§ 492. No money brought or paid into court, and deposited with the county treasurer, can be paid out by him, without the production of the order of the court for that purpose, authenticated by the signature of the judge by whom the court was held.

§ 493. The court into which money is brought, may direct it to be invested in a public stock, or to be placed at interest with a corporation, or on approved landed security, and from time to time, to be transferred or disposed of, as it thinks proper.

§ 494. At the first general term of the supreme court, held in each year, in the district embracing his county, the county treasurer must present a statement of all moneys remaining in court, containing,

1. The title of the action or proceeding, in or on account of which the money was paid:

2. The party by whom it was paid, and generally for what purpose:

3. The time of payment, and the amount paid; and,

4. The investment or other disposition thereof.

He must also present a similar statement to every other court in his county, at its first general term, or if there be none, at its first term, of all monies remaining in his hands and paid to him in actions or proceedings therein.

§ 495. The county treasurer must keep books of entry for money received, invested, or paid out, in legal proceedings, separate from those in which entries are made of county funds, and these books must be delivered to his successor in office. He must also, at each annual meeting of the board of supervisors, report a statement of the bonds, mortgages and other securities in his hands, and of monies paid to and deposited or invested by him, as provided in this chapter or by special

statutes.

§ 496. The board of supervisors must thereupon examine into the situation of the securities or moneys in the hands of the treasurer, and must ascertain and report to the supreme court, at its next general term in the district, whether the moneys are safely and securely deposited or invested, and whether the securities are sufficient.

CHAPTER VIII.

CRIERS.

SECTION 497, 498. Criers, how appointed.

499. Their compensation.

500. Their duties.

§ 497. A crier may be appointed by the board of supervisors of each county, for all or either of the courts in the county, except as provided in the next section.

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

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 uncor.stitutional. 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.

§ 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