settlements by the clerk of the supreme court, are hereby made applicable to the clerk of the district courts of appeal. Legislation § 761. Added by Stats. 1907, p. 984. ARTICLE II. Reporters of the Supreme Court. 1767. Supreme court and district courts of appeal. Appointment of reporter of decisions of, and assistants. $768. Affidavit to be made by appointee. [Repealed.] $769. Phonographic reporters, appointment and terms of office. $770. Duties of phonographic reporter. $771. General duties of reporter of decisions. $772. Same. $773. Reports, what to include $174. Reports of supreme court, supervision of publication. $775. Proofs and corrections. $776. Original papers. $777. Style of supreme court reports. $778. Publication of supreme and district courts of appeal reports. $779. Proposals and award. $750. Essentials of contract. $781. Disposition of reports. $782. Publication by state printer. §767. Supreme court and district courts of appeal. Appointment of reporter of decisions of, and assistants. The reporter of the decisions of the supreme court and of the district courts of appeal, and not more than three assistant reporters thereof, shall each be appointed by the supreme court, and shall each hold office and be removable at the pleasure of the supreme court. [Amendment approved 1905; Stats. 1905, p. 220.] Constitutional provisions: Const., art. VI, § 21. Salary of reporter: Ante, § 739. Number of deputies of reporter: See ante, § 739. Publication of opinions of supreme court, constitutional provision for: Const., art. VI, § 16. Decisions of supreme court: 1. Requisites and scope: See Code Civ. Proc., §§ 49, 53. 2. To be in writing: Const., art. VI, § 2. Legislation § 767. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1877-78, p. 389. 3. By Stats. 1905, p. 220. §768. Affidavit to be made by appointee. [Repealed 1878; Code Amdts. 1877-78, p. 389.] Legislation § 768. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1877-78, p. 389. § 769. Phonographic reporters, appointment and terms of office. The supreme court may also, in like manner, appoint two phonographic reporters for the court, to hold office at its pleasure. [Amendment approved 1997; Stats. 1897, p. 209.] Legislation § 769. 1. Enacted March 12, 1872. 2. Amended by Stats. 1897, P. 209. §770. Duties of phonographic reporter. It is the duty of the phonographie 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. Legislation § 770. Enacted March 12, 1872. § 771. General duties of reporter of decisions. 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. Legislation § 771. Enacted March 12, 1872. § 772. Same. 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. Legislation § 772. Enacted March 12, 1872. § 773. Reports, what to include. Each report must be made in manner and form as the court may direct. Legislation § 773. Enacted March 12, 1872. § 774. Reports of supreme court, supervision of publication. The reports are to be published under the general supervision of the supreme court, which may correct clerical errors in the opinion as filed, or authorize the same to be corrected; but may not in any manner alter the written opinion as to substance, argument or authority cited, or omit any portion of the opinion as filed. All opinions filed must be printed in full in the law reports. Proof-sheets of the opinions must be furnished by the official reporter to the supreme court from time to time as the cases are set up in galleys and corrections made. [Amendment approved 1909; Stats. 1909, p. 1022.] Legislation § 774. 1. Enacted March 12, 1872. 2. Amended by Stats. 1909, p. 1022. § 775. Proofs and corrections. Within thirty days after such proofsheets are received by the supreme court, the justices of the supreme court must return them to the official reporter with such corrections as they may desire, and the official reporter must make the corrections accordingly. Before sending proof of any opinion to the supreme court or to the justices thereof, the official reporter shall carefully read the proof and cause all clerical errors to be corrected; he shall carefully verify all code citations found in the opinion, and in case of error or mistake in the citation of the same in the opinion as filed, he shall call the attention of the supreme court to the same by noting the proper section and code on the margin of the proof, and the supreme court or a justice thereof shall authorize the proper corrections to be duly made. [Amendment approved 1909; Stats. 1909, p. 1023.] Legislation § 775. 1. Enacted March 12, 1872. 2. Amended by Stats. 1909, p. 1023. § 776. Original papers. 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. Style of supreme court reports. 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 and thirty-nine inclusive of California reports. [Amendment approved 1874; Code Amdts. 1873-74, p. 68.] Legislation § 777. 1. Enacted March 12, 1872. 2. Amended by Code Amits. 1873-74, p. 68 (approved March 24, 1874). 3. Amended by Code Amdts. 1873-74, p. 12 (approved March 30, 1874). The text supra is that of the act of March 24, 1874. The text of March 24, 1874, was adopted rather than the text of the amendment of March 30, 1874, because § 117 of the act of March 24, 1874, provided that "with relation to the laws passed at the present session of the legislature, this act must be construed as though it had been passed on the first day of the present session; and if any provisions of this act contravene or are inconsistent with the provisions of any law passed at the present session of the legislature then the provisions of such law must prevail." The other § 777 read as follows: "§ 777. The reports must be published in well-bound volumes, and must be printed on good book-paper, in long primer leaded, except the title-page, the table of cases, the synopsis, and index. The reporter must copyright each volume of the reports in his own name, but such copyright shall be the property of the state." §778. Publication of supreme and district courts of appeal reports. The reporter shall have no pecuniary interest in the volumes of reports, but they must be published under the supervision of the court and reporter, by contract, to be entered into by the reporter, secretary of state, and attorney general, with the person or persons who shall agree to publish and sell the said reports, for a period of five years, on the terms most advantageous to the state and the public, and at a rate not to exceed four dollars per volume of seven hundred pages. [Amendment approved 1915; Stats. 