 8 32; Condemnation Law, SS 5, 7, 9,
12, 17; Drainage, SS 46, 48, 51; Insurance Law, ss 13, 14, 26, 27–32, 34, 41, 44, 49, 50, 54, 327; Justices' Courts, $ 69; Pleadings, Ss 3, 7, 43; Real Property Law, $ 316;
Service of Papers. STIPULATIONS BY; see Courts, $ 49; Motions, etc., & 5. FOR TRUSTEES OF VILLAGE; see Villages, $ 45, subd. 5. VERIFICATION BY; see Insurance Law, S 27; Justices' Courts, $ 226; Pleadings, S$ 48, 54. WHO MAY NOT PRACTICE; see Constitution, § 91; Judges, ss 4-6; Justices Courte,
$ 29; Surrogates' Courts, SS 24, 56. See also Agents ; Attorney-General; Counsel; District Attorney. For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1787, c. 85; L. 1801, Revised Acts, c. 32 (1 K. & R. 219); 1 R. L., 1818, c. 48, p. 417; and see 1 R. S. 108, 109, 120; 2 R. S. 275, 276, 287, 288.
ATTORNEY IN FACT. See Agents; Corporations, SS 21, 38; Power of Attorney.
IN GENERAL; see Actions, SS 70, 74, 76, 77.
$ 26. PROCEEDINGS AGAINST CERTAIN CORPORATIONS; see Banking Law, SS 7, 14, 17, 18, 24,
33, 119, 127, 129, 218; Corporations, SS 80, 81, 86, 91, 93, 142; Horses, 14; Insurance Law, SS 43, 76, 207, 208, 237, 239e, 252, 253; Railroad Law, SS 506, 50e, 501, 95, 160, 161: Religious Corporations Law, $ 13; Tax Law, $ 28; Wages, $ 3.
ion, $ 146. Pe Law, 23-25, 27, 29; Pre
ACTIONS, ETC. — (Continued)
PROCEEDINGS TO COMPEL ACCOUNTING BY PUBLIC ADMINISTRATOR; see Executors, etc.,
and Deferred Causes, $ 1.
To VACATE LETTERS-PATENT; see Actions, SS 59-62.
OF CHARTER OF CORPORATION; see Insurance Law, ss 9-11, 157, 158, 200, 206, 230, 231.
OF SALE OF LAND SCRIP; see University Law, $ 58.
OF LAND OFFICE; see Constitution, S 67.
OF NORMAL SCHOOLS; see Normal Schools, $ 14.
tions, SS 140, 149, 153, 154; Receivers.
WINDING UP CORPORATIONS; see Corporations, SS 155–164.
143, 145, 148, 150, 151, 153, 154; Executors, etc., ss 27, 32, 110; Insolvency, $$ 17, 59; Poor Law, $ 119; Public Health Law, $ 2; Real Property Law, $ 5; State
Charities Law, $ 15; Wills, $ 39. OATH BEFORE; see Evidence, $ 17; Public Officers Law, $ 10. OATH OF; see Public Officers Law, $ 10. OPFICIAL BOOKS AND PAPERS FURNISHED TO; see Board of Claims, $ 2; Canal Law, § 15:
Criminal Statistics, $ 7; Fees, $ 11; Legislative Law, SS 46, 47; Miscellaneous
Reporter, & 5; Staté Reporter, $ 5; Stenographers, $ 5. OPINIONS OF; see Death Penalty, $ 4. PRINTING FOR; see Legislative Law, $ 72. REMOVAL OR SUSPENSION OF; see Public Officers Law, $ 22. REPORT OF; see Executive, etc., Law, $ 70. REPORTS TO; see Corporations, $$ 138, 139, 146. RESIGNATION OF; see Public Officers Law, $ 21. SEAL OF; see Public Officers Law, $ 40. SUITS IN NAME OF; see Attorneys, etc., $ 30. TERM OF OFFICE; see Constitution, $ 63. VACANCY IN OFFICE OF; see Public Officers Law, SS 22, 27-31. UNITED STATES ATTORNEY-GENERAL TO APPROVE CERTAIN TITLES; see State Law, $ 37c.
