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$72. Attorney not to lend his name. -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.

2 R. S. 287, 70, am'd.

$73. Attorney not to buy claim. 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.

Id., 271. Moses v. Mc Divitt, 2 Abb. N. C. 47; Williams. Matthews, 3 Cow. 252; People v. Walbridge, 6 id. 512; s. c., 3 Wend. 120; Van Rensselaer v. Sheriff, 1 Cow. 443; Bank v. Hyde, 4 id. 567; Bristol v. Dunn, 12 Wend. 142; Hall. Gird, 7 Hill, 586; Goodell v. People, 5 Park. Cr. 205: Baldwin v. Latson, 2 Barb. Ch. 306; Warner v. Paine, 3 id. 630; Ranısey v. Erie R'y Co., 8 Abb. N. S. 174; s. c., 57 Barb. 398; Mann. Fallchild, 2 Keyes, 106; s. c., Ct. App. Dec. 152; Arden v. Patterson, 5 Jobs, Ch. 44; Watson v. McLaren, 19 Wend. 557; Hall v. Bartlett, 9 Barb. 27 Voorhees v. Dorr, 51 id. 580.

§ 74. [Amended, 1879.] Certain loans prohibited. 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 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. But this section does not apply to an agreement between attorneys and counsellors, or either, to divide between themselves the compensation to be received. Id., 72. See note to ? 73.

$75. Penalty. - An attorney or counsellor, who vio lates 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.

Id., 73.

$76. Limitation of preceding sections. - The last three sections do not prohibit the receipt, by an attorney or counsellor, of a bond, promissory note, bill of ex change, 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 ac tion, for the purpose of remittance, and without intent to violate either of those sections.

2 R. S. 287, 274.

77. Same rule when party prosecutes in person.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,

L. 1847, ch. 470, part of 2 47 (4 Edm. 590).

§ 78. Partner of district attorney, etc., not to defend prosecutions. - 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 prosecuted, 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, gratu. ity, or reward, for or upon any cause, consideration, pretence, understanding, or agreement whatever, either express or implied, having relation thereto, or the prosecution or defence thereof.

L. 1846, ch. 120, 1(4 Edm. 554), am'd.

79. Attorney not to defend when he has been public prosecutor.-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, dis trict-attorney, or other public prosecutor, shall not, at any time thereafter, directly or indirectly, advise con cerning, 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 de fence thereof.

Id., 2, am'd.

80. Penalty. An attorney or counsellor, who vio lates either of the last two sections, is guilty of a mis demeanor; and, on conviction thereof, shall be pu

ished accordingly, and must be removed from office by the supreme court.

L. 1846, ch. 120, 3.

81. Limitation of provisions.-This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally.

Id., 4.

ARTICLE THIRD.

GENERAL PROVISIONS CONCERNING CERTAIN MINISTE RIAL OFFICERS, CONNECTED WITH THE ADMINISTRA TION OF JUSTICE; AND SPECIAL PROVISIONS CONCERNING OFFICERS OF THAT DESCRIPTION, ATTACHED TO TWO OR MORE COURTS.

SEC. 82. Qualifications of stenographer.

83. General duty of stenographer; notes, when to be filed.
84. Notes, how preserved: when written out.

85. 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. Clerk in New-York or Kings, not to be referee, etc.

91. Crier for courts of record, in certain counties.

92. When seriff, constable, etc., to act as crier.

93. Attendants upon courts in New York city.

94. Interpreter for certain courts of record in Kings county.

95. Attendants and messengers, how appointed in Kings county. 96. Duties of persons appointed under last section.

97. Sheriff, when directed, to require constables, etc., to attend courts.

98. Id., when not directed.

99. Penalty for neglect of officer to attend court.

§ 82. Qualifications of stenographer. 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.

This and most of the provisions relating to stenographers embody provisions of special acts.

83. General duty of stenographer; notes, when filed. 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 proceedings therein. The court, or a judge thereof, may, in its or his discretion, upon or without an appli cation 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.

This and most of the provisions relating to stenographers embody pro visions of special acts.

84. Notes, how preserved; when written out. The original stenographic notes, taken by a stenogra pher, are part of the proceedings in the cause; and, unless they are filed, pursuant to an order, made as prescribed in the last section, they must be 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.

New.

§ 85. Stenographers to furnish gratuitously copies of proceedings, to judge. 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 a part thereof, upon a trial or hearing, at that term or sitting. But this sec tion 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. To furnish like copies to parties, district-attorney and attorney-general; compensation. - 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 stenographic 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 the certificate, like other county charges,

§ 87. These sections applicable to assistant stenog. raphers. 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 like effect, as if they had been taken by him.

§ 88. Supervisors to provide for compensation, etc., of stenographers. · 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 assistantstenographer; and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums.

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$ 89. [Amended, 1879.] County clerk to appoint special deputy to attend courts. 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