dino, Kern, Placer, Humboldt, Tulare, Fresno, Solano, Yolo, Contra Costa, Kings, Amador, Calaveras, Stanislaus, El Dorado, Merced, Madera, Tuolumne, Napa and San Benito, four thousand dollars, of the county of Orange three thousand five hundred dollars, and of the county of Alpine two thousand dollars; one half of which shall be paid by the state and the other half thereof by the county of which the judge is elected or appointed. . History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 12; April 23, 1880, Code Amdts. 1880 (Pol. pt.), p. 88; February 21, 1889, Stats. and Amdts. 1889, p. 34; March 31, 1891, Stats. and Amdts. 1891, p. 267; March 20, 1899, Stats. and Amdts. 1899, pp. 132, 133; February 28, 1901, Stats. and Amdts. 1900-1, pp. 71, 72; March 7, 1905, Stats. and Amdts. 1905, p. 75. As to prohibiting judges to draw salary 1879 art. VI § 24; HENNING'S GENERAL until affidavit is made that no cause re- LAWS p. lxxxv. mains undecided for ninety days, see Const. § 738. SAME. [IN OTHER COUNTIES.] The annual salaries of the judges of the other superior courts are three thousand dollars each, one half thereof payable by the state, and the other half thereof payable by the county for which the judge is elected. History: Enacted March 12, 1872; amended April 23, 1880, Code § 739. SALARIES OF OFFICERS CONNECTED WITH THE SUPREME COURT. The annual salaries of the officers connected with the supreme court are as follows: The reporter of the decisions of the supreme court and of the district courts of appeal, twenty-five hundred dollars; the assistant reporters of the decisions of the supreme court and of the district courts of appeal, not exceeding three in number, one at twenty-four hundred dollars and two at twelve hundred dollars each, one phonographic reporter, three thousand dollars, and one phonographic reporter, twenty-four hundred dollars; two secretaries of the court, each, twenty-four hundred dollars; each bailiff, fifteen hundred dollars; the librarian, fifteen hundred dollars. History: Enacted March 12, 1872; amended April 23, 1880, Code Amdts. 1880 (Pol. pt.), p. 88; March 21, 1887, Stats. and Amdts. 1886-7, p. 221; March 27, 1897, Stats. and Amdts. 1897, pp. 208, 209; March 9, 1901, Stats. and Amdts. 1900-1, p. 115; March 18, 1905, Stats. and Amdts. 1905, p. 165; in effect immediately. Applied, cited, construed, referred to, etc., in: Fox vs. Lindley, 57 Cal. 650, 652 (referred to). As to appointment and terms of office of phonographic reporters to superior court, see post § 769. As to appointment of secretary and bailiff, see KERR'S CYC. CODE CIV. PROC. § 265 and note. As to duties of phonographic reporter, see post § 770. As to tenure of office of secretary and bailiff, see KERR'S CYC. CODE CIV. PROC. § 266 and note. 749-752 (160) CLERK OF SUPREME COURT-TERM AND DEPUTIES. [Pt. III. § 749. ELECTION AND TERM OF OFFICE. The clerk of the supreme court is elected at the same time the governor is elected, and holds his office for the term of four years from and after the first Monday in December next succeeding his election. History: Enacted March 12, 1872. As to salaries of deputies to officers, see post 756. As to vacancy in office of clerk of supreme court, how filled, see post § 1001. § 750. GENERAL DUTIES. The clerk of the supreme court must perform such duties as are prescribed in the Penal Code and Code of Civil Procedure, and such duties as may be required of him by the rules and practice of the court. History: Enacted March 12, 1872. § 751. DEPUTY CLERKS; NUMBER AND APPOINTMENT. There shall be appointed by the clerk of the supreme court five deputy clerks of the supreme court; and there shall likewise be appointed, in addition thereto, a chief deputy clerk of said supreme court, who shall act as clerk of the supreme court in the absence of said clerk. The chief deputy clerk and deputy clerks of the supreme court shall be civil executive officers. History: Enacted March 12, 1872; amended January 20, 1876, Code Amdts. 1875-6, p. 23; March 8, 1878, Code Amdts. 1877-8, p. 22; March 15, 1880, Code Amdts. 1880 (Pol. pt.), p. 5; March 4, 1881, Stats. and Amdts. 1881, p. 48; April 6, 1891, Stats. and Amdts. 1891, p. 508; March 20, 1899, Stats. and Amdts. 