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232. The officer summoning such jurors must, at Officer's the time fixed in the order for their appearance, return it, with a list of the persons summoned indorsed. thereon.

ARTICLE VII.

MANNER OF SUMMONING JURIES OF INQUEST.

SECTION 235. How summoned.

moned.

235. Juries of inquest must be summoned by the How sumofficer before whom the proceedings are had, or any Sheriff, Policeman, or Constable, from the persons resident of the county competent to serve as jurors, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required.

ARTICLE VIII.

OBEDIENCE TO SUMMONS, HOW ENFORCED.

SECTION 238. Obedience to summons, how enforced.

to sum

mons, how

enforced.

238. Any juror summoned who willfully, and with- Obedience out reasonable excuse, fails to attend, may be attached and compelled to attend, and the Court may also impose a fine not exceeding one hundred dollars, upon which execution may issue. If the juror was not personally served, the fine must not be imposed until, upon an order to show cause, an opportunity has been offered the juror to be heard.

NOTE.-Stats. 1863, p. 630.

ARTICLE IX.

OF IMPANELING A GRAND JURY.

SECTION 241. Grand Jury, when to be impaneled.

242. Grand Jury, how constituted.

243. Jury to be impaneled as prescribed in Penal Code.

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Grand
Jury, when
to be
impaneled.

Grand

Jury, how

241. At the opening of each regular term of the County Court (unless otherwise directed by the Judge), and as often thereafter as to the Judge may seem proper, a Grand Jury may be impaneled.

242. When, of the jurors summoned, not less than constituted thirteen nor more than fifteen attend, they shall constitute the Grand Jury. If more than fifteen attend, the Clerk must call over the list summoned, and the fifteen first answering shall constitute the Grand Jury. If less than thirteen attend, the panel may be filled to fifteen as provided in Section 226.

Jury to be
impaneled

as pre-
scribed in

243. Thereafter such proceedings shall be had in impaneling the Grand Jury as are prescribed in Part

Penal Code II of THE PENAL CODE.

Clerk to
call list of

jurors sum-
moned, etc.

Jury to be
impaneled
as pre-
scribed in
Part II.

ARTICLE X.

OF IMPANELING TRIAL JURY IN COURTS OF RECORD.

SECTION 246. Clerk to call list of jurors summoned, etc.

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246. At the opening of Court, on the day trial jurors have been summoned to appear, the Clerk must call the names of those summoned, and the Court may then hear the excuses of jurors summoned. The Clerk must then write the names of the jurors present and not excused, upon separate slips or ballots of paper, and fold such slips so that the names are concealed, and then, in the presence of the Court, deposit the slips or ballots in a box, which must be kept sealed until ordered by the Court to be opened.

247. When thereafter an action is called for trial by the Court, such proceedings shall be had in impaneling the trial jury as are prescribed in Part II of this Code.

ARTICLE XI.

OF IMPANELING A TRIAL JURY IN COURTS NOT OF RECORD.

SECTION 250. Proceedings in forming jury in Courts not of record. 251. How impaneled.

250. At the time appointed for a jury trial, in Police or Justices' Courts, the list of jurors summoned must be called, and the names of those attending 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.

Proceedforming

ings in

jury in Courts not

of record.

impaneled.

251. Thereafter, if the action is a criminal one, How the jury must be impaneled as provided in THE PENAL CODE. If a civil one, as provided in Part II of this Code.

ARTICLE XII.

OF IMPANELING JURIES OF INQUEST.

SECTION 254. Mode and manner of impaneling.

254. The mode and manner of impaneling juries of inquest are provided for in the provisions of the different Codes relating to such inquests.

NOTE.-The Commissioners reported the preceding Chapter as a substitute for the then existing statutes on the same subject. We had a jury law applicable to thirty-three counties; another, entirely different in its provisions, applicable to sixteen counties; and still another, differing from both, applicable to San Francisco alone (Stats. 1861, p. 573; 1863, p. 630; 1864, p. 524); and various statutes of local application.

Mode and ranol

manner of ing.

CHAPTER II.

OF COURT COMMISSIONERS.

SECTION 258. Court Commissioners, how appointed.

259. Powers of Court Commissioners.

18-VOL. I.

Court Commissioners,

how

258. The District Courts may appoint, for each appointed. county of their respective districts, a Commissioner, to be designated as "Court Commissioner" of the county. If portions of a single county are assigned to different districts, then a Commissioner may be appointed to reside in each portion of the county thus assigned.

Powers of Court Commissioners.

NOTE.-Stats. 1863, p. 338; 1864, p. 229.

259. Every such Commissioner has power:

1. To hear and determine ex parte motions for orders and writs (except orders or writs of injunction) in the District and County Courts of the county for which he is appointed;

2. To take proof and report his conclusions thereon, as to any matter of fact (other than an issue of fact raised in the pleadings), upon which information is required by the Court; but any party to the proceedings may except to such report within four 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 District and County 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 proceeding whatever.

NOTE.-Stats. 1863, p. 338; 1864, p. 229.

Subd. 1. Except orders, or writs of injunction," the Court Commissioner has no jurisdiction to hear motions relative to the dissolution of an injunction.Stone vs. Bunker Hill M. Co., 28 Cal., p. 497. Whether an appeal may be taken from an order of a Court Commissioner dissolving an injunction, without first applying to the District Court to correct the error, was a question stated by the Court but not decided.-Id. It was held, that under the Practice Act, Section 195, as

it existed before the Code (compare Sec. 661, of this
Code), that the Court Commissioner was authorized to
extend the time for filing statement on motion for new
trial, twenty days, in addition to the five or ten days
given by statute.

COMMISSIONERS IN EQUITY were purposely omitted
by the Legislature.

TITLE IV.

OF THE MINISTERIAL OFFICERS OF THE COURTS OF
JUSTICE.

CHAPTER I. Of ministerial officers generally.
II. Of the Secretary and Bailiff of the
Supreme Court.

III. Of Phonographic Reporters.

CHAPTER I.

OF MINISTERIAL OFFICERS GENERALLY.

SECTION 262. Election, powers and duties, where prescribed.

powers and where

262. The modes of election, powers and duties of Election, the Attorney General, Clerk of the Supreme Court, duties, Reporter of the Supreme Court, Clerks, Sheriffs, and proscribed. Coroners, are prescribed in THE POLITICAL AND PENAL

CODES.

NOTE. For duties of Attorney General, See Pol. Code, Sec. 470; Clerk of Supreme Court, see Pol. Code, Sec. 750; Reporter of Supreme Court, see Pol. Code, Sec. 771; Clerks, see Pol. Code, Secs. 4204, 4205; and Sheriffs, see Pol. Code, Sec. 4176, Penal Code, Sec. 1216 et seq., and 1601 et seq.; Coroners, see Pol. Code, Secs. 4285-4290, inclusive, Penal Code, Sec. 1510.

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