to have been taken before him, may be read and used in any court of law or equity, of record, or not of record, within this state, and before any officer, judicial, executive, or administrative, before whom any such cause, matter or proceeding, may be pending; and affidavits to be read in the supreme court, may also be taken by any commissioner appointed for that purpose, by the justices of the said court. 14 N. Y., 456; 18 B., 407; 16 B., 319; 4 Pai., 548; 1 Du., 431, 458. ART. 2 cery. $ 50. Such oaths or affidavits, in any cause, matter or pro- Ib. in chan ceeding, pending in the court of chancery, may also be taken before any master or examiner, register, or assistant register of that court, or before any commissioner appointed by that court for that purpose. ings before by whom death, &c. $51. In case of the death, sickness, resignation, removal Proceedfrom office, absence from the county of his residence, or other any officer, disability of any officer, before whom any special proceedings, continued authorised by any statute, may have been commenced, and in case of where no express provision is made by law for the continuance of such proceedings, the same may be continued by the successor in office of such officer, or by any other officer residing in the same county, who might have originally instituted such proceedings; or if there be no such officer in the same county, then by the nearest public officer in any other county, who might have originally had jurisdiction of the subject matter of such proceedings, if such matter had occurred or existed in his own county. 23 N. Y., 155. [285] ings at time and place notice. specified in, S52. At the same time and place specified in any notice or order, which may have been given for parties to appear or for Proceed any other proceeding to be had, the officer substituted according to the last section, or according to any other provision of law, to continue proceedings commenced before another, may make any order and do and perform any act in relation to such proceedings, as if the same had been originally commenced before him. 18 B., 294. $ 53. But before any proceedings shall be had before any such substituted officer, at any other time or place, than such as shall have been specified in the notice or order requiring parties to appear, notice of such substitution shall be given to the parties who may be affected thereby, either by personal service or by publication, in such manner and for such time, as the substituted officer shall direct. Such substituted officer shall thereupon be authorised to make every order, and to do and perform every act, in relation to such proceedings, as if the same had been originally commenced before him. $54. The clerks of counties and of courts of record in this state, and the register of deeds in the city and county of NewYork, shall respectively keep open their several offices for the transaction of business, every day in the year, except Sundays, Sheriff's offices. Papers may be served there. When on County clerk. [286] When and such other days as are or shall be declared by law to be holidays, in the county of New-York from nine o'clock in the forenoon to four o'clock in the afternoon, and in each of the other counties of this state between the thirty-first day of March and the first day of October from eight o'clock in the forenoon to six o'clock in the afternoon, and between the thirtieth day of September and the first day of April from nine o'clock in the forenoon to five o'clock in the afternoon. Laws of 1860, ch. 276. $ 55. It shall be the duty of the sheriff of every county, to keep an office in some proper place in the city or village in which the county courts are held; of which he shall file a notice in the office of the clerk of the county. If there be more than one place of holding courts, the notice shall specify in which his office will be kept, or it may specify that an office will be kept in all such places, if he thinks proper. Such office shall be kept open during the hours and on the days in the last section specified. $56. Every notice or other paper which shall be required to be served on any sheriff, may be served by leaving the same at the office designated by him in such notice, during the hours for which it is herein required to be kept open; but if there be any person belonging to such office therein, such notice or paper shall be delivered to such person; and every such service shall be deemed equivalent to a personal service on such sheriff. $57. If no notice shall be filed by any sheriff with the county clerk as herein required, the service of all papers on such sheriff may be made by leaving them at the office of the county clerk, with such clerk or his deputy; and the same shall be deemed equivalent to a personal service on such sheriff. $58. No sheriff shall be authorised to hold any court for sheriffs to any purpose whatever, except to execute writs of inquiry, and hold courts. such special writs as may be directed to him, pursuant to any statute, and in the cases provided by law to inquire into any claim to property, seized or levied upon by him. Taking bonds, &c, Assigning bonds, &c. upon vacancy in office. 7 How. P. R., 323. $ 59. No sheriff or other officer, shall take any bond, obligation or security, by colour of his office, in any other case or manner than such as are provided by law; and any such bond, obligation or security, taken otherwise than as herein directed, shall be void. 18 N. Y., 117: 13 B., 365; 4 B., 52; 2 H., 218; 1 H., 22, 299: 23 W., 608; 21 W., 57, 90, 607; 19 W., 188; 19 J. R., 235; 7 J. R., 160. $60. Whenever any sheriff is required by law to assign any bond taken by him in the progress of any cause or proceeding to any party, and the office of such sheriff shall be vacant, his under sheriff, or the person acting in the place of such sheriff, is authorised, and may be compelled to execute such assignment, in the name of the sheriff to whom such bond was given; which assignment shall be as valid and effectual as if executed by such sheriff. ART. 3. books of $61. It shall be the duty of the clerk of each county in Indexes to this state, and of the register of the city and county of New- deeds, &c. York, to attach to every book kept in his office, in which deeds or mortgages shall be recorded, or collectors' bonds entered, an index to the matters contained in such books, arranged in alphabetical order, under the names of the several parties to such matters, with references to the pages where the same may be found; which, together with such books, shall at all proper times be open for the inspection of any person paying therefor the fees allowed by law. 24 W., 182. register in &c. $62. Each register and assistant-register of the court of Deputies of chancery, shall appoint some proper person to be the deputy chancery." of such register or assistant-register, by writing under his hand and seal, to be filed in his office. Every person so appointed deputy, shall take and subscribe the constitutional oath of office. powers. $ 63. Any such deputy may attend in the place of his Their principal, the courts to be held by any vice-chancellor; and whenever the office of register or assistant-register shall become vacant, the deputy of such officer, so appointed, may perform all the duties appertaining to such office during such vacancy. See Laws of 1860, ch. 276; 1859, ch. 360; 1840, ch. 248; 1833, ch. 271; 1830, ch. 320, § 39. ARTICLE THIRD. OF THE OFFICERS OF COURTS OF RECORD, THEIR DUTIES, PRIVILEGES SEC. 64. Attornies to be regulated by their respective courts. 