1899, p. 142. [APPOINTMENT § 75112. STENOGRAPHER OF SUPREME COURT. AND SALARY OF.] The clerk of the supreme court is hereby authorized to employ a stenographer, whose salary shall be one thousand dollars annually and be payable at the same time and in the same manner as other state officers are paid. History: Enacted March 18, 1903, Stats. and Amdts. 1903, p. 186. § 752. FEES TO BE COLLECTED BY. He must collect in advance the following fees: For filing the transcript on appeal, in each civil case appealed to the supreme court, ten dollars, in full of all services rendered in each case up to the rendering of the judgment or the issuing of the remittitur, when no petition for a rehearing has been filed; for filing a petition for a rehearing, and for all services to the issuing of remittitur to the court below, two dollars and fifty cents; for filing motion to dismiss appeal on clerk's certificate, two dollars and fifty cents; for filing petitions for writs of mandate, review, prohibition, and other original proceedings, seven dollars and fifty cents, in full for all services rendered in each case; for filing order extending time to file transcript, fifty cents; for certificate of admission as attorney and counselor, ten dollars; for filing each paper in writs of error to the supreme court of the United States, twenty-five cents; for making record in writs of error to the supreme court of the United States, and for copies of any record or document in his office, per folio, ten cents; but this fee shall not be taxed against parties to suit for any paper or copy of paper up to and including remittitur; for comparing any document requiring any document requiring a certificate, per folio, five cents; for each certificate under seal, one dollar. History: Enacted March 12, 1872; amended March 26, 1878, Code 1. Applied, cited, construed, referred to. 1. Applied, cited, construed, referred to, etc., in: I. X. L. Lime Co. vs. Superior Court, 143 Cal. 170, 172, 76 Pac. Rep. 973 (cited). 2. Certiorari is a civil proceeding, and a party seeking such writ must pay to clerk of supreme court fees fixed by law for services of such clerk in such proceeding.-I. X. L. Lime Co. vs. Superior Court, 143 Cal. 170, 172, 76 Pac. Rep. 973. § 753. DISPOSITION OF FEES. All fees collected by him must be paid into the state treasury, eighty per cent thereof to the credit of the general fund, and twenty per cent thereof to the credit of the supreme court library fund. History: Enacted March 12, 1872; amended March 26, 1878, Code §754. SETTLEMENTS, WHEN AND HOW MADE. He is responsible and must account for, and in his settlement with the controller must be charged, with the full amount of all fees collected or chargeable, and accruing in causes. brought into the court, for services rendered therein up to the time of each settlement, and must, at the end of every month, pay the same into the state treasury. He must also, at the end of every month, render to the controller of state, in such form as that officer prescribes, an account in detail, under his own oath, of all fees chargeable and accruing in causes brought into court and not included in his previous accounts rendered. His salary must not be allowed or paid until all fees so accruing, and for which he is chargeable, have been accounted for and paid over. History: Enacted March 12, 1872; amended March 26, 1878, Code $755. SALARY OF CLERK. The annual salary of the clerk of the supreme court is three thousand dollars. History: Enacted March 12, 1872; amended April 23, 1880, Code 1. Applied, cited, construed, referred to. 2. Altering compensation of clerk. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Gross vs. Kenfield, 57 Cal. 626, 627 (construed). Pol. C.-11 2. ALTERING THE COMPENSATION OF CLERK.-Constitutional provision against altering compensation of an officer during his term applies to clerk of supreme court who was elected at first election after adop § 756-767 (162) SALARIES OF DEPUTIES- REPORTER SUPREME COURT. tion of constitution, and whose salary was fixed by law prior to such adoption. The amendment of above section of April 23, 1881, was held inoperative as to compensation of clerk whose term of office had com [Pt. III. menced before date of such amendment.Gross vs. Kenfield, 57 Cal. 626, 627. As to withholding salary until fees are settled for, see ante § 754. § 756. SALARY OF DEPUTIES. The annual salary of the chief deputy clerk of the supreme court shall be twenty-four hundred dollars; the annual salary of each of the deputy clerks of the supreme court shall be eighteen hundred dollars. The salaries of the chief deputy clerk and the deputy clerks of the supreme court shall be paid out of the state treasury in the same manner and at the same time as the salaries of other state officers are paid. § 757. History: Enacted March 12, 1872; amended January 20, 1876, Code Amdts. 