Manner of impaneling. ARTICLE XII. Of Impaneling Juries of Inquest. § 254. Manner of impaneling. § 254. The manner of impaneling juries of inquest is prescribed in the provisions of the different codes relating to such inquests. Legislation § 254. 1. Enacted March 11, 1872, and then read: "The mode and manner of impaneling juries of inquest are provided for in the provisions of the different codes relating to such inquests." 2. Amended by Code Amdts. 1880, p. 51. Citations. Cal. 43/86, 173. 258. § 259. CHAPTER II. Court Commissioners. Appointment and qualifications. Appointment and qualifications. § 258. The superior court of every city and county in the state may appoint six commissioners, to be designated each as "court commissioner" of such city and county; and the superior court of every other county in the state may appoint one commissioner, to be designated as "court commissioner" of such county. Such commissioners shall be citizens of the United States, and residents of the city and county, or county, in which they are appointed, and hold offices during the pleasure of the courts appointing them. Legislation § 258. 1. Enacted March 11, 1872 (based on Stats. 1863, p. 338; Stats. 1864, p. 229), and then read: "The district courts may appoint, for each county of their respective districts, a commissioner, to be designated as 'court commissioner' of the county. If portions of a single county are assigned to dif ferent districts, then a commissioner may be appointed to reside in each portion of the county thus assigned." 2. Amended by Code Amdts. 1880, p. 51. Court commissioners: See Const., art. vi, § 14. Powers of court commissioners. § 259. Every court commissioner shall have power: 1. To hear and determine ex parte motions for orders and writs, except orders or writs of injunction in the superior court of the county, or city and county, for which he is appointed; provided, that he shall have power to hear and determine such motions only in the absence or inability to act of the judge or judges of the superior court of the county, or city and county; 2. To take proof and report his conclusions thereon as to any matter of fact other than an issue of fact raised by the pleadings, upon which information is required by the court; but any party to the proceedings may except to such report within five days after written notice that the same has been filed, and may argue his exceptions before the court on giving notice of motion for that purpose; 3. To take and approve bonds and undertakings whenever the same may be required in actions or proceedings in such superior 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, and to take acknowledgments and proof of deeds, mortgages, and other instruments requiring proof or acknowledgment for any purpose under the laws of this state; 4. To charge and collect the same fees for the performance of official acts as are now or may hereafter be allowed by law to notaries public in this state for like services; provided, that this subdivision shall not apply to any services of such commissioner, the compensation for which is expressly fixed by law; 5. To provide an official seal, upon which must be engraved the words "court commissioner" and the name of the county, or city and county, in which said commissioner resides; 6. To authenticate with his official seal his official acts. Legislation § 259. 1. Enacted March 11, 1872 (based on Stats. 1863, p. 338; Stats. 1864, p. 229), and then read: "Every such commissioner has power: 1. To hear and determine ex parte motions for orders and writs (except orders or writs of injunction) in the district and county courts of the county for which he is appointed; 2. To take proof and report his conclusions thereon, as to any matter of fact (other than an issue of fact raised in the pleadings), upon which information is required by the court; but any party to the proceedings may except to such report within four days after written notice that the same has been filed, and may argue his exceptions before the court, on giving notice of motion for that purpose; 3. To take and approve bonds and undertakings whenever the same may be required in actions or proceedings 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." 2. Amended by Code Amdts. 1877-78, p. 98, to read as at present, except that (1) the introductory paragraph, "Every court commissioner shall have power," evidently through some error, was omitted; (2) in subd. 1, (a) the words "superior court" were then printed "district and county courts," (b) and the words "or city and county," before "for which," had not then been added; (3) in subd. 2, the words "five days" were printed "four days"; (4) in subd. 3, the words "superior courts" were then printed "district and county courts"; (5) in subd. 4, the word "now" was not used before "expressly"; and (6) subd. 5 then read: "5. To provide, at the expense of the proper county, an official seal, upon which must be engraved the arms of this state, the words 'court commissioner,' and the name of the county in which such commissioner resides." 3. Amended by Code Amdts. 1880, p. 51. Citations. Cal. 56/465, 627; 104/682; 123/99, 100; 128/420; 130/447. Subd. 4. Fees of notaries public: See Pol. Code, § 798. Justices of the peace and court commissioners are the only judicial officers au. thorized to receive fees: Const., art. vi, § 15. Subd. 5. Official seals, defined: See ante, § 14. TITLE IV. Ministerial Officers of Courts of Justice. Chapter I. Of Ministerial Officers Generally. § 262. 262. II. III. Secretaries and Bailiffs of the Supreme Court. §§ 265, 266. CHAPTER I. Of Ministerial Officers Generally. Election, terms, powers, and duties, where prescribed. Election, terms, powers, and duties, where prescribed. § 262. The modes and times of election, terms, powers, and duties of the attorney-general, clerk of the supreme court, reporter of the decisions of the supreme court, clerks, sheriffs, and coroners, are prescribed in the Political and Penal Codes. Legislation § 262. 1. Enacted March 11, 1872. 2. Amended by Code Amdts. 1880, p. 52, adding the words (1) "and times," (2) "terms," and (3) "decisions of the," where they are now printed. Attorney-general: See Pol. Code, §§ 470 et seq. Clerk of supreme court: Pol. Code, §§ 749 et seq. Reporter of supreme court decisions: Pol. Code, §§ 771 et seq. County clerks: Pol. Code, §§ 4178, 4179. Sheriffs: Pol. Code, §§ 4157 et seq.; Pen. Code, §§ 1216 et seq., 1601 et seq. § 265. The justices of the supreme court may appoint two secretaries and two bailiffs, who shall be citizens of the United States and of this state. Legislation § 265. 