251. Thereafter, if the action is a criminal one, the jury must be impaneled as provided in the Penal Code; if a civil one, as provided in part two of this code.-1880-51. Section 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. -1880-51. 258. Appointment and qualifica- 259. Powers of court commistions. sioners. 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. --1880-51. 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 sub division 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. -1880-51 TITLE IV. Ministerial Officers of Courts of Justice. Chapter I. Of Ministerial Officers Generally. Section II. Secretaries and Bailiffs of the Supreme Court. CHAPTER I. Of Ministerial Officers Generally. 262. Election, powers and duties, where prescribed. 262. The modes and times of elections, 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.-1880-52. 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.-1880-53. 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.-1880-53... Section CHAPTER III. Phonographic Reporters. Section 268. Phonographic reporters for 272. Oath of office. court, where pro supreme vided for. 269. Phonographic reporters for superior courts, their appointment, and duties. 270. Qualifications and test of competency. 273. Reports prima facie correct statements. 274. Fees. 274a. Matter to be taken down in shorthand. By official reporter or other stenograph er. 271. Attention to duties. Report- 274b. Fees of phonographic reers pro tempore. porter. 268. Phonographic reporters for the supreme court are provided for in part three of the Political Code.-1880-53. 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. -1903-234. 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 com mittee, which certificate shall be filed among the records of the court. No official reporter of any court or official reporter pro tempore shall be competent to act as official reporter in any court of the state who shall have failed and neglected to transcribe any notes in a criminal proceeding or action on appeal and which notes are required by law to be by him transcribed until he shall have fully completed and filed all transcription of his notes in any criminal case on appeal required by law to be by him transcribed. -1909-1082. 271. The official reporter of any superior court shall attend to the duties of his office in person, except when excused for good and sufficient reason by order of the court, which order shall be entered upon the minutes of the court. Employment in his professional capacity elsewhere shall not be deemed a good and sufficient reason for such excuse. When the official reporter of any court has been excused in the manner provided in this section, the_court_may appoint an official reporter pro tempore, who shall perform the same duties and receive the same compensation during the term of his employment as the official reporter.-1880-54. 272. The official reporter of any court, or official reporter pro tempore, shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office.--1880-54. 273. The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and proceedings.-1903-234. 274. For his services, the official reporter shall receive the following fees, except in counties where a statute provides otherwise: For reporting testimony and proceedings, ten dollars per day, which amount, when more than one case is reported in one day, must be apportioned by the court between the several cases; For transcription, for one copy, twenty cents per hundred words; for two copies made at one time, fifteen cents each per hundred words; for three copies made at one time, eleven cents each per hundred words; for four copies made at one time, nine cents each per hundred words; and for five or more copies made at one time, eight cents each per hundred words. In criminal cases, the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court; provided, that when there is no official reporter in attendance, and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner. In civil cases, the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and, in either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees therefor have been paid to him or deposited with the clerk of the court.-1903-234. 274a. Judges of the superior court may have any opinion given or rendered by such judge in the trial of any action or proceed ing, 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.-1911-499. 274b. The phonographic reporter shall receive for making an original and three carbon copies of the portion of his notes ordered transcribed, or transcribed in any criminal case after sentence, the sum of thirty cents per folio; provided, however, that he shall receive no compensation for transcribing any notes unless the same shall have been transcribed by him within the time provided by law.-1909-1083. TITLE V. Persons Specially Invested with Ministerial Powers Relating to Chapter I. Attorneys and Counselors at Law. 161 1209√ 284 Section II. Other Persons Invested with Such Powers. CHAPTER I. Attorneys and Counselors at Law. Section 275. Who may be admitted as at- 288. Conviction of felony. torneys. 276. Qualifications. 289. Proceedings for removal or suspension. 276a. Board of bar examiners. 290. Accusation. Fees. Compensation. Persons 277. Certificate of admission and 278. Oath. 279. Attorneys of other states. 291. Verification. 292. Citation of accused by publication. 293. Appearance. 294. Objections to accusation. 295. Demurrer. 296. Answer. 281. Penalty for practicing with- 297. Trial. out license. 282. Duties. 283. Authority. 284. Change of attorney. 285. Notice of change. 286. Death or removal of attorney. 298. Reference to take depositions 299. Judgment. 300. Disbarred and suspended at torneys. 301. Failure of alien admitted to practice law to become naturalized; penalty. 275. Any citizen of the United States, or any resident of this state who has, bona fide, declared his intention to become a citizen |