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CHAPTER V.

Salaries of Justices of the Supreme Court and

Superior Judges, and Officers connected with the Supreme Court.

$736. Salary of Justices of Supreme Court. $737. Salary of Superior Judges.

$738. Same.

$739. Salaries of officers connected with the Supreme Court. 736. The annual salary of each Justice of the Supreme Court is six thousand dollars.

737. The annual salaries of the Judges of the Superior Courts of the City and County of San Francisco, and of the Counties of Alameda, San Joaquin, Los Angeles, Santa Clara, Yuba and Sutter combined, Sacramento, Butte, Nevada, and Sonoma, are four thousand dollars each, one-half of which shall be paid by the State, and the other half thereof by the county for which the Judge is elected, except that in the Counties of Yuba and Sutter, one-fourth of the salary of the Superior Judge shall be paid by each county. [Approved April 23; in effect July 1, 1880.]

738. 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. [Approved April 23; in effect July 1, 1880.]

Salaries of Superior Court Judges-no forfeiture, merely postponement, by failure to decide all cases within the ninety days prescribed by Const. Cal. 1879, § 21, art. 6: Meyers v. Kenfield, Feb. 2, 1891. Appropriation for deficiency in, Stats. 1881, p. 21. Additional Superior Judge of Alameda County, salary of, see Act providing for, in Stats. 1881, p. 19.

739. The annual salaries of the officers connected with the Supreme Court aro as follows:

The Reporter of the Decisions, twenty-five hundred dollars.
The Phonographic Reporter, threo thousand dollars.
Each Secretary, sixteen hundred dollars.

Each Bailiff, twelve hundred dollars. [Approved April 23; in effect July 1, 1880.]

Reporter of Decisions-salary of, under amdt. 1880, pursuant to Const. Cal. 1879; see Smith v. Kenfield, Oct. 8, 1880, C. P. L. J. 524. Generally, see $$ 767, 768, 771, et seq.

Phonographic Reporter-generally, see §§ 769, 770.

Secretaries and bailiffs-appointment, etc., see Code Civ. Proc., $$ 265, 266.

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749. 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.

Original foundation of article-Stats. 1850, p. 74; 1863, p. 215; 1870, p. 157.

Clerk of Supreme Court--Legislature to provide for election, etc., see Const. Cal., art. 6, § 14. Vacancy in office of, how filled, § 1001.

750. 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.

Duties-to be fixed by Legislature, Const. Cal., art. 6. § 14. General analytical index of cases, to make, see Stats. 1878, p. 1002. Costs on appeal as to, 3 Cal. 212.

751. He may appoint five Deputies, two to reside at San Francisco, one at Los Angeles, one at the State Capital, and one Court-room Deputy, to accompany the Court at the direction of the Clerk. [In effect March 4, 1881.]

SEC. 2. The sum of six hundred and sixty-six and sixtyseven one-hundredths dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the purpose of paying the salary of the Court-room Deputy in the foregoing section provided for, during the period of five months next succeeding his appointment. (In effeet March 15, 1880.]

Salaries of deputies-§ 756.

752. He must collect in advance, in United States gold coin, the following fees: For filing the transcript on appeal, in each civil case appealed to the Supreme Court, fifteen dollars, in full for all services rendered in each case up to the rendering of the judgment or issuing of the remittitur, when no petition for rehearing has been filed; for filing petition for rehearing, five dollars, in full for all services in said cause thereafter, up to and including the remittitur to the Court below; for filing motion to dismiss appeal, upon Clerk's certificate, two dollars and fifty cents; for filing petitions for writs of mandate, prohibition, review, and all other original proceedings, ten dollars, in full for all services rendered in each cause; for filing orders extending the time to file transcripts, one dollar; for certificate of admission as attorney and counsellor, ten dollars; for filing each paper in writs of error to the Supreme Court of the United States, fifty 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, the sum of fifteen cents per folio, but this fee must not be taxed against the parties to suits for any paper or copies of papers necessary up to and including the remittitur; for comparing any document requiring a certificate, ten cents per folio; for each certificate under seal, one dollar. [Approved March 26, 1878.]

Dismissal of Appeal-on Clerk's certificate, former fee for, 36 Cal. 127.

753. 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. ( Approved March 26, 1878.]

754. 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. [Approved March 26, 1878.]

755. The annual salary of the Clerk of the Supreme Court is three thousand dollars. [Approved April 23; in effect July 1, 1880.]

Salary of Clerk-under amdt. 1880, Gross v. Kenfield, Oct. 8, 1880, 6 P. C. L. J. 570; but see same case, Feb. 16, 1881. Withheld until fees settled for, § 754.

756. The annual salary of each of the Deputy Clerks is eighteen hundred dollars. [Approved March 26, 1878.]

757. The Clerk of the Supreme Court must execute an official bond in the sum of ten thousand dollars.

Official bond-see $$ 947-986.

ARTICLE II.

REPORTERS OF THE SUPREME COURT.

$ 767. Reporter of Decisions, appointment and term.
§ 768. Affidavit to be made by appointee. (Repealed.)

§ 769. Phonographic Reporter, appointment and term.

§ 770.

Duties of Phonographic Reporter.

§ 771. General duties of Reporter of Decisions.

§772.

Same.

§773. Reports, what to include.

§ 774.

Justices must supervise publication.

§ 775. Proof sheets.

§ 776.

Original papers.

§777. Style of reports.

$778. Publication by contract.

§ 779. Advertisement and award.

$780. Contract, what to require.

§ 781. Purchase of volumes for use of State.

§782. Publication by State Printer.

767. Superseded by Section 21, Article VI, of the Constitution.

Appointment by Reporter-Deputy may be appointed by Reporter, Stats. 1881, p. 9.

Publication of opinions-of Supreme Court, fundamental provision for, Const. Cal. art. 6, § 16.

Decisions of Supreme Court-requisites and scope, see Code Civ. Proc., §§ 49, 53.

768. Repealed. In effect March 21, 1878 ]

769. The Supreme Court may also, in like manner, appoint a Phonographic Reporter for the Court, to hold office at its pleasure.

770. It is the duty of the Phonographic Reporter to attend upon the Court during its sessions, and to:

1. Note the points made by counsel in oral arguments;

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.

SUBDIVISION 3. Deliver to Reporter of Decisions-see $ 772.

771. 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.

As by the Court directed-see § 773.

772. 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.

773. Each report must be made in manner and form as the Court may direct.

774. 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.

775. 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.

776. 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.

777. The Reports must be published in well-bound volumes, and must be printed on good book paper, in small pica leaded, and brevier, equal in quality of paper and binding to Volumes Thirty-three to Thirty-nine, inclusive, of California Reports. [In effect March 24, 1874.]

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