Salaries of justices and clerks.

§ 102b. Said justices of the peace shall receive a salary of three thousand dollars per year, and said justices' clerk shall receive a salary of eighteen hundred dollars per year, and said deputy clerks shall each receive a salary of one thousand two hundred dollars per year, each payable in like manner and out of the same funds and at like times as county officers are paid, and such salaries provided to be paid to said justices of the peace shall be in lieu of all fees due and to become due such justices of the peace for the performance of any official act. [New section approved March 23, 1911; Stats. 1911, p. 442.]

The act adding §§ 99-102b to the code contained the following provision: 87. Nothing in this act shall in any way interfere with or terminate the term of office of any person now holding the office of either justice of the peace or clerk of the justices' court, but immediately upon this act taking effect said justice of the peace shall organize said court under the provision of this act. Justice's courts and justices. In counties. In cities of various classes. Jurisdiction. Qualifications. Salaries. Fees.

§ 103. There shall be at least one justice's court in each of the townships of the state, for which one justice of the peace must be elected by the qualified electors of the township, at the general state election next preceding the expiration of the term of office of his predecessor. In any county where in the opinion of the board of supervisors the public convenience requires it, the said board may, by order, provide that two justices' courts may be established in any township, designating the same in such order; and in such case, one justice of the peace must be elected in the manner herein provided for each of said courts. In every city or town of the first and one-half class there must be five justices of the peace, and in every city or town of the second class there must be two justices of the peace, and in every city or town of the second and onehalf class there must be one justice of the peace, and in every city or town of the third and fourth classes there must be one justice of the peace, to be elected in like manner by the electors of such cities or towns respectively; and such justices of the peace of cities or towns shall have the same jurisdiction, civil and criminal, as justices of the peace of townships and township justices' courts. Said justices of the peace of cities and justices' courts of cities shall also have jurisdiction of all proceedings for the violation of any ordinance of any city in which courts are established, both civil and criminal, and of all actions for the collection of any license required by any ordinance of any such city or town, and generally exercise all powers, duties and jurisdiction civil and criminal, of police judges, judges of police courts, recorder's court or mayor's court, within such city. No person is eligible to the office of justice of the peace in any city or town of the first, first and one-half, second, second and one-half or third class, who has not been admitted to practice law in a court of record; and no justice of the peace is permitted to practice law before another justice of the peace in the city, town or county in which he resides, or to have a partner engaged in the practice

of law in any justice's court in such city, town or county. Every city justice of the peace in any city or town of the first and one-half class shall receive a salary of three thousand dollars per annum, and every city justice of the peace in any city or town of the second class shall receive a salary of three thousand six hundred dollars per annum, and every city justice of the peace in any city or town of the second and one-half class shall receive a salary of three thousand dollars per annum, and every city justice of the peace in any city or town of the third class shall receive a salary of two thousand dollars per annum, and every city justice of the peace in any city or town of the fourth class shall receive a salary of one thousand five hundred dollars per annum; and each justice of the peace shall be provided by the city or town authorities with a suitable office in which to hold his court. Where the compensation of the justice of the peace of any city or town is by salary it shall be paid by warrants drawn each month upon the salary fund, or if there be no salary fund, then upon the general fund of such city or town; such warrants to be audited and paid as salaries of any other city officials. fees which are chargeable by law for services rendered by such city justice of the peace in cities or towns aforesaid shall be by them respectively collected, and on the first Monday of each month every such city or town justice shall make a report, under oath, to the city or town treasurer, of the amount of fees so by him collected, and pay the amount so collected into the city or town treasury, to the credit of the general fund thereof. Said salaries shall be the sole compensation of the said city justice. [Amendment approved April 29, 1911; Stats. 1911, p. 1215.] Clerk to justice's court in cities of second and one-half and third classes, duties, etc.

