CHAPTER I. OF MINISTERIAL OFFICERS GENERALLY. 262. Election, 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. Ministerial officers in general-see Const. Cal. art. 6, sec. 14; Political Code, secs. 865, 1030, 1031, 1055, 4112 to 4114, 4116, 4175 to 4193, 4205, 4206, 4314, 4315, 4332, 4333; Penal Code, secs. 1567, 1597, 1612; 4 Cal. 188, 367; 6 Cal. 92; 16 Cal. 68; 25 Cal. 183; 35 Cal. 712; 36 Cal. 202. Reporter of decisions-of Supreme Court, Const. Cal. art. 6, sec. 24; Political Code, secs. 767, 768, 771 et seq. CHAPTER II. SECRETARIES AND BAILIFFS OF THE SUPREME COURT. $265. Appointment. 266. Tenure of office, and duties. § 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. § 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. 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. § 268. Phonographic reporters for the Supreme Court are provided for in part three of the Political Code. See Political Code, secs. 739, 769, 770. § 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, 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 short-hand 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 long-hand, and verify and file it with the Clerk of the Court in which the case was tried. Code amendments-before Const. 1879, sec. 49 Cal. 353. § 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 desig nated 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. § 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. § 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. § 273. The report of the official Reporter, or official Reporter pro tempore, of any court, duly appointed and sworn, when written out in long-hand writing, and certified as being a correct transcript of the testimony and proceedings in the case, shall be, prima facie, a correct statement of such testimony and proceedings. Report as evidence-43 Cal. 176; People v. Lee Fat, April 8th, 1880. § 274. The official reporter shall receive as compensation for his services a monthly salary to be fixed by the Judge by an order duly entered on the minutes of the Court, which salary shall be paid out of the treasury of the county in the same manner and at the same time as the salaries of county officers; provided, that said month ly salary for each Superior Court, or department thereof, shall not exceed the following maximum: In counties having a population of one hundred thousand and over, three hundred dollars; in counties having a population less than one hundred thousand and exceeding fifty thousand, two hundred and seventy-five dollars; in counties having a population less than fifty thousand and exceeding thirty thousand, two hundred and fifty dollars; in conties having a population less than thirty thousand and exceeding twenty thousand, two hundred and twenty-five dollars; in counties having a populatien less than twenty thousand and exceeding fifteen thousand, two hundred dollars; in counties having a population less than fifteen thousand and exceeding twelve thousand five hundred, one hundred and seventy-five dollars; in counties having a population less than twelve thousand five hundred and exceeding ten thousand, one hundred and fifty dollars; in counties having a population less than ten thousand and exceeding seven thousand five hundred, one hundred and twenty-five dollars; in counties having a population less than seven thousand five hundred and exceeding five thousand, one hundred dollars; and in counties having a population less than five thousand, seventy-five dollars; and, further provided, that where both parties to a civil action, or either, require the testimony therein to be written out in full as the trial progresses, the official reporter shall be allowed the extra expense occasioned, to be audited by the Judge, and paid by the party or parties order ng the same; provided further, that in departments of Superior Courts devoted exclusively to the trial of criminal cases, the Judge of the Court shall, in addition, fix and allow a reasonable compensation for the transcription of testimony, to be paid out of the county, or city and county, treasury, upon the order of the Judge. In civil cases in which the testimony is taken down by the official reporter, each party shall pay a per diem of two dollars and fifty cents before judgment or verdict therein is entered; and where the testimony is transcribed, the party or parties ordering it shall pay ten cents per folio for such transcription on delivery thereof; said per diem and transcription fees to be paid to the Clerk of the Court, and by him paid into the treasury of the county, and such portion as shall be paid by the prevailing party may be taxed as costs in the case. Where there is no regular official reporter, and one is appointed temporarily by the Court, he shall receive for his services and expenses of attendance, in lieu of the salary provided in this section, such compensation as the Court |