CHAPTER II.

OF THE SECRETARY AND BAILIFF OF THE SUPREME COURT.

SECTION 265. Justices may appoint.

$265.

266. Tenure and duties.

The justices of the supreme court may appoint a secretary and bailiff.

$266.

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.

CHAPTER III.

OF PHONOGRAPHIC REPORTERS.

SECTION 269. How appointed, and duty.

269.

270. Report prima facie correct.

271. Compensation

The judge of each judicial district, and each county judge may appoint a competent short hand reporter, to hold office during the pleasure of the judge, and who must, at the request of eithearty, or in the discretion of the court, in a civil action or proceeing, or criminal action or proceeding, on the order of the court, district attorney, or the counsel for the defendant, take down in short hand all the testimony, the rulings of the court, the exceptions taken, and oral instructions given, and must, within five days or such reasonable time after the trial of such case as the cou may designate, write out the same in plain, legible, long handriting, verify and file it, together with the original short hand writ

the clerk of the court in which the case was tried. The reporter of we court of the city and county of San Francisco is ex officio reporter uhate and municipal criminal courts of such city and county.

Stat. 1865-6, 232, words in italic are new.

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

Stat. 186 6, 232.

§ 271. shall receive, as compensation for his services, not exceeding 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 porter's fees accrued to that time. In cases where a transcript ay be required by the court, the expense thereof must be paid ually by the respective parties to the action, or either of them, the discretion of the court; and no verdict or judgment cane 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 dendant, or by the court; nor shall the reporter be required, inny civil case, to transcribe his notes until the compensation perfolio therefor be tendered to him or deposited in court for that urpose. 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.

232.

Stat. 1867-8, 455, did not contain words in italics, previous stat. 1865 See new go 272-274.

TITLE V.

OF PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE.

CHAPTER I. ATTORNEYS AND COUNSELLORS AT LAW.

II. OF OTHER PERSONS INVESTED WITH SUCH POWERS.

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.

Ø 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 counsellor in all courts of this state.

Stat. 1861, 40. Words in italics are new. Stat. 1850 read: "Any white male citizen of the age," &c.

Generally: 3 Cal. 108; 8 Cal. 570; 15 Cal. 387; 17 Cal. 61; 20 Cal. 427; 22 Cal. 293; 24 Cal. 241; 31 Cal. 11; 33 Cal. 425; 35 Cal. 534.

Authority presumed: 13 Cal. 191; 17 Cal. 431; 21 Cal. 51; 23 Cal. 636; 30 Cal. 192; 35 Cal. 534; 39 Cal. 683.

Compensation: 1 Cal. 331; 2 Cal. 507; 3 Cal. 108; 5 Cal. 435; 6 Cal..56; 8 Cal. 306; 13 Cal. 640; 17 Cal. 61.

Actions against: 3 Cal. 108; 13 Cal. 203; 22 Cal. 200; 33 Cal. 425,
Notice to: 31 Cal. 128, 160.

276. Every applicant for admission as attorney and counsellor musduce satisfactory testimonials of good moral character, and undergo trict examination in open court, as to his qualifications, by the justices or supreme court.

Stat. 1861, 40. Ó 277. If, upon examination, he is found qualified, the court must admit him as attorney and counsellor 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 clerk of the court, which certificate is his license.

Stat. 1861, 40, also provided: "84. The district and county courts of this state are authorized to admit, as attorney and counsellor 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."

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 counsellor

to the best of his knowledge and ability. A certificate of such oath must be indorsed on the license.

Stat. 1851, 49.

$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.

Stat. 1859, 60.

Stat. 1851, 49, read: "§ 6. The examination may be dispensed with, in the case of a person who has been admitted attorney and counsellor in the highest courts of a sister State; his affidavit of such admission, or his license showing the same, shall be deemed sufficient to entitle him to admission."

Stat. 1869-70, 578: "Every white male citizen of the United States, who has been admitted to practice law in the highest courts of a sister State, or in the supreme court of the United States, or in the supreme court of the District of Columbia, may be admitted to practice in the courts of this State, upon the production of his license and satisfactory evidence of his good moral character; but the court may examine the applicant as to his qualifications."

An Act to exclude traitors and alien enemies from courts of justice of, 1863, 566, was repealed. Stat. 1867-8, 8.

Ø 280. Each clerk must keep a roll of attorneys and counsellors admitted to practice by the court of which he is clerk, which roll must be signed by the person admitted before he receives his license.

281. If any person shall practice law in any court, except a justice's or police court, without having received a license as attorney and counsellor, he is guilty of a contempt of court.

Stat. 1851, 49, contained the words, "and punished as in other cases of contempt."

ý 282. It is the duty of an attorney and counsellor1. To support the constitution and laws of the United States and of this State.

2. To maintain the respect due to the courts of justice and judicial officers.

3. To counsel or maintain such actions, proceedings or de