All

§ 1032. Every city justice's court in any city or town of the second and one-half class and the third class shall have a clerk, who shall be appointed by the justice of the peace of said court, subject to the approval of the board of supervisors of the county, and shall hold office during the pleasure of said justice. Said clerk shall give a bond in the sum of five thousand dollars, with at least two sureties to be approved by the mayor, conditioned for the faithful discharge of the duties of his office. He shall keep a record of the proceedings of said court and issue all process ordered by the justice of said court, and receive and pay into the city treasury all fines, forfeitures and fees paid into said court. He shall render each month to the city council an exact account under oath of all fines, forfeitures and fees paid and collected. He shall prepare bonds, justify bail, when the amount has been fixed by the court or justice, and may administer and certify oaths, and shall remain in the courtrooms of said court during court hours and during such reasonable times thereafter as may be necessary for the proper performance of his duty. He shall have custody of all records and papers of said justice court. Every clerk of the justice's court in any city or town of the second and one-half class shall receive an annual salary of one thousand four hundred dollars, and every clerk of the justice's court in any city

or town of the third class shall receive an annual salary of one thousand two hundred dollars; said salaries shall respectively be payable in equal monthly installments out of the treasury of said cities and said salaries shall be the full compensation for all services rendered by the clerks of said courts. [Amendment approved April 29, 1911; Stats. 1911, p. 1214.]

§ 128.

Citations. Cal. (subd. 8) 157/647. App. (subd. 5) 14/437, 438.

Citations. Cal. 158/603, 607, 608; (subd. 2) 158/68. App. 9/524.

Matter to be taken down in shorthand. By official reporter or other stenographer.

§ 274a. Judges of the superior court may have any opinion given or rendered by such judge in the trial of any action or proceeding, pending in such court, or any instructions to be given by such court to the jury, or any necessary order, petition, citation, commitment or judgment in any insanity proceeding, probate proceeding, proceeding concerning new or additional bonds of county officials, or juvenile court proceeding, taken down in shorthand and transcribed by the official reporter of such court; but if there be no official reporter for such court, then by any competent stenographer or typewriter, the cost thereof to be a legal charge against the county, payable out of the general fund in the county treasury in the same manner as any other claims against the county, when properly approved by the said judge so ordering the same. [Amendment approved March 25, 1911; Stats. 1911, p. 499.]

§ 275.

Citations. App. 11/230.

§ 278.

Citations. App. 12/349.

§ 282.

Citations. Cal. 157/429. App. 12/349; (subd. 16) 11/121.

§ 283.

Citations. App. 8/402; 12/729, 780.

§ 284.

Citations. App. 9/199.

Causes for which court may remove attorney.

§ 287. An attorney and counselor may be removed or suspended by the supreme court, or any department thereof, or by any district court of appeal, or by any superior court of the state, for either of the following causes, arising after his admission to practice:

1. His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evidence; 2. Willful disobedience or violation of an order of the court requiring him to do or forbear an act connected with, or in the course of his profession, which he ought in good faith to do or forbear, and any violation of the oath taken by him, or of his duties as such attorney and counselor; 3. Corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding;

4. Lending his name to be used as attorney and counselor by another person who is not an attorney and counselor;

5. For the commission of any act involving moral turpitude, dishonesty or corruption, whether the same be committed in the course of his relations as an attorney or counselor at law, or otherwise, and whether the same shall constitute a felony or misdemeanor or not; and in the event that such act shall constitute a felony or misdemeanor, conviction thereof in a criminal proceeding shall not be a condition precedent to disbarment or suspension from practice therefor.

In all cases where an attorney is removed or suspended by a superior court, the judgment or order of removal or suspension may be reviewed on appeal by the supreme court. [Amendment approved April 10, 1911; Stats. 1911, p. 848.]

Citations. Cal. 157/428, 430. App. 11/441.

Citation of accused by publication.

§ 292. Upon receiving the accusation, the court shall make an order requiring the accused to appear and answer it at a specified time, and shall cause a copy of the order and of the accusation to be served upon the accused at least five days before the day appointed in the order. If it shall appear by affidavit to the satisfaction of the court or judge that the accused resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state; or conceals himself to avoid the service of the order to show cause, the court or judge may direct the service of a citation to the accused, requiring him to appear and answer the accusation, to be made by publication in a newspaper of general circulation published in the county in which the proceeding is pending for thirty days. Such citation must be directed to the accused, recite the date of the filing of the accusation, the name of