1. Enacted March 11, 1872, and then read: "The justices of the supreme court may appoint a secretary and bailiff." 2. Amended by Code Amdts. 1880, p. 53. Tenure of office, and duties. § 266. The secretaries and bailiffs shall hold their offices at the pleasure of the justices, and shall perform such duties as may be required of them by the court or any justice thereof. Legislation § 266. 1. Enacted March 11, 1872, and as then enacted the words "secretaries and bailiffs shall hold" read "secretary and bailiff hold," and "shall perform" read "must perform." 2. Amended by Code Amdts. 1880, p. 53. Citations. Cal. 83/118. CHAPTER III. Phonographic Reporters. 268. Phonographic reporters for supreme court, where provided for. § 269. § 270. § 271. § 272. § 273. § 274. Phonographic reporters for superior courts, their appointment, and duties. Oath of office. Reports prima facie correct statements. § 274a. Transcribing of opinions and instructions, a county charge. Phonographic reporters for supreme court, where provided for. § 268. Phonographic reporters for the supreme court are provided for in part three of the Political Code. Legislation § 268. Added by Code Amdts. 1880, p. 53, in amending Part I. Phonographic reporters of supreme court: See Pol. Code, § 739 (as to salary), 769 (as to appointment), and § 770 (as to duty). Phonographic reporters for superior courts, their appointment, and duties. § 269. The judge or judges of any superior court in the state may appoint a competent phonographic reporter, or as many such reporters as there are judges, to be known as official reporter or reporters of such court, and to hold office during the pleasure of the judge or judges appointing them. Such reporter, or any one of them, where there are two or more, must, at the request of either party, or of the court in a civil action or proceeding, and on the order of the court, the district attorney, or the attorney for defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, the arguments of the prosecuting attorney to the jury, and all statements and remarks made and oral instructions given by the judge; and if directed by the court, or requested by either party, must, within such reasonable time after the trial of such case as the court may designate, write out the same, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing-machine, and certify to the same as being correctly reported and transcribed, and when directed by the court, file the same with the clerk of the court. Legislation § 269. 1. Enacted March 11, 1872 (based on Stats. 1865–66, p. 232), and then read: "The judge of each judicial district, and each county judge, may appoint a competent shorthand 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 and county of San Francisco is ex officio reporter of the probate and municipal criminal court of such city and county." 2. Amended by Code Amdts. 1873-74, p. 288, to read: "The judge of each court of record may appoint a competent shorthand reporter, to hold office during the pleasure of the judge. Such reporter must, at the request of either party, or of the court, in a civil action or proceeding, and on the order of the court, the district attorney, or the counsel for the defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, and oral instructions given, and if directed by the court, or requested by either party, must within such reasonable time after the trial of such case as the court may designate, write out the same in plain legible longhand, and verify and file it with the clerk of the court in which the case was tried." 3. Amended by Code Amdts. 1880, p. 53, to read: "The judge or judges of any superior court in the state may appoint a competent phonographic reporter, or as many such reporters as there are judges, to be known as official reporter or reporters of such court, and to hold office during the pleasure of the judge or judges appointing them. Such reporter, or any one of them, where there are two or more, shall, at the request of either party, or of the court in a civil action or proceeding, and on the order of the court, the district attorney, or the attorney for defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, and oral instructions given, and if directed by the court, or requested by either party, shall, within such reasonable time after the trial of such case as the court may designate, write out the same in plain, legible longhand, and verify and file it with the clerk of the court in which the case was tried." 4. Amendment by Stats. 1901, p. 122; unconstitutional: See note, § 5, ante. 5. Amended by Stats. 1903, p. 234. Citations. Cal. 49/354; 64/234, 237; 127/426; 145/39, 40. Qualifications and test of competency. Pro tempore reporters. § 270. No person shall be appointed to the position of official reporter of any court in this state, except upon satisfactory evidence of good moral character, and without being first examined as to his competency by at least three members of the bar practicing in said court, such members to be designated by the judge or judges of said court. The committee of members of the bar so designated shall, upon the request of the judge or judges of said court, examine any person as to his qualifications whom said judge or judges may wish to appoint as official reporter; and no person shall be appointed to such position upon whose qualifications such committee shall not have reported favorably. The test of competency before such committee shall be as follows: the party examined must write in the presence of said committee at the rate of at least one hundred and fifty words per minute, for five consecutive minutes, upon matter not previously written by or known to him, immediately read the same back to the committee, and transcribe the same into longhand writing, plainly and with accuracy. If he pass such test satisfactorily, the committee shall furnish him with a written certificate of that fact, signed by at least a majority of the members of the committee, which certificate shall be filed among the records of the court. No official reporter of any court or official reporter pro tempore shall be |