§ 49. Judge or judge's partner not to practice in his court.-A judge shall not practice or act as an attorney or counsellor, in a court of which he is, or is entitled to act as a member, or in a case originating in that court.(1) A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause origi nating in that court; except where the latter is a member of a court, ex-officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein.(2) An ex-officio judge shall not, directly or indirectly, be interested in the costs, or the compensation of an attorney or counsellor, in the court of which he is ex-officio a judge. 2 R. S. 275, 4, and part of 35; L. 1839, ch. 303, as am'd by L. 1841, ch. 272; and id., ch. 346; L. 1847, ch. 280, part of 82; L. 1841, ch. 470, 48, 50, and part of 351. (1) See Given v. Driggs, 3 Cal. 150; Hobby v. Smith, I Cow. 658; Libby v. Rosekrans, 55 Barb. 202. (2) Fox v. Jackson, s Barb. 355. § 50. [Amended, 1877.] Judge's partner or clerk not to practice before him; judge not to practice in a cause which has been before him. The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. A judge shall not act as attorney or counsellor in any action or special proceeding, which has been before him in his official character. L. 1847, ch. 470, part of 51, and 52 (3 R. S., 5th ed., 367, 466; 4 Edm. 500); Fox v. Jackson, 8 Barb. 355. 51. Judge not to take fees for advice in certain cases. A judge or other judicial officer, shall not demand or receive a fee or other compensation, for giving his advice in a matter or thing pending before him, or which he has reason to believe will be brought before him for decision; or for preparing a paper or other proceeding, relating to such a matter or thing; except a justice of the peace, in a case where a fee is expressly allowed to him by law. 2 B. 8. 275, 16 (3 R. S., 5th ed., 466; 2 Edm. 285), am'd. White v. Peters, 3 How. 69. $52. Substitution of one officer for another in special proceeding. In case of the death, sickness, resigna tion, removal from office, absence from the county, or other disability of an officer, before whom a special proceeding has been instituted, where no express provision is made by law for the continuance thereof, it may be continued before the officer's successor, or any other officer residing in the same county, before whom it might have been originally instituted; or, if there is no such officer in the same county, before an officer in an adjoining county, who would originally have had jurisdiction of the subject-matter, if it had occurred or existed in the latter county. 2 R. S. 284, 51 (3 R. S., 5th ed., 475; 2 Edm. 295). Holstein r. Rice, 24 How, 135; s. c., 15 Abb. 307; Cobb v. Harmon, 23 N. Y. 148, 155. 53. Proceedings before substituted officer. - At the time and place specified in a notice or order, for a party to appear, or for any other proceeding to be taken, or at the time and place specified in the notice to be given, as prescribed in this section, the officer substituted as prescribed in the last section, or in any other provision of law, to continue a special proceeding insti tuted before another, may act, with respect to the special proceeding, as if it had been originally instituted before him. But a proceeding shall not be taken before a substituted officer, at a time or place, other than that specified in the original notice or order, until notice of the substitution, and of the time and place appointed for the proceeding to be taken, has been given, either by personal service or by publication, in such manner and for such time as the substituted officer directs, to each party who may be effected* thereby, and who has not appeared before either officer. Where, after a hearing has been commenced, it is adjourned to the next judicial day, each day to which it is so adjourned, is regarded, for the purposes of this section, as the day specified in the original notice or order, or in the notice to appear before the substituted officer, as the case requires. Id., 52 and 53, consolidated and am'd. 54. Judge to file certificate of age, etc. A judge of a court of record must, within ten days after he enters on the duties of his office, make and sign a cer tificate, stating his age, and the time when his official * Error in engrossing for "affected." term will expire, either by completion of a full term, or by reason of the disability of age, prescribed in the constitution. The certificate must be filed in the office of the secretary of State, who must keep a record of the time of the commencement and termination of the official term, of each judge of a court of record. L. 1570, ch. 86, 8 (7 Edm. 653), and People v. Gardner, 45 N. Y. 812; Dohring . People, 2 T. & C. 458. ARTICLE SECOND. ATTORNEYS AND COUNSELLORS AT LAW. SEC. 55. Party may appear in person or by attorney. 6. Examination and admission of attorneys. 37. Rules, how changed. 38. Exemptions to graduates of certain law schools. 39. Attorney's oath of office, and certificate of admission. 60. Attorneys residing in adjoining states. 61. Clerks, etc., not to practice. 62. Id.; as to sheriff, etc. 63. None but attorneys to practice in New-York and Kings counties. 64. Penalty for violation, or suffering violation of last section. 65. Death or disability of attorney; proceedings thereupon. 66, Attorney or counsel's compensation. 