« ForrigeFortsett »
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. Attorney $ 73. An attorney or counsellor shall not, directly or indirectly, buy, not to buy claim. 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. Certain 8 74. An attorney or counsellor shall not, by himself, or by or in the hibited. 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. Penalty. $ 75. 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 su
preme court. Limitation § 76. The last three sections do not prohibit the receipt, by an attorof preced
ney or counsellor, of a bond, promissory note, bill of exchange, bookdebt, 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. Same rule 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
forbidden to do. person. Partner of 8 78. An attorney or counsellor shall not, directly or indirectly, addistrict at- vise concerning, aid, or take any part in, the defence of an action or etc., not to special proceeding, civil or criminal, brought, carried on, aided, advo
cated, or prosecuted, as Attorney-General, district-attorney, or other tions. 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, hav
ing relation thereto, or to the prosecution or defence thereof. Attorney 879. An attorney or counsellor, who has brought, carried on, aided, Fent towhen advocated, or prosecuted, or has been in anywise connected with, an he has been action or special proceeding, civil or criminal, as Attorney-General, public prosecutor. district-attorney, or other public prosecutor, shall not, at any time there
after, 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 prose
cution or defence thereof. Penalty. $ 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 su
preme court. Limitation of provis
8 81. This article does not prohibit an attorney or counsellor from ions. defending himself in person, if prosecuted either civilly or criminally.
when party prosecutes in
GENERAL PROVISIONS CONCERNING CERTAIN MINISTERIAL OFFICERS, CONNECTED WITH
THE ADMINISTRATION OF JUSTICE ; AND SPECIAL PROVISIONS CONCERNING OFFICERS
OF THAT DESCRIPTION, ATTACHED TO TWO OR MORE COURTS.
83. General duty of stenographer ; notes, when to be filed.
eral ; compensation.
8 82. Each stenographer, specified in this act, is an officer of the qualificacourt or courts, for or by which he is appointed; and, before entering stenograupon the discharge of his dạties, must subscribe the Constitutional oath pher. 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.
8 83. Each stenographer, specified in this act, must, under the di- General rection of the judge, presiding at or holding the term or sitting which setore he attends, take full stenographic notes of the testimony, and of all pher; other proceedings, in each cause tried or heard thereat, except when when to be the judge dispenses with his services in a particular cause, or with re- tiled. spect to a portion of the proceedings 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, forth with or within a specified time, the original stenographic notes, taken upon a trial or hearing; whereupon the stenographer must file the same accordingly.
8 84. The original stenographic notes, taken by a stenographer, are Notes, how part of the proceediugs in the cause; and, unless they are filed, pur-when werii. suant to an order, made as prescribed in the last section, they must be ten out. carefully preserved by the stenographer, for 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.
TITLE 2. Stenogra.
$ 85. Each stenographer, specified in this act, must, upon request, phers to furnish, with all reasonable diligence and without charge, to the judge furnish gratuit
holding a term or sitting, which he has attended, a copy, written out ously at length from his stenographic notes, of the testimony and proceedcopies of proceed. ings, or a part thereof, upon a trial or hearing, at that term or sitting. ings, to judge.
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. To furnish 8 86. Each stenographer, specified in this act, must likewise, upon to parties, request, furnish, with all reasonable diligence, to the defendant in a district ati 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 general;
his stenographic notes, of the testimony and proceedings, or a part tion. thereof, upon the trial or hearing, upon payment, by the person requir
ing 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.
8 87. The provisions of the last five sections are also applicable to cable to as each assistant-stenographer, now in office, or appointed or employed,
pursuant to any provision of this act; except that the stenographic phers.
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 like effect, as if they had been taken by him. Supervi. 8 88. The board of supervisors of each county must provide for the
payment of the sums chargeable upon the treasury of the county, for compensa- the salary, fees, or expenses of a stenographer or assistant-stenographer ; oi' stenog.
and all laws relating to raising money in a county, by the board of raphers.
supervisors thereof, are applicable to those sums. County § 89. Each county clerk may, from time to time, by an instrument appoint in writing, filed in his office, appoint, and at pleasure remove, one or special deputy to
more special deputy-clerks, to attend upon any or all of the terms or attend 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, in the absence of the clerk and the deputy-clerk, 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.
