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Terms of
Court.

Terms; where held.

Sheriff to provide necessaries.

49. There must be six terms in each year for the hearing of causes, to commence on the second Monday of January, April, May, July, October, and November; additional terms may also be held by order of the Court.

SEC. 2. Section fifty of said Code is hereby amended so as to read as follows:

50. The January and July terms of this Court shall be held at the City and County of San Francisco, the April and October term at the City of Los Angeles, and the May and November terms at the State Capitol. If proper rooms in which to hold the Court, and for the accommodation of the officers thereof, are not provided by the State, together with attendants, furniture, fuel, lights, and stationery suitable and sufficient for the transaction of business, the Court may direct the Sheriff of the county in which it is held to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses thereof, certified by a majority of the Justices to be correct, must be paid out of the State treasury for which expenses, and to defray the traveling expenses of the Justices and officers of the Court, as specified in section fiftyone of this Code, a sufficient sum shall be annually appropriated out of any funds in the State treasury not otherwise appropriated; said moneys shall be subject to the order of the clerk of said Court, and by him disbursed on proper vouchers, and the same shall be accounted for by him, in annual settlements with the Controller of State, on the first Monday of December of each year.

SEC. 3. A new section, to be numbered section fifty-one, is hereby added to said Code of Civil Procedure to read as follows:

51. The Justices and officers of the Court shall be allowed their actual traveling expenses in going to and from San Francisco, Los Angeles, and the State Capitol for the purpose of holding terms of Court, as prescribed in sections fortynine and fifty of this Chapter.

SEC. 4. Section seven hundred and fifty-one of the Political Code is amended so as to read as follows:

751. He may appoint three deputies, one to reside at San Francisco, one at Los Angeles, and one at the State Capitol, and separate records shall

be made and preserved at the several places for holding said Court.

SEC. 5. This Act shall take effect on the first day of October, A. D. eighteen huudred and seventy-eight.

SEC. 6. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed so far as they conflict with the provisions hereof.

New section.

Traveling expenses allowed.

Deputies.

Repealed.

CHAP. CCCL.–An Act to amend sections seven hundred and fifty-two, seven hundred and fifty-three, seven hundred and fiftyfour, and seven hundred and fifty-six of the Political Code.

[Approved March 26, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section seven hundred and fifty-two of the
Political Code is hereby amended so as to read as follows:

752. He must collect in advance, in United States gold Fees. 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.

SEC. 2. Section seven hundred and fifty-three of the Political Code is hereby amended so as to read as follows:

753. All fees collected by him must be paid into the Fees; how State treasury, eighty per cent. thereof to the credit of the disposed of. General Fund, and twenty per cent. thereof to the credit of the Supreme Court Library Fund.

SEC. 3. Section seven hundred and fifty-four of the Political Code is hereby amended so as to read as follows:

754. He is responsible and must account for, and in his Settlement settlement with the Controller must be charged, with the full with conamount 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. 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

He

Amended.

allowed or paid until all fees so accruing, and for which he is chargeable, have been accounted for and paid over.

Sec. 4. Section seven hundred and fifty-six of the Political Code is hereby amended so as to read as follows:

: 756. The annual salary of each of the Deputy Clerks is eighteen hundred dollars.

CHAP. CCLXX.–An Act to amend section seven hundred and

ninety-one of the Political Code.

[Approved March 18, 1878.]

Governor to

commission

The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section seven hundred and ninety-one of the
Political Code is amended so as to read as follows:

791. The Governor must appoint and commission Notaappoint and ries Public as follows: Fifteen for each of the Counties of Notaries. Alpine, Del Norte, Lake, Lassen, Marin, Mariposa, Modoc,

Mono, Plumas, San Benito, San Diego, San Mateo, Shasta,
Sierra, Siskiyou, Sutter, Tehama, Trinity, and Ventura.
Twenty for each of the Counties of Amador, Butte, Cala-
veras, Colusa, Contra Costa, El Dorado, Fresno, Humboldt,
Inyo, Kern, Mendocino, Merced, Monterey, Napa, Placer, San
Bernardino, San Luis Obispo, Santa Barbara, Santa Cruz,
Solano, Stanislaus, Tuolumne, Yolo, and Yuba. Twenty;
five for each of the Counties of San Joaquin, Sonoma, and
Tulare, and Nevada. Thirty for each of the Counties of
Alameda, Los Angeles, Sacramento, San Francisco, and Santa
Clara. Fifteen for each of the counties created subsequently
to the passage of this Act.

