Qualifications. Certificate of admission. License. Admission to district and county courts. Oath. Attorneys of other states. Roll of attorneys. Penalty for practicing without license. Authority of 4 Cal. 280. Change of attorney. Notice of change, 6 Cal. 55. Death or removal of attorney. Removal and suspension. 20 Cal. 429. 392. SEC. 2. Every applicant for admission as attorney and counselor shall produce satisfactory testimonials of good moral character, and undergo a strict examination, in open court, as to his qualifications, by one of the judges of the supreme court of this State. 393. SEC. 3. If upon examination he be found duly qualified, the court shall 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 shall be his license. 394. 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 shall have 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 his license to practice in such courts.(") [Amendment, approved March 5, 1861, 40. 395. SEC. 5. Every person, on his admission, shall take an oath or affirmation to support the constitution of the United States and of the State, and to discharge the duties of attorney and counselor to the best of his knowledge and ability. A certificate of such oath or affirmation shall be indorsed on the license. 396. SEC. 6. Every white male citizen of the United States, who has been admitted to practice law in the courts 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.(") Amendment, approved March 2, 1859, 60. 397. SEC. 7. Each clerk shall keep a roll of attorneys and counselors of the court of which he is clerk, which shall be a record of the court. 398. SEC. 8. If any person shall practice law in any court, except a justice's or recorder's court, without having received a license as attorney and counselor, he shall be deemed guilty of a contempt of court, and punished as in other cases of contempt. 399. SEC. 9. An attorney and counselor shall have authority: First-To bind his client in any of the steps of an action or proceeding, by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise. Second-To receive money claimed by his client in an action or proceeding, during the pendency thereof, or within one year after judginent, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment. 400. SEC. 10. The attorney in an action or special proceeding, may be changed at any time before judgment or final determination, as follows: First-Upon his own consent, filed with the clerk, or entered upon the minutes; client. 401. SEC. 11. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, shall be given to the adverse party; until then he shall be bound to recognize the former attorney. 402. SEC. 12. When an attorney dies, or is removed, or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney shall, before any further proceedings be had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person. 403. SEC. 13. An attorney and counselor may be removed or suspended by the supreme court, and by the district courts of the State, for either of the following causes, arising after his admission to practice : First-His conviction of a felony, or misdemeanor, involving moral turpitude, in which cases the record of conviction shall be conclusive evidence. Second-Wilful disobedience or violation of an order of the court requiring him to The decisions of the supreme court construing the above act, in addition to those noted in the margin, will be found in 1 Cal. 148, 1 Cal. 190; 1 Cal. 213; 1 Cal. 331: 3 Cal. 108; 5 Cal. 79; 5 Cal. 450; 13 Cal. 191; 15 Cal. 358; 17 Cal. 61; 21 Cal. 51; 22 Cal. 200; 22 Cal. 293. () The original section did not contain the words "or white male person, who shall have bona fide declared his intention to become a citizen." do, or forbear, an act connected with, or in the course of, his profession, and any violation of the oath taken by him as such attorney and counselor. In all cases where an attorney is removed or suspended by a district court, he may appeal to the supreme court, and the judgment or order of the district court shall be subject on such appeal to review, as in other cases. (") [Amendment, approved March 2, 1859, 60. 404. SEC. 14. In case of the conviction of an attorney or counselor, of a felony, or Conviction of misdemeanor involving moral turpitude, the clerk of the court in which the convic- Moral turpitude. tion was had, shall within thirty days thereafter transmit to the supreme court a cer tified copy of the record of conviction. suspension. 405. SEC. 15. The proceedings to remove or suspend an attorney and counselor, Proceedings for under the first subdivision of section thirteenth, shall be taken by the court on the removal or receipt of the certified copy of the record of conviction; the proceedings under the second subdivision of section thirteenth, may be taken by the court for matters within its knowledge, or may be taken upon the information of another. 406. SEC. 16. If the proceedings be upon the information of another, the accusa- Accusation. tion shall be in writing, and shall be presented to the court. 407. SEC. 17. The accusation shall state the matters charged, and shall be verified Verification. by the oath of the person making it, or some other person, to the effect that the charges therein contained are true. answer. 