1915, p. 847.] Reports, price of: See post, § 781. Legislation § 778. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 68, 3. By Stats. 1915, p. 847. $779. Proposals and award. Before entering into said contract, it shall be the duty of the secretary of state to advertise for proposals for the publication of said reports, for, thirty days, in one daily paper in Sacramento, and one daily paper in San Francisco. It shall be the duty of said reporter, secretary of state, and attorney-general, to consider all proposals for the publication of said reports which may be made to them, and to award the contract to the person or persons who may agree to publish and sell the same on the terms most advantageous to the state and public. Legislation § 779. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873-74, p. 69. 3. Present section enacted as a substitute for the repealed section by Code Amdts. 1873-74, p. 69. § 780. Essentials of contract. The contract must require the publisher to print and publish each volume in the style required by section seven hundred and seventy-seven, within sixty days from the time at which the manuscript is delivered by the reporter, to sell three hundred copies to the state at the price fixed in the contract, and to keep on hand and for sale, at the price stipulated in the contract, a sufficient number of copies of each volume to supply all demands for six years from the publication thereof, and to give bonds for the fulfillment of the terms of the contract, in the sum of ten thousand dollars. Legislation § 780. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873-74, p. 69. 3. Present section enacted as a substitute for the repealed section by Code Amdts. 1873-74, p. 69. § 781. Disposition of reports. On the publication of each volume of reports, the secretary of state must purchase for the use of the state, three hundred copies of said volume, at the price named in the contract not exceeding four dollars per volume, and after having distributed the same as required by section four hundred and ten shall deposit the surplus copies if there be any in the state library. [Amendment approved 1874; Code Amdts. 1873-74, p. 70.] Reports, price of: See ante, § 778. Legislation § 781. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 70 (approved March 24, 1874). 3. Amended by Code Amdts. 1873-74, p. 13 (approved March 30, 1874). The text supra is that of the act of March 24, 1874. The text of March 24, 1874 was adopted because of the provision in the act of March 30, 1874 relating to inconsistent provisions. See note to §777, ante. The other § 781 adopted in 1874, read as follows: "§ 781. The secretary of state must keep on sale, at three dollars per volume, the copies of the edition not distributed under the provisions of section four hundred and ten, and must, at the end of each month, pay into the state treasury the proceeds of all sales made by him." § 782. Publication by state printer. If, after advertising as required by section seven hundred and seventy-nine, no proposals are received by the secretary of state, agreeing to print, publish, and sell said volumes at a price not exceeding four dollars per volume, then the state printer must print and bind twelve hundred copies of each volume, and deliver to the secretary of state all the copies printed by him; and the secretary of state must keep the copies of the edition not distributed under the provisions of section four hundred and ten on sale at four dollars per volume, at retail, and at such wholesale price as may be fixed by the governor, controller, and secretary of state, and must, at the end of each month, pay into the state treasury the proceeds of all sales made by him. This act shall not apply to any volume of reports, the printing of which may have been commenced by the state printer at the time the contract herein provided for is made. Legislation § 782. Added by Code Amdts. 1873-74, p. 70. ARTICLE III. Notaries Public. $791. Notaries public. In counties of second class. Code commissioners' note to Article III. "This article is founded upon the statutes cited [Stats. 1862, p. 443; Stats. 1863-64, p. 486; Stats. 1865-66, pp. 234, 865; Stats. 1867-68, p. 461; Stats. 1869-70, pp. 28, 55, 68, 402, 481, 697, 779, 802] and Stats. 1862, p. 445; Stats. 1869-70, p. 157.” §791. Notaries public. In counties of second class. The governor may appoint and commission such number of notaries public for the several counties and cities and counties of this state as he shall deem necessary for the public convenience, except that in counties of the second class the number shall not exceed one hundred and twenty. [Amendment approved 1915; Stats. 1915, p. 695.] Legislation § 791. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 13. 3. By Code Amdts. 1877-78, p. 24. 4. By Code Amdts. 1880, p. 59. 5. By Stats. 1887, p. 79. 6. By Stats. 1889, p. 377. 7. By Stats. 1893, p. 289. 8. By Stats. 1901, p. 793. 9. By Stats. 1903, p. 244. 10. By Stats. 1905, p. 199. 11. By Stats. 1909, p. 1059. 12. By Stats. 1911, p. 941; 13. By Stats. 1913, p. 77. 14. By Stats. 1915, p. 695. § 792. Qualifications and residence. Every person appointed as notary public must, at the time of appointment, be a citizen of the United States and of this state, and twenty-one years of age; must have resided in the county for which the appointment is made for six months. Women having these qualifications may be appointed. [Amendment approved 1991; Stats. 1891, p. 29.] Elector: Post, § 1083. Legislation § 792. 1. Enacted March 12, 1872. 2. Amended by Stats. 1891, p. 29. § 793. Term of office. The term of office of a notary public is four (4) years from and after the date of his commission. Vacancies, and the modes of supplying them: Post, §§ 996-1004. Legislation § 793. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1889, p. 378. 3. Present section enacted by Stats. 1899, p. 11. §794. General duties of. It is the duty of notaries public: 1. When requested, to demand acceptance and payment of foreign, domestic, and inland bills of exchange, or promissory notes, and protest |