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CHAPTER II.

OF THE SECRETARY AND BAILIFF OF THE SUPREME COURT.

SECTION 265. Justices may appoint.

266. Tenure and duties.

265. The Justices of the Supreme Court may appoint a Secretary and Bailiff.

263. The Secretary and Bailiff hold their offices at the pleasure of the Justices, and must perform such duties as may be required of them by the Court or any Justice thereof.

How
appointed,

and duty.

CHAPTER III.

OF PHONOGRAPHIC REPORTERS.

SECTION 269. How appointed, and duty.
270. Report prima facie correct.

271. Compensation.

269. The Judge of each Judicial District, and each County Judge, may appoint a competent shorthand Reporter, to hold office during the pleasure of the Judge, and who must, at the request of either party, or in the discretion of the Court, in a civil action or proceeding, or criminal action or proceeding, on the order of the Court, the District Attorney, or the counsel for the defendant, take down in shorthand all the testimony, the rulings of the Court, the excep tions taken, and oral instructions given, and must, within five days, or such reasonable time after the trial of such case as the Court may designate, write out the same in plain, legible, longhand writing, verify and file it, together with the original shorthand writing, with the Clerk of the Court in which the case was tried. The Reporter of the County Court of the City

and County of San Francisco is ex officio Reporter of the Probate and Municipal Criminal Court of such city and county.

NOTE.-Stats. 1866, p. 232. See Stats. 1871-2, p. 400, "An Act providing for the appointment of a Reporter in the First Judicial District of this State," approved March 16, 1872.

prima faci

270. His report, written out in longhand writing, Report is prima facie a correct statement of the evidence and correct. proceedings.

NOTE.-Stats. 1866, p. 232.

Amresided 1893-4,

sation.

271. He shall receive, as compensation for his Compenservices, not exceeding ten dollars per day for taking notes, and not exceeding twenty cents per folio for transcription, to be paid by the party in whose favor judgment is rendered, and be taxed up by the Clerk of the Court as costs against the party against whom judgment is rendered. In case of failure of a jury to agree, the plaintiff must pay the Reporter's fees accrued to that time. In cases where a transcript may be required by the Court, the expense thereof must be paid equally by the respective parties to the action, or either of them, in the discretion of the Court; and no verdict or judgment can be entered up, except the Court shall otherwise order, until the Reporter's fees are paid, or a sum equivalent thereto deposited with the Clerk of the Court. In no case shall the transcript be paid for unless specially ordered by either plaintiff or defendant, or by the Court; nor shall the Reporter be required, in any civil case, to transcribe his notes until the compensation per folio therefor be tendered to him or deposited in Court for that purpose. In criminal cases, when the testimony has been taken down by order of the Court, the compensation of the Reporter must be fixed by the Court and paid out of the Treasury of the county in which the case is tried, upon the order of the Court.

NOTE.-Stats. 1868, p. 455.

Arw Rections. - 2 7 2 2 7 3, 274.

74.

fmunded 1573-44°

TITLE V.

OF PERSONS SPECIALLY INVESTED WITH MINISTE-
RIAL POWERS RELATING TO COURTS OF JUSTICE.

CHAPTER I. Attorneys and counselors at law.
II. Of other persons invested with such
powers.

Who may be admitted as

attorneys.

CHAPTER I.

ATTORNEYS AND COUNSELORS AT LAW.

SECTION 275. Who may be admitted as attorneys.

276. Qualifications.

277. Certificate of admission. License.

278. Oath.

279. Attorneys of other States.

280. Roll of attorneys.

281. Penalty for practicing without license.

282. General duties.

283. Authority of attorney.

284. Change of attorney.

285. Notice of change.

286. Death or removal of attorney.

287. Removal and suspension.

288. Conviction of felony. Moral turpitude.

289. Proceedings for removal or suspension.

290. Accusation.

291. Verification.

292. Citation to answer.

293. Appearance.

294. How to answer.

295. Demurrer.

296. Answer.

297. Trial.

298. Reference.

299. Judgment.

275. Any white male citizen, or white male person, resident of this State, who has bona fide declared his intention to become a citizen in the manner required by law, of the age of twenty-one years, of good

moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as attorney and counselor in all Courts of this State.

NOTE.-Stats. 1851, p. 48. An attorney at law is not a person holding an office of public trust, within the prohibitory clause of Sec. 3, Art. II, of the Constitution. The right to practice law is a statutory privilege, subject to the control of the Legislature. The right to practice law is not "property," nor a "contract," within the meaning of the Constitution. The State may exclude from its Courts those who are disloyal to the Federal as well as to the State Government. An oath may be required by the Legislature of the State from an attorney purging himself of certain imputed crimes.-See Cohen vs. Wright, 22 Cal., p. 293; Ex Parte Gregory Yale, 24 Cal., p. 241.

tions.

Amended

1875-6.

276. Every applicant for admission as attorney Qualificaand counselor must produce satisfactory testimonials of good moral character, and undergo a strict examination, in open Court, as to his qualifications, by the Justices of the Supreme Court.

NOTE.-See note to preceding section.

of admis

277. If, upon examination, he is found qualified, Certificate the Court must admit him as attorney and counselor sion. in all the Courts of this State, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the License. Clerk of the Court, which certificate is his license.

NOTE.-Sec. 4, of statute of 1861, p. 40, was as fol

lows:

"SEC. 4. The District and County Courts of this State are authorized to admit, as attorney and counselor in their respective Courts, any white male citizen, or white male person who has bona fide declared his intention to become a citizen, of the age of twenty-one years, and of good moral character, who possesses the requisite qualifications, on similar testimonials and like examinations as are required by the preceding section for admission by the Supreme Court, and may direct their Clerks to give a certificate of such admission, which certificate shall be a license to practice in such Courts."

Oath.

Attorneys of other Statos.

The intended effect of the omission of this section from the Code was to prevent District and County Courts from admitting persons as attorneys and counselors in those Courts. The Supreme Court is alone vested with power to admit attorneys and counselors to practice in any Courts of this State.

278. Every person, on his admission, must take an oath to support the Constitution of the United States and of this State, and to discharge the duties of attorney and counselor to the best of his knowledge and ability. A certificate of such oath must be indorsed on the license.

NOTE.-Cohen vs. Wright, 22 Cal., p. 293; Ex Parte Gregory Yale, 24 Cal., p. 241,

279. Every white male citizen of the United States, who has been admitted to practice law in the highest Court of a sister State, may be admitted to practice in the Courts of this State, upon the production of his license and satisfactory evidence of good moral character; but the Court may examine the applicant as to his qualifications.

NOTE. In a recent decision the Supreme Court say: "An application was made on behalf of Mr. Snelling, he not personally appearing in Court, that he be admitted to practice. The application is based upon a license showing that he has been admitted to practice in all the Courts of the State of Oregon, and satisfactory evidence of good moral character. The first rule of the Court requires that the applicant must personally appear in Court at the time the motion for his admission is made. We are urged to depart from the requirements of the rule in this instance, because of a personal injury sustained by the applicant, which temporarily prevents his personal appearance in Court. Similar applications made heretofore have been denied. The statute concerning attorneys and counselors at law, in furtherance of which the rule in question was made, regulates with great strictness the method in which attorneys are to be admitted. Satisfactory testimonials of good moral character are in all cases required, and in general a strict examination as to professional qualifications is exacted. It is made the absolute duty of the Court to make this examination in all cases in which the appli

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