408. SEC. 18. After receiving the accusation the court shall, if, in its opinion, the Citation to case require it, make an order requiring the accused to appear and answer the accusation, at a specified time, in the same or subsequent term, and shall cause a copy of the order and of the accusation to be served upon the accused, within a prescribed time, before the day appointed in the order. 409. SEC. 19. The accused must appear at the time appointed in the order, and Appearance. answer the accusation, unless for sufficient cause the court assign another day for that purpose; if he do not appear, the court may proceed and determine the accusation in his absence. 410. SEC. 20. The accused may answer to the accusation, either by objecting to the How to answer. sufficiency, or by denying its truth. 411. SEC. 21. If he object to the sufficiency of the accusation, the objection shall Demurrer. be in writing, but need not be in any specific form; it being sufficient if it present intelligibly the grounds of the objection: If he deny the truth of the accusation, the denial may be oral, and without oath, and shall be entered upon the minutes. 412. SEC. 22. If an objection to the sufficiency of the accusation be not sustained, Answer. the accused shall answer forthwith. 413. SEC. 23. If the accused plead guilty, or refuse to answer the accusation, the court shall proceed to judgment of removal or suspension. If he deny the matters charged, the court shall immediately, or at such time as it may appoint, proceed to try the accusation. Trial. 414. SEC. 24. The court may in its discretion order a reference to a committee to Reference. take depositions in the matter, and to report to the court before proceeding to try the accusation. 415. SEC. 25. Upon conviction, in cases arising under the first subdivision of section Judgment. thirteenth, the judgment of the court shall be, that the name of the party be stricken from the roll of attorneys and counselors of the court, and he be precluded from practicing as such attorney or counsellor in all the courts of this State; and upon conviction in cases under the second subdivision of section thirteenth, the judgment of the court may be according to the gravity of the offense charged; deprivation of the right to practice as attorneys or counselors in the courts of this State, permanently or for a limited period. An Act to exclude traitors and alien enemies from the courts of justice in civil cases, approved April 25, 1863, 566. SEE PRACTICE AOT, post, 5628. (") Original section: AUCTIONEERS-See REVENUE, post, 6385. SEC. 13. An attorney and counselor may be removed or sus pended by the supreme court, and by no other court in the State, for either of the following causes, arising after his admission to practice: First. Upon his being convicted of felony or misdemeanor, 73 involving moral turpitude, in either of which cases the record of his conviction shall be conclusive evidence. Second. For wilful disobedience or violation of the order of a court, requiring him to do or forbear an act connected with, or in the course of, his profession. Office created. Appointment. Salary. Bailiff of Supreme Court. An Act creating the office of bailiff of the supreme court. Approved April 6, 1863, 172. 416. SECTION 1. The office of bailiff of the supreme court is hereby created, and vested with all the powers and authority belonging to the office of sheriff. 417. SEC. 2. The justices of the supreme court are hereby authorized and empowered to appoint a bailiff to serve in said court and discharge the duties of said office, who shall be subject to removal at the pleasure of the appointing power. 418. SEC. 3. The salary of the office hereby created, including the duties of porter, shall be twelve hundred dollars per annum. [Amendment, approved March 16, 1864; 1863-4, 186; took effect from passage. SEO. 4. All acts and parts of acts in conflict with this act are hereby repealed. Issuance of paper money. Misdemeanor. Duty of district attorney. Banking and Paper Money. An Act to prohibit any person or persons, associations, company, or corporation, from exercising the privileges of banking or creating paper to circulate as money. Approved April 19, 1855, 128. 419. SECTION 1. If any person or persons, association, company, or corporation, shall make, issue, or put in circulation, any bill, check, ticket, certificate, promissory note or the paper of any bank, to circulate as money, the said person or persons, association, company or corporation, or the persons forming the same shall, for the first offense, be deemed guilty of a misdemeanor, and for each and every subsequent offense, be deemed guilty of felony, and shall be punished as hereinafter provided. 420. SEC. 2. Any person or persons who shall, upon indictment, be convicted of having violated the provisions of this act, shall be punished for the first offense by imprisonment in the county jail not more than three months, or by fine not exceeding two thousand dollars, or by both such fine and imprisonment; and for the second and every subsequent offense, shall be punished by imprisonment in the State prison for a term not less than one year, nor more than five years, at the discretion of the court before whom such person or persons shall be tried and convicted. 421. SEC. 3. It shall be the duty of the district attorney of each county in the State to prosecute all offenses against this act, and it shall be the duty of the judges of the Charge to grand courts of sessions to give this law in charge to the grand jury, who shall inquire into and present all cases of a violation thereof. jury. Written promises to pay money negotiable. 