§ 247. Manner of impaneling prescribed in part two. Whenever thereafter a civil action is called by the court for trial, and a jury is required, such proceedings shall be had in impaneling the trial jury as are prescribed in part two of this code. If the action be a criminal one, the jury shall be impaneled as prescribed in the Penal Code. En. March 11, 1872. Am'd. 1880, 51.

Formation of jury in civil action: See post, secs. 600-604. Criminal case: See Pen. Code, secs. 1055-1089.

ARTICLE XI.

OF IMPANELING TRIAL JURIES IN COURTS NOT OF RECORD.

250. Proceedings in forming jury. 251. Manner of impaneling.

§ 250. Proceedings in forming jury. At the time appointed for a jury trial in justices', police or other inferior courts, the list of jurors summoned must be called, and the names of those attending and not excused must be written upon separate slips of paper, folded so as to conceal the names, and placed in a box, from which the trial jury must be drawn. En. March 11, 1872. Am'd. 1880, 51.

Prac. Act, sec. 588. En. April 29, 1851.

251. Manner of impaneling. 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. En. March 11, 1872. Am'd. 1880, 51.

Similar provision: See ante, sec. 247.

ARTICLE XII.

OF IMPANELING JURIES OF INQUEST.

§ 254. Manner of impaneling.

254. Manner of impaneling. The manner of impaneling juries of inquest is prescribed in the provisions of the different codes relating to such inquests. En. March 11, 1872. Am'd. 1880. 51.

Cal. Rep. Cit. 43, 86; 43, 173.

23

CHAPTER II.

COURT COMMISSIONERS.

Appointment and qualifications. 159. Powers of ecurt commissioners.

§ 258. Appointment and qualifications. 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. En. March 11, 1872. Am'd. 1880, 51.

Court commissioners: See Const. Cal., art. 6, sec. 14.

§ 259. Powers of court commissioners. 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 pro

ceeding 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. En. March 11, 1872. Am'd. 1877-8, 98; 1880, 51.

Cal. Rep. Cit. 56, 465; 56, 627; 104, 682; 123, 99; 123, 100; 128, 420; 130, 447.

Judicial powers, persons having, order enforced before: Ante, sec. 128, subd. 2.

References and trials by referees: See post, secs. 638 et seq.

Subd. 4. Fees of notaries public: See Pol. Code, sec. 798.

Justices of the peace and court commissioners are the only judicial officers who are authorized to receive fees: Const. Cal., art. 6, sec. 15.

Subd. 5. Official seals defined: See ante, sec. 14.

Code Civil Proc.-1.

TITLE IV.

MINISTERIAL OFFICERS OF COURTS OF JUSTICE.

Chapter I. Of Ministerial Officers Generally, § 262.

II. Secretaries and Bailiffs of the Supreme Court, §§ 265, 266.

III. Phonographic Reporters, §§ 268-274.

CHAPTER I.

OF MINISTERIAL OFFICERS GENERALLY.

8262. Election, powers, and duties, where prescribed,

§ 262. Election, powers, and duties, where prescribed. 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. En. March 11, 1872. Am'd. 1880, 52.

Attorney general: See Pol. Code, secs. 470 et seq. Clerk of supreme court: Pol Code, secs. 749 et seq. Reporter of supreme court decisions: Pol. Code, secs. 771 et seq.

County clerks: Pol. Code, secs. 4204 et seq.

Sheriffs: Pol. Code, sec. 4176; Pen. Code, secs. 1216 et seq.; 1601 et seq.

Coroners: Pol. Code, secs. 4285 et seq.; Pen. Code, sec.

1510.

CHAPTER II.

SECRETARIES AND BAILIFFS OF THE SUPREME COURT.

265. Appointment.

266. Tenure of office, and duties.

8.265. Appointment. 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. En. March 11, 1872. Am'd. 1880, 53.

§ 266. Tenure of office, and duties. 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. En. March 11, 1872. Am'd. 1880, 53.

Cal. Rep. Cit. 83, 118.

CHAPTER III.

PHONOGRAPHIC REPORTERS.

268. Phonographic reporters for supreme court, where provided for. 269. Phonographic reporters for superior courts, their appointment, and duties.

270. Qualifications and test of competency.

271. Attention to duties, reporters pro tempore.

272. Oath of office.

273. Reports prima facie correct statements.

274. Compensation.

Gen. Cit. to Chap.-Cal. Rep. Cit. 127, 426.

§ 268. Phonographic reporters for supreme court, where provided for. Phonographic reporters for the supreme court are provided for in part three of the Political Code. En. Stats. 1880, 53.

Cal. Rep. Cit. 127, 160.

Phonographic reporters: See Pol. Code, sec. 789 as to salary; sec. 769 as to appointment; and sec. 770 as to duty of phonographic reporter of supreme court.

§ 269. Phonographic reporters for superior courts, their appointment, and duties.. 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 at