Same. ceedings in such District and County Courts, and to examine the sureties thereon when an exception has been taken to their sufficiency, and to administer oaths and affirmations, and take affidavits and depositions in any action or proceeding in any of the Courts of this State, or in any matter or proceeding whatever. TITLE IV. OF THE MINISTERIAL OFFICERS OF THE COURTS OF CHAPTER I. Of ministerial officers generally. II. Of the Secretary and Bailiff of the III. Of Phonographic Reporters. Election, powers and where CHAPTER I. OF MINISTERIAL OFFICERS GENERALLY. SECTION 262. Election, powers and duties, where prescribed. 262. The modes of election, powers and duties of duties, the Attorney General, Clerk of the Supreme Court, prescribed. Reporter of the Supreme Court, Clerks, Sheriffs, and Coroners, are prescribed in THE POLITICAL AND PENAL CODES. 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 ap- Justices point a Secretary and Bailiff. may appoint. duties. 266. The Secretary and Bailiff hold their offices Tenure and 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. 270. Report prima facie correct. appointed, 269. The Judge of each Judicial District, and How each County Judge, may appoint a competent short- and duty." hand 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 exceptions 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 Report prima facie correct. Compensation. and County of San Francisco is ex officio Reporter of the Probate and Municipal Criminal Court of such city and county. 270. His report, written out in longhand writing, is prima facie a correct statement of the evidence and proceedings. 271. He shall receive, as compensation for his services, 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. TITLE V. OF PERSONS SPECIALLY INVESTED WITH MINISTE- CHAPTER I. Attorneys and counselors at law. II. Of other persons invested with such 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 Who may ted as be admit attorneys. Qualifications. Certificate of admis sion. License. Oath. Attorneys of other States. Roll of 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. 276. Every applicant for admission as attorney and 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. 277. If, upon examination, he is found qualified, the Court must admit him as attorney and counselor 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. 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. 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. 280. Each Clerk must keep a roll of attorneys and counselors 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. |