act of 1893. The term of office is a distinct proposition from the powers, duties and responsibilities of officers. Kahn v. Sutro, 114, Cal. 318.

SECTION 12. The Supreme Court, the Superior Courts, and such other courts as the legislature shall prescribe, shall be courts of record.

Const. 1849, Art. VI, Sec. 9.

SECTION 13. The legislature shall fix by law the jurisdiction of any inferior courts which may be established in pursuance of section one of this article, and shall fix by law the powers, duties and responsibilities of the judges thereof.

Const. 1849, Art. VI, Sec. 10.

Inferior courts in cities can only be established by bill in the manner provided by sections 15, 16, article IV, and are not established by means of a charter for such cities which is only approved by a majority of the members elected to both houses of the legislature. Persons acting as judges of such courts under such charter are not officers de facto nor de jure. People v. Toal, 85 Cal. 333. Beatty, C. J., dissenting. [This decision is referred to in Security Sav. Co. v. Hinton, 97 Cal. 216.] See section 8 article XI infra.

This section is referred to with other sections of this article, and it is said they vest in the inferior courts such jurisdiction as may be conferred upon them, so long as the jurisdiction does not infringe upon the jurisdiction expressly conferred by the constitution itself upon some other court. Green v. Superior

Court, 78 Cal. 556-560. See also Ex parte Henshaw, 73 Cal. [dissenting opinion of Thornton, J.] 507.

A police judge is a judicial officer, but he is also a municipal officer. Ex parte Henry, 62 Cal 557.

Referred to in dissenting opinion of Justice McFarland, in exparte Sparks, 120 Cal. 401.

SECTION 14. The legislature shall provide for the election of a clerk of the Supreme Court, and shall fix by law his duties and compensation, which compensation shall not be increased or diminished during the term for which he shall have been elected. The county clerks shall be ex officio clerks of the courts of record in and for their respective counties, or cities and counties. The legislature may also provide for the appointment, by the several Superior Courts, of one or more commissioners in their respective counties, or cities and counties, with authority to perform chamber business of the judges of the Superior Courts, to take depositions, and perform such other business connected with the administration of justice as may be prescribed by law.

Const. 1849, Art. VI, Sec. 11.

The legislative amendment of April 23, 1881, to section 755, Political Code, is inoperative as to the compensation of clerk of Supreme Court, whose term of office had commenced before the date of said enactment. Gross v. Kenfield, 57 Cal. 626.

The Supreme Court shall be always open. for business, but the duties of the clerk are left to be defined by the legislature, and under section 1030, Political Code, he is not required to keep his office open on legal holidays, nor

on any day except between 10 A. M. and 4 P. M. The action of the court does not depend upon the entry of its orders by the clerk, but upon the fact that the orders have been made. Niles v. Edwards, 95 Cal. 47.

County clerks were ex officio clerks of the District Court in their respective counties, under the former constitution, and under the present constitution county clerks are ex officio clerks of the Superior Court in their respective counties. People v. Hamilton, 103 Cal. 491. Section referred to in Barton v. Kalloch, 56 Cal. 101.

SECTION 15. No judicial officer, except justices of the peace and court commissioners, shall receive to his own use any fees or perquisites of office.

Const. 1849, Art. VI, Sec. 13.

SECTION 16. The legislature shall provide for the speedy publication of such opinions of the Supreme Court as it may deem expedient, and all opinions shall be free for publication by any per

son.

Const. 1849, Art. VI, Sec. 14.

SECTION 17. The justices of the Supreme Court and judges of the Superior Court shall severally, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished after their election, nor during the term for which they shall have been elected. The salaries of the justices of the Supreme Court shall be paid by the state. Onehalf of the salary of each Superior Court judge shall be paid by the state; the other half thereof shall be paid by the county for which he is elected. During the term of the first judges elected under this constitution, the annual salaries of the justices

of the Supreme Court shall be six thousand dollars each. Until otherwise changed by the legislature, the Superior Court judges shall receive an annual salary of three thousand dollars each, payable monthly, except the judges of the city and county of San Francisco, and the counties of Alameda, San Joaquin, Los Angeles, Santa Clara, Yuba and Sutter combined, Sacramento, Butte, Nevada and Sonoma, which shall receive four thousand dollars each.

Const. 1849, Art. VI, Sec. 15.

Salary and expenses of office are distinguishable. See Kinwood v. Soto, 87 Cal. 394.

SECTION 18. The justices of the Supreme Court and judges of the Superior Courts shall be inelligible to any other office or public employment than a judicial office or employment during the term for which they shall have been elected.

Const. 1849, Art. VI, Sec. 16.

SECTION 19. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Const. 1849, Art. VI, Sec. 17.

A statement copied from Ram on Facts as to testimony of children, should not be given. as an instruction to jury. Instruction given as to testimony of prosecutrix in case of rape approved. People v. Wessel, 98 Cal. 353.

The court properly refused to instruct that if the jury found that the prosecutrix in a seduction case had committed lewd or immodest acts, though not guilty of illicit intercourse, she was not then a woman of previous chaste character. Such instruction would have been 7

charging upon matters of fact. People v. Samonset, 97 Cal. 448.

After making a statement of evidence, the court instructed the jury: "If these facts all appear to your minds as I have stated them, then your verdict will be for defendants." Held not error. Jones v. Chalfant, 31 Pac. Rep. 257.

It is error for the trial court to charge a jury that, as a "general rule, the statements of the witnesses as to verbal admissions of a party should be received by the jury with great caution, as that kind of evidence is subject to much imperfection and mistake." Such conclusion being an inference of fact to be made by the jury from the peculiar circumstances of each particular case. Kaufman v.

Maier, 94 Cal. 269.

During a ruling upon the admissibility of certain evidence, the court said of defendant, in the presence of the jury, "she had contradicted herself several times in the record," to which language defendant excepted. Whereupon the court reiterated the statement, adding, "that is the chief reason why I admit those letters in evidence." Held, the court should not have given its opinion to the jury that defendant had sworn falsely. People v. Willard, 92 Cal. 482.

A statement by the court of reasons for a ruling on evidence is not addressed to the jury, and if properly called forth by the offers of counsel, and contains no reflection upon