For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under 1 R. L., 1813, c. 4, P. 156; id. c. 66, 87, p. 337 and 2 id. c. 45, 87, p. 1193; also see 1°R. S. 179.
ATTORNMENT. See Real Property Law, SS 194, 213.
AUBURN, CITY OF. For charter and acts relating thereto see Birdseye's Chronological Table of Statutes and Birdseye's Supple. ment, under L. 1879, c. 53.
AUBURN, TOWN OF.
AUCTIONS AND AUCTIONEERS.
et seq. and 136 N. Y. 363. For present provisions, see Domestic Commerce Law, SS 50
54€. OF BUILDING BY BOARD OF HEALTH; see Public Health Law, $ 27. OF CONDEMNED VESSEL; see Port Wardens, $ 5. OF EFFECTS OF DISSOLVED CORPORATION; see Corporations, S 160. EXECUTION SALE BY; see Executions, s8 23–26. Ox FORECLOSURE; see Foreclosuro, etc., 87. OF GRAVESTONE; see Cemeteries, $ 17. OF LAND FOR DRAINAGE ASSESSMENT; see Drainage, $ 13. OF LEASES FOR OYSTER CULTIVATION; see Fisheries, etc., Law, $ 197. LICENSING; see Villages, $ 45, subd. 22. OF LOTS IN CEMETERY; See Membership Corporations Law, S 53. MEMORANDUM OF SALE; see Fraudulent Conveyances, $ 4. By PAWNBROKERS; see Pawnbrokers, SS 8–10. OF PAUPER'S MAINTENANCE; see Poor Law, $ 139. OF PROPERTY OF ABSCONDING PERSON; see Poor Law, S 168. OF PROPERTY OF DISSOLVED SCHOOL DISTRICT; see Consolidated School Law, $ 81. OF PROPERTY DISTRAINED; see Distress. OF PROPERTY OF DECEDENT; see Executors, etc., SS 82, 82a. OF PROPERTY FOR UNPAID Í'axes; see Tax Law, $$ 11, 71, 120, 151; Villages, & 128.. BY PUBLIC ADMINISTRATOR; see Executors, etc., § 29. OF PUBLIC LANDS; see Public Lands Law, S 33. OF REAL PROPERTY DIRECTED BY JUDGMENT; see Partition, § 15; Real Property Law,
§ 361. OF REAL PROPERTY BY EXECUTOR; see Executors, etc., SS 135, 136. OP SECURITIES BY SUPERINTENDENT OF BANKING DEPARTMENT; see Banking Law, $ 72. STATUTES TRANSMITTED TO AUCTIONEERS; see Comptroller, S 10. OF STOCK FOR NON-PAYMENT OF ASSESSMENT; see Banking Law, $ 17. OF STRAYS; see Justices' Court, $ 227; Town Law, SS 126-133. BY TRUSTEES OF INSOLVENT DEBTORS; see Trusts, etc., § 48. OF UNCLAIMED PROPERTY; see Freight and Baggage, SS 3, 6–10; Inns, etc., SS 3-5; New
York Harbor, S 8; Railroad Law, $ 46; Town Law, SS 135, 147; Warehousing, $ 1. UNLAWFULLY FREQUENTING AUCTION Room; see Courts of Special Sessions, $ 1.
See also Sales.
AUDIT AND AUDITORS.
AUGUSTA, Town OF.
AURELIUS, Town OF.
AURORA, Town of.
AUSABLE, Town OF.
Evidence, SS 54-84, 87; Executive Law, $ 26; Executors, etc., S 68; Legislative
176 AUTOMATIC BALLOT CABINETS – BALLSTON, TOWN OF.
AUTOMATIC BALLOT CABINETS.
AVA, Town OF.
AVOCA, Town of.
AVON, Town OF.
AYES AND NOES.
BABYLON, Town OF.
BAIL. See Arrest.
INJUNCTION AGAINST; see Injunction, $ 23.
BAINBRIDGE, Town OF.
BALDWIN, Town OF.
BALLET. See Sunday, $ 15.
BALLOTS AND BALLOT BOXES.
BALLSTON, Town OF.