65. Persons not to be admitted attornies, unless approved. 66. Attornies to take oath of office. 67. Notice to be given to party on death of his attorney. 68. Penalty on counsellors for deceit or collusion. 69. Penalty for wilful delay, and for extortion. 70. Penalty for allowing name to be used in process. 71. Attornies not to buy rights in action, to prosecute. 72. Not to lend money to procure suits. 73. Penalty for violating two last sections. 74. Qualifications of three last sections. 75. Notice of violations may be given in defence of suits. 76. Plaintiff may be examined on trial. 77. Order for plaintiff to attend trial, may be obtained. 78. Contents of affidavit to obtain order. 79. When order to be served; duty of plaintiff. 80. Proceedings on plaintiff's failure to attend trial. 81. In certain cases, plaintiff to be non-suited. 82. Testimony of attorney not to be evidence criminally. 83 & 84. Sheriff to summon constables to attend court. [287] TITLE & Regulation of attornies, &c. Attornies, &c., toe approved. To take oath of office. Proceedings on death of attorney, &c. Penalty for SEC. 85. Penalty on constable for not attending. 86. Officers of courts liable to arrest, except in certain cases. $ 64. All attornies, solicitors and counsellors, shall be regulated by the rules and orders of the court in which they shall respectively practise. Laws of 1823, 215, § 19; 6 B., 201; 3 Pai., 512. $65. No person shall be admitted a counsellor, attorney or solicitor in any court, unless he be approved by such court for his good character and learning. 1 R. L., 416, § 4. S 66. Every person so admitted, shall, upon such admission, take and subscribe the oath of office in open court, and subscribe the same in a roll or book, to be kept in each court for that purpose. S67. When any attorney or solicitor, shall die, be removed or suspended, or cease to act as such, the person for whom he was acting, shall be notified to appoint another attorney or solicitor in such manner as the court shall direct, at least thirty days before any proceeding shall be had against such person. 1 N. Y., 241; 9 How. P. R., 244. $68. Any counsellor, attorney or solicitor, who shall be deceit, &c. guilty of any deceit or collusion, or shall consent to any deceit or collusion, with intent to deceive the court or any party, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment, or both, at the discretion of the court. He shall also forfeit to the party injured by his deceit or collusion, treble damages, to be recovered in a civil action. Ib. for delay and $69. If any counsellor, attorney or solicitor, shall wilfully extortion. delay his client's suit, with a view to his own gain, or shall wilfully receive any money or allowance, for or on account of any money which he has not laid out, or become answerable for, he shall forfeit to the party injured, treble damages. Ib. for lending his $70. If any attorney or solicitor shall knowingly permit any name, &c. 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, such attorney and solicitor, and every person who shall so use the name of any attorney or solicitor, shall severally forfeit to the party against whom such process shall have been sued out, or such action prosecuted or defended, the sum of fifty dollars. (288) rights in action to sue. 31 B., 350. $71. No attorney, counsellor or solicitor, shall, directly or Not to buy indirectly, buy, or be in any manner interested in buying, any bond, bill, promissory note, bill of exchange, book-debt or other thing in action, with the intent and for the purpose of bringing any suit thereon. Not to lend $72. No attorney, counsellor or solicitor, by himself, or by money, &c., or in the name of any other person, either before or after suit ART. 3. brought, shall lend or advance, or agree to lend or advance, to procure Laws of 1818, 278, § 1; 14 B., 554; 5 B., 109; 2 B. Ch., 308; 7 H., 589; S73. Every attorney, counsellor or solicitor, who shall vio- Penalty. late either of the two last preceding sections, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine or imprisonment, or both; and he shall also be removed from office in the several courts in which he is licensed. sections $74. Nothing contained in either of the three last preceding Three last sections, shall be construed to prohibit the receiving in pay- qualified. ment, by any attorney, counsellor or solicitor, any bond, bill, promissory note, bill of exchange, book-debt, or other thing in action, for any estate, real or personal, or for services actually rendered, or for a debt antecedently contracted; or from buying or receiving any bill of exchange, draft, or other thing in action, for the purpose of remittance, and without any intent to violate either of the said three last sections. defence. $75. The defendant in any suit to be brought in any action Notice of of debt, covenant or assumpsit, may give notice with his plea, in addition to any other matter of defence, that on the trial of the cause, he will insist and prove, that the demand on which such action is founded, has been bought and sold, or received, for prosecution, contrary to law, without setting forth any other particulars. Laws of 1818, 278, § 2; 5 B., 109. &c., wit $76. On the trial of the cause in which such notice shall Plaintiff, have been given, if the defendant shall require it, the plaintiff, nesses. and his attorney and counsel, and any other person who may be interested in the recovery in such cause, shall be examined on oath touching the matters set forth in such notice. his attend ance at $77. The defendant who shall have given such notice, may Order for apply either to a judge of the court in which such cause shall be pending, or to some officer authorised to exercise the trial. powers of a justice of the supreme court at chambers, for an order that the plaintiff attend on the trial of the said cause to be examined as aforesaid. $78. Such order shall be granted upon an affidavit of the Affidavit for defendant, stating that he believes he has a defence under the order. provisions of this article; that he believes he can establish such defence by the testimony of the plaintiff, and that such plaintiff resides within this state. 5 H., 610. [289] |