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THE

PACIFIC REPORTER

VOLUME 176

PERMANENT EDITION

COMPRISING ALL THE DECISIONS OF THE

SUPREME COURTS OF CALIFORNIA, KANSAS, OREGON
WASHINGTON, COLORADO, MONTANA, ARIZONA
NEVADA, IDAHO, WYOMING, UTAH

NEW MEXICO, OKLAHOMA

AND OF THE COURTS OF APPEAL OF CALIFORNIA
AND CRIMINAL COURT OF APPEALS

OF OKLAHOMA,

WITH KEY-NUMBER ANNOTATIONS

CONTAINING A TABLE OF PACIFIC CASES IN WHICH REHEARINGS
HAVE BEEN DENIED

DECEMBER 23, 1918 JANUARY 27, 1919

ST. PAUL

WEST PUBLISHING CO.

1919

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JUDGES

OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME

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SUPREME COURT AND DISTRICT COURTS OF APPEAL
OF CALIFORNIA

RULE L

ADMISSION OF ATTORNEYS.

No

1. Applicants for license to practice as attorneys and counsellors will be examined in open court, as to their qualifications, by the court authorized by law to act in that behalf, and at such regular times as such court shall fix. Persons applying for admission, whether upon examination or motion, must personally appear in court at the time the application for admission is made. applicant will be examined unless there shall have been filed with the clerk of the court, in addition to satisfactory testimonials of good moral character, a certificate signed by at least two attorneys of the court, each of whom shall have been regularly engaged in practice as such attorney for at least four years next theretofore, stating, in substance, that they have, and that each of them has, carefully and diligently examined the applicant touching the qualifications of such applicant in point of learning in the law; that it satisfactorily appeared to them, and to each of them, upon such examination, that the applicant had been engaged in the study of the law for a period of time to be named in the certificate, naming the place at which, and the person under whom, if any, such study had been prosecuted; that the applicant had, during that time, read certain books of law, which books shall be enumerated in the certificate, and stating any other fact tending to show the character of the attainments of the applicant, and also stating that, in their opinion, the applicant possesses the requisite qualifications in point of learning in the law as to be entitled to be admitted to practice.

FEE-REJECTION.

2. The fee for license must in all cases be deposited with the clerk of such court when the application is made, to be returned to the applicant in case of rejection. No person rejected may again apply for admission to any court earlier than six months after such rejection.

- PLACE OF APPLICATION.

appellate district upon filing with his application a written statement showing good cause therefor, satisfactory to the court to which he applies, accompanied by the written consent of the presiding justice of the District Court of Appeal of the appellate district in which he resides or one of the divisions thereof.

When a District Court of Appeal consists of two divisions all examinations of applicants shall be held during odd-numbered years by Division One thereof and during even-numbered years by Division Two there

of.

Applications for admission under section 279 of the Code of Civil Procedure shall be determined by the division then authorized to conduct examinations.

APPLICANTS FROM OTHER STATES, ETC.

4. Every applicant for admission under section 279, Code of Civil Procedure, from a sister state or foreign country must accompany his application with a certificate from a justice or judge of the highest court of the state or country in which the license was issued, certifying to his good standing as a lawyer in such state or country, together with such other evidence of character and fitness as may be required by the court to which he applies.

RULE II.
TRANSCRIPT.

1. The appellant in a civil action shall within forty days after an appeal is perfected, except as hereinafter stated, serve and file the printed transcript of the record, duly certified to be correct by the attorneys of the respective parties, or by the clerk of the court from which the appeal is taken. If a proceeding for the settlement of a bill of exceptions which may be used in support of such appeal is pending or may still be instituted, the time aforesaid shall not begin to run until the settled and authenticated bill of exceptions has been filed, or the time in which a proceeding for such a bill of exceptions may be instituted has expired, or such proceeding if instituted has been dismissed by the trial court. If the transcript for use on appeal is prepared under the provisions of section 953a of the Code of Civil Procedure and a notice is filed by the appellant requesting a transcript under said section, the time for filing the transcript of (vii)

3. Applicants must apply for examination to the District Court of Appeal of the appellate district in which they reside; provided that a person may make application and be examined and admitted in another 176 P.

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