8 90. 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. County 8 91. The county judge of each county, except Kings and Dutchess, judge to appoint
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 compensaClerk of tion fixed and to be paid as prescribed by law. The clerk of the county Dutchess county to of Dutchess, or in his absence the deputy-clerk, must act as crier at be crier in each term of a court of record held in that county. He is entitled
therefor to a compensation, fixed and to be paid as prescribed by law.
sors to provide for
ART. 3. When
S 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; sheriff, and he is not entitled to any additional compensation for that service. constable:
$ 93. The judges, or a majority of them, of each of the following as crier. named courts, to wit: the supreme court within the first judicial dis- uponcourts trict; the court of common pleas for the city and county of New York;
York city 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 four attendants for each part, and four for the general term.
$ 94. The board of supervisors of the county of Kings may appoint Interpreter an interpreter, to attend the terms of the courts of record, except the of record county court, held in that county, at which issues of fact are triable ; in Kings
county. who shall hold his office during good behavior.
S 95. The following judges, to wit: the justices of the supreme court Attendants for the second judicial district, residing in Kings county, or a majority sengers, of them; the judges of the city court of Brooklyn, or a majority of how and them; the county judge of Kings county; and the surrogate of Kings Kings county; may designate how many attendants and messengers, for the county. appointment of whom 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 oyer 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 assigned; 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.
8 96. Each of the persons, appointed as prescribed in the last section, Duties of must attend, from day to day, the terms and sittings, within the county pointed apof Kings, of the court to which he is assigned, to preserve order, and under last to perform whatever services may be required of him, by the judge presiding thereat.
S 97. The sheriff of each county, except New York and Kings, must, Sheriff, within a reasonable time before the sitting, in his county, of a special rected to term of the supreme court, or a term of the circuit court, county court, notify con.
, court of oyer and terminer, or court of sessions, notify, in writing and etc., to personally, as many constables of his county, as he has been directed attend to notify, by the court, or the judge who 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 Id., when judge, the sheriff may in like manner notify as many constables, as rected. he deems necessary, for the purpose specified in the last section.
8 99. Each constable seasonably notified, as prescribed in the last Penalty for two sections, must attend the term accordingly; and for each day's on certo neglect, he may be fined by the court, at the term which he was noti- atend fied to attend, a sum not exceeding five dollars.
POWERS, DUTIES, AND LIABILITIES OF A SHERIFF, OR
OTHER MINISTERIAL OFFICER, IN THE EXECUTION
TITLE 1.-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MAN
OF A MANDATE AGAINST THE PERSON.
CEEDINGS OF A CORONER.
GOING SHERIFF, RESPECTIVELY, TOUCHING THE MATTERS
Provisions relating to the execution of civil mandates generally.
SECTION 100. Sheriff to furnish certain minute.
101. Copy of process, etc., to be delivered when served.
Sheriff to $ 100. A sheriff, to whom a mandate of any description, is delivered furnish cer- to be executed, must, without compensation, give to the person deliver
ing the same, if required, a minute in writing, signed by the sheriff, specifying the names of the parties, the general nature of the man
date, and the day and hour of receiving the same. Copy of 8 101. A sheriff
, or other officer, serving a mandate, must, upon the etc., to'be request of the person served, deliver to him a copy thereof, without
8 102. A sheriff, or other officer, to whom a mandate is directed and Sherif to delivered, must execute the same according to the command thereof, process, and make return thereon of his proceedings, under his hand. For a etc., may violation of this provision, he is liable to the party aggrieved, for the return mail. damages sustained by him ; in addition to any fino, another punishment
or proceeding, authorized by law. A mandate juected and delivered to a
delivered when served.
O THE CORPORATIONS