1875-6, p. 23; March 26, 1878, Code Amdts. 1877-8, p. 24; March 20, 1899, Stats. and Amdts. 1899, p. 142. OFFICIAL BOND. The clerk of the supreme court must execute an official bond in the sum of ten thousand dollars. History: Enacted March 12, 1872. As to bonds of officers, see post §§ 947-986 and notes. § 758. OFFICERS OF AND SALARIES. Each of the three district courts of appeal may employ and appoint the following officers of their respective courts, and whose salaries shall be as follows: One clerk, at twenty-four hundred dollars per annum; one deputy clerk at eighteen hundred dollars per annum; one stenographer, who shall be a deputy clerk, at eighteen hundred dollars per annum; and one bailiff at twelve hundred dollars per annum. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 170; in effect immediately. § 767. REPORTER OF DECISIONS OF SUPREME COURT AND DISTRICT COURTS OF APPEAL; APPOINTMENT AND ASSISTANTS. The reporter of the decisions of the supreme court and of the district courts of appeal, and not more than three assistant reporters thereof, shall each be appointed by the supreme court, and shall each hold office and be removable at the pleasure of the supreme court. History: Enacted March 12, 1872; amended March 21, 1878, Stats. 1877-8, p. 389; March 18, 1905, Stats. and Amdts. 1905, p. 220. Original section superseded by Const. art. VI § 21 (HENNING'S GENERAL LAWS p. Ixxxv), providing for appointment of re porter by supreme court and making term of office at pleasure of such court. As to appointment of deputy, see Const. 1879 art. VI § 21; HENNING'S GENERAL LAWS p. lxxxv. As to fundamental provision for publica tion of opinions, see Const. 1879 art. VI § 16: HENNING'S GENERAL LAWS p. lxxxiv. As to salary of reporter, see ante § 739. § 768. AFFIDAVIT TO BE MADE BY APPOINTEE (repealed). History: Enacted March 12, 1872; repealed March 21, 1878, Stats. 1877-8, p. 389. § 769. PHONOGRAPHIC REPORTERS, APPOINTMENT AND TERMS. The supreme court may also, in like manner, appoint two phonographic reporters for the court, to hold office at its pleasure. History: Enacted March 12, 1872; amended March 27, 1897, Stats. and § 770. DUTIES OF PHONOGRAPHIC REPORTER. It is the duty of the 2. To take down all opinions of the court delivered orally; 3. Write out his notes in longhand, upon the order of the court, and deliver such writing to the reporter of the decisions of the court; 4. Perform such other duties as may be imposed upon him by the court or a justice thereof. History: Enacted March 12, 1872. § 771. GENERAL DUTIES OF REPORTER OF DECISIONS. The reporter of the decisions of the supreme court must prepare a report of such cases decided as he may by the court be directed to report. History: Enacted March 12, 1872. § 772. SAME. [PREPARATION OF REPORT; CORRECTION AND APPROVAL.] He must, from the notes delivered to him by the phonographic reporter, prepare a report of each of the cases included therein, and after preparing such report, must submit it to the court for correction and approval. History: Enacted March 12, 1872. § 773. REPORTS, MANNER AND FORM OF. Each report must be made in manner and form as the court may direct. History: Enacted March 12, 1872. § 774. JUSTICES MUST SUPERVISE PUBLICATION. The reports must be published under the supervision of the court, and to that end each of the justices must be furnished by the reporter with proof sheets of each volume thirty days before its final publication. History: Enacted March 12, 1872. $775. PROOF SHEETS. Within thirty days after such proof sheets are furnished, the justices may return them to the reporter with corrections or alterations, and he must make the corrections or alterations accordingly. History: Enacted March 12, 1872. §776. ORIGINAL PAPERS. The reporter may take the original opinions and papers in each case from the clerk's office, and retain them in his possession not exceeding sixty days. History: Enacted March 12, 1872. |