4 Cal. 37. 10 Cal. 372, Notes signed by agents. Corporation. Actions by and Indorsers. Bills of Exchange and Promissory Notes. An Act relating to bills of exchange and promissory notes. Passed April 16, 1850, 247. 422. SECTION 1. All notes in writing, made and signed by any person, whereby he shall promise to pay to any other person or to his order, or to the order of any other person, or unto the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect, and be negotiable in like manner as inland bills of exchange, according to the custom of merchants. 423. SEC. 2. Every such note signed by the agent of any person, under a general or special authority, shall bind such person, and shall have the same effect and be negotiable as above provided. 424. SEC. 3. The word "person," in the two last preceding sections, shall be construed to extend to every corporation capable by law of making contracts. 425. SEC. 4. The payees and indorsers of every such note, payable to them or their order, and the holders of every such note payable to bearer, may maintain actions for the sums of money therein mentioned, against the makers and indorsers of the same respectively, in like manner as in cases of inland bills of exchange, and not otherwise. maker or to ficti 426. SEC. 5. Such notes, made payable to the maker thereof, or to the order of a Notes payable to fictitious person, shall, if negotiated by the maker, have the same effect and be of the tious person. same validity as against the maker, and all persons having knowledge of the facts, as if payable to the bearer. 427. SEC. 6. No person within this State shall be charged as an acceptor on a bill Acceptance must be in writing. of exchange, unless his acceptance shall be in writing, signed by himself or his lawful 8 Cal. 358. agent. 9 Cal. 260. 12 Cal. 92. 428. SEC. 7. If such acceptance be written on a paper other than the bill, it shall Acceptance on not bind the acceptor, except in favor of a person to whom such acceptance shall have separate paper. been shown, and who, on the faith thereof, shall have received the bill for a valuable consideration. 429. SEC. 8. An unconditional promise, in writing, to accept a bill before it is Promise to drawn, shall be deemed an actual acceptance in favor of every person who, upon the accept faith thereof, shall have received the bill for a valuable consideration. 430. SEC. 9. Every holder of a bill, presenting the same for acceptance, may re- Refusal of quire that the acceptance be written on the bill; a refusal to comply with such re- acceptance. quest shall be deemed a refusal to accept, and the bill may be protested for non- Protest. acceptance. non-acceptance. 431. SEC. 10. The last four sections shall not be construed to impair the right of Damages for any person to whom a promise to accept a bill may have been made, and who on the faith of such promise, shall have drawn or negotiated the bill, to recover damages of the party making such promise, on his refusal to accept such bill. deemed accept 432. SEC. 11. Every person upon whom a bill of exchange is drawn, and to whom Destroying or the same is delivered for acceptance, who shall destroy such bill, or refuse, within withholding bill twenty-four hours after such delivery, or within such other period as the holder may ance. allow, to return the bill, accepted or non-accepted, to the holder, shall be deemed to have accepted the same. on protest for non-payment. 433. SEC. 12. The rate of damages to be allowed and paid upon the usual protest Rate of damage. for non-payment of bills of exchange, drawn or negotiated within this State, shall be as follows: First, If such bill shall have been drawn upon any person or persons in any of the United States, east of the Rocky Mountains, fifteen dollars upon the hundred upon the principal sum specified in such bill; Second, If such bill shall have been drawn upon any person or persons in any port or place in Europe or in any foreign country, twenty dollars upon the hundred upon the principal sum specified in such bill. of interest, 434. SEC. 13. Such damages shall be in lieu of interest, charges of protest, and all Damages in lien other charges incurred previous to, and at the time of giving notice of non-payment; charges, &c. but the holder of such bill shall be entitled to demand and recover lawful interest upon the aggregate amount of the principal sum specified in such bill, and of the damages thereon, from the time at which notice of protest for non-payment shall have been given, and payment of such principal sum shall have been demanded. be determined. 435. SEC. 14. If the contents of such bill be expressed in money of account of the Damages, how to United States, the amount due thereon, and of the damages herein allowed for the non-payment thereof, shall be ascertained and determined without any reference to the rate of exchange existing between this State, and the place on which such bill shall have been drawn, at the time of the demand of payment, or of notice of non-payment. 436. SEC. 15. If the contents of such bill be expressed in the money of account, or Rate of exchange. currency of any foreign country, then the amount due, exclusive of the damages payable thereon, shall be ascertained and determined by the rate of exchange, or the value of such foreign currency at the time of the demand of payment. acceptance. 