67. Removal or suspension for malpractice, etc. 68. Must be on notice. 69. Removal or suspension, how to operate. 70. Punishment for deceit, etc. 71. Id.; for wilful delay of action. 72. Attorney not to lend his name. 73. Attorney not to buy claim. 74. Certain loans prohibited. 75. Penalty. 76. Limitation of preceding sections. 77. Same rule when party prosecutes in person. 78. Partner of district-attorney, etc., not to defend prosecutions. 79. Attorney not to defend when he has been public prosecutor. 80. Penalty. 81. Limitation of provisions. 55. Party may appear in person or by attorney -A party to a civil action, who is of full age, may prosecute or defend the same in person or by attorney, at his election, unless he has been judicially declared to be incompetent to manage his affairs. Each provision of this act, relating to the conduct of an action, wherein the attorney for the party is mentioned, includes a party prosecuting or defending in person, unless otherwise specially prescribed therein, or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, he cannot appear to act in person, where an attorney may appear or act. either by special provision of law, or by the course and practice of the court. 2 R. S. 276, 11 (3 R. S., 5th ed., 467; 2 Edm. 285). Martine v. Lowenstein, 15 Alb. L. J. 124; Johnston v. Winter, 7 id. 135; Webb v. Dell, 18 Abb. 264; Halsey v. Carter, 6 Robt. 535; Read v. French, 28 N. Y. 285. § 56. Examination and admission of attorneys.— A male citizen of the State, of full age, hereafter applying to be admitted to practice as an attorney or counsellor, in the courts of record of the State, must be examined at a general term of the supreme court, by the justices holding the term, or a committee appointed by them. If it is found that he has complied with the rules, established by the court of appeals for that purpose, and he is approved, by the justices holding the term, for his good character and learning, the court must direct an order to be entered, stating those facts, and admitting him to practice as an attorney and counsellor, in all the courts of record of the State. Thereupon, after qualifying, as prescribed in section 59 of this act, he is entitled to practice accordingly; subject, nevertheless, to suspension or removal from office, as prescribed by law. L. 1871, ch. 486, part of 23 (9 Edm. 95), am'd. Matter of Henry, 40 N. Y.; Matter of Mosness, 20 Am. Rep. 55; Matter of Russell, 15 Alb. L. J. 520, Bradwell v. State, 16 Wall. 130; Matter of Cooper, 22 N. Y. 67. 57. Rules, how changed. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of record of the State, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment of those rules must, within five days after it is adopted, be filed in the office of the secretary of State; who must transmit a printed copy thereof to the clerk of each county, and to the presid ing justice of the supreme court, in each judicial department, and also cause the same to be published, in the next ensuing volume of the session laws. Id., 2. $58. [Amended, 1877.] Exemptions to graduates of certain law schools. Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship, required from an applicant, or with an examination, where the applicant is a graduate of the Albany law school, the law department of Union university, or of the law department of the university of the city of New-York, or of the law school of Columbia College, or of the law department of Hamilton College, and produces his diploma upon his application for admission. L. 1871, ch. 486, 3, am'd. L. 1872, ch. 260 (9 Edm. 345). 59. Attorney's oath of office, and certificate of admission. Each person, admitted as prescribed in the last three sections, must, upon his admission, take the constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the supreme court for that purpose. The clerk, upon the payment of the fees allowed by law, must deliver to the person admitted, a certificate under his hand and official seal, stating that such person has been so admitted, and that he has taken and subscribed the constitutional oath of office, as prescribed in this section. 2 R. S. 257, 66 (3 R. S., 5th ed., 477; 2 Edm, 298). $ 60. Attorneys residing in adjoining states. —A person, regularly admitted to practice as attorney and counsellor, in the courts of record of the State, whose office for the transaction of law business is within the State, may practice as such attorney or counsellor, although he resides in an adjoining state. But service of a paper, which might be made upon him at his residence, if he was a resident of the State, may be made apon him, by depositing the paper in a post-office in the city or town where his office is located, properly inclosed in a postpaid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him. L. 196, ch. 175, 1 (6 Eim. 706). See Matter of Henry, 40 N. Y. 560; Richardson. Railroad Co., 22 How. 368; Matter of Mosness, 20 Am. Bep. 55. 61. Clerks, etc., not to practice.— The clerk, deputy-clerk, or special deputy-clerk of a court shall not, during his continuance in office, practice as attor ney or counsellor in that court. 1 R. 8. 109, 26, am'd. 62. Sheriffs, etc., not to practice. - A sheriff, undersheriff, deputy-sheriff, sheriff's clerk, constable, coroner crier, or attendant of a court, shall not, during his con |