Sec. 2. This Act shall take effect immediately.

CHAP. CCCLV.-An Act to amend section eight hundred of the

Political Code of California, relative to the oath of office of
Notaries Public.

[Approved March 26, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section eight hundred of the Political Code

is amended to read as follows: Notary to 800. Each Notary, so soon as he has taken his official tertificate. oath and filed his official bond, must transmit a certificate

of the facts, under the hand and seal of the County Clerk, together with a copy of his official oath, signed by him with his own proper signature, to the office of the Secretary of State.

SEC. 2. This Act shall take effect and be in force from and after its passage.

be filed.

CHAP. CCCCLXXVI.-An Act to amend section nine hundred

and nine of the Political Code of California, relative to oath of office of County Judges.

[Approved March 30, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section nine hundred and nine of the Political Code is amended to read as follows:

909. Every oath of office, certified by the officer before Oaths must whom the same was taken, must be filed within the time required by law, except when otherwise specially provided, as follows:

First—The oath of all officers, whose authority is not Oaths filed limited to any particular county, in the office of the Secre- with Secretary of State.

SecondThe oath of all officers elected or appointed for County offiany county, and of all officers whose duties are local or with Clerk. whose residence in any particular county is prescribed by law, in the offices of the Clerks of their respective counties. Third-Each County Judge and County Clerk must

, so Qath of soon as he has taken and subscribed his official oath, file a where filed. copy thereof, signed with his own proper signature, in the Office of the Secretary of State.

tary of State.

CHAP. XIII.-An Act to amend sections one thousand and fiftythree and one thousand and fifty-five of the Political Code.

[Approved January 11, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section one thousand and fifty-three of the
Political Code is hereby amended so as to read as follows:

1053. At least thirty days before each general or judicial Proclamaelection, and whenever he orders a special election to fill a vacancy in the office of State Senator or member of Assembly, at least ten days before such special election, the Governor must issue an election proclamation under his hand and the great seal of the State, and transmit copies thereof to the Board of Supervisors of the counties in which such elections are to be held.

tion.

Duties of

proclamation.

SEC. 2. Section one thousand and fifty-five of the Political Code is hereby amended so as to read as follows:

1055. The Board of Supervisors, upon receipt of such on receiving proclamation, may, in case of general or judicial elections,

in their discretion, cause a copy of the same to be published in some newspaper printed in the county (if any), and to be posted at each place of election at least ten days before the election, or may cause written or printed notices of the election to be posted at each election precinct at least ten days before the election, and in case of special elections to fill a vacancy in the office of State Senator or member of Assembly, the Board of Supervisors, upon receipt of such proclamation, may, in their discretion, cause a copy of the same to be published or posted as hereinabove provided, except that such publication or posting need not be made for a longer period than five days before such election.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAP. CCCCLXXX.-An Act to amend an Act entitled an Act

to establish a Political Code in relation to elections.

Voter to

[Approved March 30, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section twelve hundred and twenty-five of said Code is amended so as to read as follows:

1225. The person offering to vote must hand his ballot to handspectot. the Inspector, or to one of the Judges acting as Inspector,

and announce his name and the number affixed to it on the register in use at the precinct where he offers his vote; provided, that in incorporated cities and towns the said person shall also give the name of the street, avenue, or location of his residence, and the number thereof, if it be numbered, or such clear and definite description of the place of such residence as shall definitely fix the same.

SEC. 2. Section twelve hundred and twenty-six of said

Code is amended so as to read as follows: Duty of 1226. The Inspector, or Judge acting as such, must receive Inspector on the ballot, and before depositing it in the ballot-box, must, receiving

in an audible tone of voice, announce the name and register number; provided, that in incorporated towns and cities the said Inspector, or Judge acting as such, shall also announce the residence of the person voting, and the same shall be recorded on the poll-list by the Polí Clerk.

SEC. 3. Section twelve hundred and twenty-seven of said Code is amended so as to read as follows:

1227. If the name be found on the register in use at the placed in

precinct where the vote is offered, and the vote is not rejected upon a challenge taken, the Inspector, or Judge acting as such, must, in the presence of the Board of Election, place

ballot.

Ballot to be

box.

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