437. SEC. 16. Where a bill of exchange shall be protested for non-acceptance, the Damages on same rate of damages shall be allowed on the protest for non-acceptance, as provided protest for nonin the last four sections, and shall be in lieu of interest, charges of protest, and all other charges incurred previous to, and at the time of giving notice of non-acceptance; but the holder shall be entitled to recover interest upon the aggregate amount of the principal sum specified in the bill, and of the damages thereon, from the time at which notice of protest for non-acceptance shall have been given. holder for value. 438. SEC. 17. The damages allowed by this act shall be recovered only by the Damages only to holder of a bill, who shall have purchased the same, or some interest therein, for a valuable consideration. 439. SEC. 18. In all cases where a notice of non-acceptance of a bill of exchange, Notice of dishonor. Service by mail. Bills and notes heretofore made. Holidays. 3 Cal. 144. 4 Cal. 35. 8 Cal. 626. Days of grace. Instruments falling due on holidays. or non-payment of a bill of exchange, promissory note, or other negotiable instrument, may be given, by sending the same by mail, it shall be sufficient if such notice be directed to the city or town where the person sought to be charged by such notice resides at the time of drawing, making, or indorsing such bill of exchange, promissory note, or other negotiable instrument, unless such person, at the time of affixing his signature to such bill, note, or negotiable instrument, shall, in addition thereto, specify thereon the post-office to which he may require the notice to be addressed. 440. SEC. 19. Nothing in this act shall apply to bills of exchange, promissory notes, or other negotiable instruments, made or drawn before this act takes effect. An Act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes. Passed April 12, 1851, 523. 441. SECTION 1. The following days, namely: the first day of January, the fourth day of July, the twenty-fifth day of December, commonly called Christmas day, shall for all purposes whatsoever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, checks and promissory notes, made after the passage of this act, be treated and considered as is the first day of the week, usually called Sunday. Three days, commonly called days of grace, shall be allowed, except on sight bills or drafts; and any one of the holidays specified in this act coming within the three days of grace, shall be counted as one of such days. An Act in relation to bills of exchange and other negotiable instruments. Approved May 8, 1861, 310. 442. SECTION 1. All bills of exchange, checks, promissory notes, or other negotiable instruments, which, by the terms thereof, are payable with, or without grace, if the day for the payment thereof shall fall on any Sunday, or the fourth day of July or on the twenty-fifth day of December, called "Christmas Day," or on the first day of January, or any other day commonly called "Thanksgiving Day," the same shall become due and payable on the day previous to any of the days aforesaid. Redemption of bonds. Sinking fund. Bonds of Counties and Cities. An Act concerning the redemption of county and city bonds. Approved May 14, 1862, 550. 443. SECTION 1. That in all cases in which bonds, or other obligations, or contracts, for the payment of money, are issued by authority of law, by or in behalf of any county or city in this State, which are made payable on or before a certain date, or which have become due or payable, and when, by law, a sinking or other fund is provided for the payment or redemption of any part of such bonds, or other obligations, or contracts, and when such fund is in the hands of the proper officer, to make such payment or redemption, and when the proper officer has given the notice, required by law, that proposals would be received for the surrender, for redemption, or payment, of such bonds, or other obligations, or contracts, in cases where such notice is required to be given, and when, after the acceptance of the proposals, if any are made, in cases where proposals are required to be made, there still remains in such fund three thousand dollars, then the officer required by law to give the notice, as aforesaid, shall forthwith give a notice, by publication, once a week for four weeks, in a newspaper of general circulation, published in the City of San Francisco, also in a newspaper published in the county where such bonds, or other obligations, or contracts, are payable, if any is published therein, and if none is published therein, then by posting such notices at the court-house door, and in at least three public places in the said county, stating therein that the officer having charge of said fund will redeem or pay certain numbers of said bonds, or other obligations, or contracts, specifying the oldest outstanding ones, payable or redeemable out of said fund, in an amount not exceeding the sum in said fund; and if, upon the expiration of the time of the publication of said notices, the bonds, or other obligations, or contracts, described therein, shall not be presented for payment or redemption, the same shall thereupon cease to Interest to cease. bear interest. Publication. Notices. Payment of bonds and interest. 444. SEC. 2. That upon the presentation of such bonds, or other obligation or contract, as required in said notices, the same, and the interest thereon, if any, accrued at the expiration of the time for publication of such notices, shall be paid; but if not 1 料 |