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 counterclaim, 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, decison 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. An attorney or counsellor, who is guilty of any deceit, mal-practice, eries, or misdemeanor, may be suspended from practice, or removed from oface, by the supreme court, at a general term thereof. 68. Before an attorney or counsellor 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 defence. 69. 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. 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. An attorney or counselor, we 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. § 72. 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. 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. [am'd 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 or give, or procure to be promised or given, a valuable consideration to any person, as an inducemeat 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. But this section does not apply to an agreement between attorneys and counsellors, or either, to divide between themselves the compensation to be received. 75. An attorney or counsellor, who violates either of the last two secticns, is guilty of a misdemeanor; and, on conviction thereof, shall be punished accordingly, and must be removed from office by the supreme court. 76. 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. The last four sections apply to a person prosecuting an action in person, who does an act, which an attorney or counsellor is therein forbid. den to do. § 78. 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 pros ecuted, 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 defenee thereof. § 79. 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 de fence thereof; or take or receive, either directly or indirectly, from a de. fendant therein, or other person, a fee, gratuity, or reward, for or upon any cause, consideration, pretence, understanding, or agreement, either ex press or implied, having relation thereto, or to the prosecution or defence thereof. § 80. 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. This article does not prohibit an attorney 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 PROVISION CONCERNING OFFICERS OF THAT DESCRIPTION, ATTACHED TO TWO OR More Courts, 82 Qualifications of stenographer. General duty of stenographer; 84. Notes. how preserved; when written out. 5. Stenographers to furnish gratuitously copies of proceedings to judge. 86. To furnish like copies to parties, district-attorney and AttorneyGeneral; 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. County judge to appoint crier. 91. Clerk of Dutchess county to be crier in that county. 92. When sheriff, constable, etc., to act as crier. 93. Attendants upon courts in New York city. 94. Interpreter for courts of record 95. Attendants and messengers, how 97. Sheriff, when directed, to require 98. Id.; when not directed. Penalty for neglect of officer attend court. 99. § 82. 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. 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 pro-ceedings 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. 84. The original stenographic notes, taken by a stenographer, are part of the proceedings in the cause; and, unless they are filed, pursuant to ar order, made as prescribed in the last section, they must be carefully preserved by the stenographer, fer 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 written out. Unless such a direction is given, or such a requisition is made, the stenographer is not bound so to write them out. 85. 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 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. 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 stenographie 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 Attorney-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. 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 ike effect, as if they had been taken by him. § 88. 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. [am'd 1879.] Each county clerk may, 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. § 90. [new 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. [am'd 1883] The county judge of each county, except Kings, 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. $ 92. A sheriff, deputy-sheriff, 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. [am'd 1884, 1889.] The judges or a majority of them of each of the following named courts, to-wit: the supreme court within the first judicial district; the court of common pleas for the city and county of New York, and the superior court of the city of New York, from time to time may appoint and at pleasure remove such attendants upon the court of which they are respectively members, including where the justices of the supreme court make the appointment, the circuit court, and the court of oyer and terminer, as they think necessary for the due transaction of the business thereof; not exceeding five attendants for each part and four for the general term. The justices of the supreme court within the first judicial district may. upon the request of any justice, designate one of the said court attendants to also act as clerk of such justice for such time as they may designate, and the attendant so designated shall receive but one salary for his services as both attendant and justice's clerk, to be fixed by the board of estimate and apportionment of the city of New York. § 94. [am'd 1877.] The board of supervisors of the county of Kings may appoint an interpreter, to attend the terms of the courts of record, except the county court, held in that county, at which issues of fact are riable; who shall hold his office during good behavior. 95. The following judges, to wit: the justices of the supreme court for the second judicial district, residing in Kings county, or a majority of them; the judges of the city court of Brooklyn, or a majority of them; the county judge of Kings county; and the surrogate of Kings county; may designate how many attendants and messengers, for the appointment of when no provision is otherwise made by law, are required to attend upon the terms and sittings of the courts, of which they are respectively members; including, where the justices of the supreme court make the designation. the circuit court and court of over and terminer. Notice of each designation must be given to the sheriff of Kings county, by the clerk of the court. The sheriff must thereupon appoint as many qualified persons, to fill those offices for each court, as the judges thereof have designated. The number of those officers may, from time to time, be increased or diminished, and new appointments may be made, in like manner. A person so appointed may be removed from office, by the judge of the court to which he is as signed; or, if he is assigned to the supreme court, or the city court of Brooklyn, by a majority of the judges; and the sheriff shall not re-appoint, for the same court, a person so removed. 96. Each of the persons, appointed as prescribed in the last section, must attend, from day to day, the terms and sittings, within the county of Kings, of the court to which he is assigned, to preserve order, and to perform whatever services may be required of him, by the judge presiding thereat. 97. The sheriff of each county, except New York and Kings, must, within a reasonable time before the sitting, in his county, of a special term of the supreme court, or a term of the circuit court, county court, court of oyer and terminer, or court of sessions, notify, in writing and personally, as many constables his county, as he has been directed to notify, by the court, or the judge wno is to hold or preside at the term, to appear and attend upon the term, during its sitting. 98. If such a direction has not been given by the court or the judge, the sheriff may in like manner notify as many constables, as he deeras necessary, for the purpose specified in the last section. 99. Each constable seasonably notified, as prescribed in the last two sections, mut attend the term accordingly; and for each day's neglect, he may be fined by the court, at the term which he was notified to attend, a sum not exceeding five dollars. CHAPTER II. POWERS, DUTIES AND LIABILITIES OF A SHERIFF, OR OTHER MINISTERIAL OFFICER IN THE EXECUTION OF THE PROCESS OR OTHER MANDATE OF A COURT OR JUDGE, IN A CIVIL CASE. TITLE I-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MANDATES GENERALLY. TITLE II.-PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF, OF A MANDATE AGAINST THE PERSON. TITLE III-APPLICATION OF THE FOREGOING PROVISIONS TO THE PROCEEDINGS OF A CORONER. TITLE IV.-POWERS, DUTIES, AND LIABILITIES OF AN INCOMING AND OUT GOING SHERIFF, RESPECTIVELY, TOUCHING THE MATTERS IN CLUDED IN THIS CHAPTER. TITLE I. Provisions relating to the execution of civil mandates generally. 100. Sheriff to furnish certain minute. 101. Copy of process, etc., to be de livered when served. 102. Sheriff to execute process, etc.; may return by mail. § 103. Penalty for neglect in specia proceedings. 104. Sheriff may summon the power of the county, to overcome re sistance. |