TERMS. How long, for argu ments, and process, How adjourned, if a justice does not attend. Terms of the Supreme Court.] There are four terms of the supreme court as follows. The January term, commencing on the first Monday of January, and held at the Capitol in the city of Albany : The May term, commencing on the first Monday of May, and held at the city hall in the city of New York: The July term, commencing on the first Monday of July, and held at the academy in the town of Utica: The October term, commencing on the third Monday of October, and held at the Capitol in the city of Albany." 75 The revised statutes contain the following provisions respecting the terms of the supreme court. "The several terms may "Each term so far as respects the issuing teste, and return of process, except subpoenas, attachments and writs of habeas corpus, shall be considered as ending on the second Saturday after its commencement. All process except where otherwise provided by law, if issued in term, may be tested on any day in that term, and made returnable on any day in the same term or the next term; and if issued in the vacation, may be tested on any day in the proceeding term, and be made returnable on any day in the next term."77 "If by reason of any casualty, neither of the justices of the said court, shall attend at any term thereof, on the first day of such term, it shall be the duty of the clerk of the said court, at any time after five o'clock in the afternoon of such day, to open the said court by proclamation, and immediately to adjourn the same to the next day, and so to open and adjourn the 74 1 R. St. 109. 75 2 R. St. 196. 197. s. 2. 3. 76 2 R. St. 197. s. 4. 77 lb. s. 5. said court from day to day, until the justices of the said court, or one of them, shall appear; when the court shall proceed to business, as if it had been opened and adjourned by a justice thereof."78 TERMS. case of pestilence or The following statutory provisions in relation to the terms Provisions in and holding of courts where they connot be held at the place other casuappointed by law, on account of pestilence or other casualty, apply to all other courts of record as well as to the supreme court. "The governor may, at any time during the vacation of any court of record, other than such as shall have been appointed to be held in the city of New York, if he shall deem it requisite, by reason of war, pestilence or other public calamity, or the danger thereof, that the next ensuing term or session of any such court, shall be held at a different place from that where such term or session is required to be held by law, appoint such different place for the holding of such court or session, as he shall deem expedient; and at any time thereafter he may revoke such appointment, and appoint a place anew, or leave such term or session to be held at the place where it would have been held by law.79 Every such appointment or revocation, shall be by writing under the hand of the governor; and shall be recorded in the office of the secretary of this state. It shall also be published in such and so many newspapers as the governor shall direct."80 "The mayor of the city of New York, or in his absence, the recorder thereof, may, by proclamation under his hand and seal, direct that the term of any court appointed to be held in the city hall of that city, shall be held in any place or places within the city and county of New York, other than the city hall, whenever war, pestilence, or other public calamity, or the destruction or injury of the city hall, shall render it necessary that some other place should be selected.101 Every alty. TERMS. such proclamation shall be published in two or more daily papers printed in the city of New York."81 "Whenever such term or session shall be held at any place so appointed by the governor, or by the mayor or recorder of the city of New York, all process shall be returned, and all persons shall be held to appear at such place, as if such term or session was held at the place where by law the same was to have been held.82 In case any court shall not be formed at the place so appointed, by five o'clock in the afternoon of the first day of the term or session, the same may be adjourned to the next day, by the same officer, and in like manner and with the same effect, as provided by law, in case the place of holding such court had not been altered."83 "Whenever the court house, or place of holding courts, in any county of this state, shall be destroyed by fire or other means, or shall, from any cause, be unsafe, inconvenient, or unfit for the holding of any court, the judges of the county courts of such county may appoint some other convenient building in the vicinity of that, where the court is required to be held by law, as a temporary place for holding such court.84 The place so appointed shall be deemed the court house of the county for the time being; and all business which shall be transacted at such place, shall be as valid as if the same were done at the usual and customary place."85 "No spirituous liquor shall, on any pretence whatever, be sold within any building established as a court house for the holding of courts of record, while any such court, or any circuit court, shall be sitting therein; except in such part of such building not appropriated to the use of courts, or of juries attending them, in which such sale shall have been authorised by a resolution of the board of supervisors of the county.86 Every person violating the provisions of the last section, shall be deemed guilty of a misdemeanor."97 ATTORNIES, &c. SECTION II. OF ATTORNIES AND COUNSELLORS. An attorney, in the most general sense of the term, is a person put in the place or stead of another; and he may be either private, as having authority delegated to him by some particular person, to act in his stead in private contracts or agreements, or public, as an attorney at law,1 Attornies at law, are persons licensed by courts of justice to prosecute and defend actions for suitors therein, possessed of certain privileges, and liable to certain restrictions and disabilities. Who are at tornies, must be of character, and licensed Of the admission of Attornies.] No person can be ad-good moral mitted as a counsellor or attorney in any court unless he be approved by such court for his good character and learning.2 Counsellors and attornies are appointed and licensed to prac-by the court. tice by the several courts of law in which they intend to practice; and their licenses must be signed by the chief justice or presiding judge of the court:3 as to their number there is no Number. restriction, but the court may appoint as many as they think proper.1 5 The supreme court are authorised and required to prescribe the rules and regulations under which counsellors and attornies shall be appointed and licensed in that court. It is accordingly provided by rule, that no person shall be permitted to practice as an attorney or counsellor of the court without regular admission and license by the court; and that to ob '1 Bac. Abr. 287. 4 R. St. P. 1. Ch. 5. T. 1. s. 1. R. St. P 3. Ch. 3. T. 2. s. 65. Vol. 1. p. 98. Vol. 2. p. 287. 3 R. St.P. 1. Ch. 5. T. 4. 6. 20. Vol. 1. p. 108. 5 Ib. s. 21. Vol. 1. P. 108. &c. Must be examined. quired. ATTORNIES, tain such admission and license, the person applying must be examined under the direction of the court. To entitle a person to an examination as an attorney, he must have served a Clerkship re- regular clerkship of seven years, in the office of a practising attorney of the court: but if he has regularly pursued classical Deduction studies for four years or any shorter period, after the age of classical stu- fourteen, it may be allowed in lieu of an equal time of clerkship.7 The extent of such allowance must, at the commencement of the clerkship be ascertained and settled by one of the justices of the court, by an order to be signed by him. The Certificate attorney, with whom the clerkship is commenced, must file a must be filed. certificate in the office of one of the clerks of the court, certi allowed for dies. moral cha fying that the person has commenced a clerkship with him; and if an order has been obtained allowing a shorter term than seven years for the clerkship, the order must likewise be filed with the certificate: the clerkship is deemed to commence on the day of the filing of the certificate." In computing the time of clerkship, four terms make one year; but a certificate filed in vacation is not reckoned as relating to the previous term." Certificate of It is also the duty of an attorney to give to a clerk when he racter, &c. shall leave his office, a certificate stating his moral character, the term of clerkship which he has passed with him, and the periods which have been allowed him for vacations: not more than three months can be allowed for vacations in any year."1 Admission of counsellors. Every person who has been, or who shall hereafter be admitted to the degree of an attorney, and who shall have practised as such for three years, may be admitted if found duly qualified to practice also as counsel.12 But no person, who is 6 Rule 1. 7 Rule 2. 8 Ib. 107 Cowen Rep. 368. |