
    Foster and another against Garnsey, Gent., one of the Attorneys, &c.
    
    The pmugc-of attorneys being ceptDdSgCthe the court,) by statute. <1N. R. l-mourns. ‘hey W be arrested anti held to ¡.ail, like other persons; íííeLmeground", ?i3c’osta,rISdecif ing term, and less than 50 dollars is recover-liable to/cost*0.
    THE defendant, who is an attorney of this court, was sued by a bill in assumpsit, and gave a cognovit actionem in the cause, for 35 dollars and 83 cents, beside costs. The plaintiff entered up judgment for the amount of damages confessed, and for , r J ° ° ... the costs, taxed by the recorder of Albany, as m this court, to 39 dollars and 42 cents.
    
      De Witt, for the defendant;
    now moved that the judgment, so far as respects the costs, should be amended, and that the execution, as regarded costs, should be set aside.
   Per Curiam.

In Snell v. Brooks, and in Baird v. Vanderlyn which came before the court at the last term, the question arose how far, and in what cases, attorneys were liable for costs, when parties in a suit. Many of the cases heretofore decided on that question, are inapplicable, as the law now stands. Attorneys, like other persons, are liable to be arrested on mesne process, (except during the actual sitting of the court,) and held to com* mon or special bail. (1 N. R. L. 418.) Their privilege, therefore, is substantially,, taken away; and being put on the. same footing with other persons, as to arrests, th.ey ought fo. stand on the. sanie'ground in regard to costs. It- ought not fo ]eft f-p ¿ie option of a,plaintiff',, td make-ah attorney pay the cos.ts of this court, by electing to sue him, by bill, in'term-time. Whether, therefore, attorneys- are sued by bill lor writ; they must be. placed iu the same situation as other persons, as to the payment of costs. ' " - \

Motion granted^  