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§ 498. The crier of each of the following courts in the city and county of New-York, is appointed by the court, and holds his office during its pleasure:

1. The superior court:

2. The court of common pleas:

3. The court of sessions.

§ 499. The compensation of the crier must be fixed by the board of supervisors of the county in which he is appointed.

§ 500. It is the duty of the crier,

1. To attend the sessions of the courts for which he is appointed:

2. To call parties and witnesses, and all other persons bound to appear at the court:

3. To make proclamation of the opening or adjournment of the court, or of any other matter, under its direction.

TITLE V.

OF PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS, RELATING TO THE COURTS OF JUSTICE.

CHAPTER I. Attorneys and counsellors.

II.

III.

Persons specially authorised to execute the duties of the sheriff, in particular cases.

Receivers.

IV. Guardians.

V. Committees of lunatics and habitual drunkards.

CHAPTER I.

ATTORNEYS AND COUNSELLORS

ARTICLE I. Attorneys and counsellors, in general.

II. Their admission.

III. Their duties.

IV. Authority of an attorney, and its duration.

V. Change of attorney.

VI. Lien of attorneys.

VII. Summary power of the court, over attorneys.

VIII. The resignation of attorneys and counsellors, and the effect thereof.
IX. Removal or suspension of attorneys and counsellors.

ARTICLE I.

ATTORNEYS AND COUNSELLORS, IN GENERAL.

SECTION 501. Definition of an attorney.

502. Definition of a counsellor.

503. Attorney may also act as counsel.

504. Not a public officer.

505. Civil actions may be prosecuted or defended, in person or by attorney.

§ 501. An attorney is a person authorised to appear for and represent a party, in the written proceedings in an action or special proceeding, in any stage thereof.

§ 502. A counsellor is a person authorised to appear for and represent a party, in an action or special proceeding, in court only.

§ 503. A person authorised to act as attorney, may also act as counsel.

§ 504. An attorney or counsellor is not a public officer, but any person may act in that capacity, who is declared to be, or admitted as such, according to sections 506 to 510, both inclusive.

In reporting this section and the next, we beg to be understood as not expressing an opinion of our own, respecting the policy or justice of the law, which limits the legal profession, to those who are admitted by the courts. The provision of the judiciary act, allowing any person to appear as special attorney, is not reported in the code, because it has been adjudged to be unconstitutional. Whether it be really so, upon a just construction of the constitution, or whether in that view the constitution should be changed, so as to throw open the profession to all the world, as other professions are opened, it is not for us to determine.

§ 505. A civil action may be prosecuted or defended, by a party in person or by attorney, except that a corporation appears by attorney in all cases; and where a party appears by attorney, the written proceedings must be in the name of the attorney, who is the sole representative of his client, as between him and the adverse party.

ARTICLE II.

ADMISSION OF ATTORNEYS AND COUNSELLORS.

SECTION 506. What attorneys and counsellors, now in office, may practice as such. 507. Who may be admitted to practice.

508. Application for admission, and proof thereon.

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§ 506. The following persons are entitled to practice as attorneys and counsellors, in all the courts of this state:

1. Those who were duly admitted as attorneys or counsellors of the supreme court, before the first Mon

day of July, 1847, and whose names are still on the rolls of attorneys or counsellors of that court:

2. Those in respect to whom an order has been entered by the supreme court, at any time since the first Monday of July, 1847, stating that they have been examined, and found to possess the qualifications required by the constitution, to entitle them to practice as attorneys and counsellors in the courts of this state.

§ 507. Any male citizen of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, is entitled to admission to practice in all the courts of this

state.

§ 50s. For the purpose of admission, he must apply to the supreme court in the district where he resides, on the first day of a general term, and must shew,

1. That he is a citizen of the United States, of the age of twenty-one years; which proof may be made by his own affidavit: and,

2. That he is a person of good moral character; which may be proved by certificate, or other evidence satisfactory to the court.

§ 509. The applicant must also be examined, in open court, as to his qualifications of learning and ability, by the judges, or under their direction, at the term at which application for admission is made.

§ 510. If, upon the examination, he be found duly qualified, the court must direct an order to be entered,

to the effect that the applicant is a citizen of the United States, of the age of twenty-one years, of good moral character, and possesses the requisite qualifications of learning and ability, to practice as an attorney and counsellor in all the courts of this state; and upon the entry of the order, he is entitled to practice as such attorney and counsellor.

ARTICLE III.

DUTIES OF ATTORNEYS AND COUNSELLORS.

SECTION 511. Their general duties.

512.

513.

Punishment for deceit or collusion.

Not to permit other persons to use his name.

§ 511. It is the duty of an attorney and counsellor,

1. To support the constitution and laws of the United States, and of this state :

2. To maintain the respect due to the courts of justice and judicial officers:

3. To counsel or maintain such actions, proceedings or defences, only, as appear to him legal and just, except the defence of a person charged with a public offence:

4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never to seek to mislead the judges by any artifice or false statement of fact or law:

5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets, of his clients:

6. To abstain from all offensive personality, and to advance no fact prejudical to the honor or reputation of

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