The  provision  that  the  judge  may  settle  a  bill  of  excep-
tions after  he  ceases  to  be  a  judge  has  been  held  consti-
tutional as  against  the  objection  that  it  confers  the  power
to  do  a  judicial  act  upon  one  who  is  no  longer  a  judicial
officer,*  since  this  power  has  been  repeatedly  recognized
by  the  California  courts.*  Indeed,  it  has  been  said  that
where  a  bill  of  exceptions,  instead  of  being  settled  by  the
judge  who  tried  the  case,  is  settled  by  his  successor,  it
cannot  be  considered  by  the  appellate  court.*  Neverthe-
less, one  who  has  ceased  to  be  a  judge  cannot  be  com-
pelled to  settle  a  proposed  bill.*  And  a  judge,  after  the
expiration  of  his  term,  is  utterly  without  power  to  make
an  order  in  diminution  of  the  record,  as  by  adding  speci-
fications of  error  to  a  settled  bill,  even  by  stipulation  of
the  counsel  for  the  parties.'^

Settlement  by  several  judges. — ^Where  different  judges
act  during  the  progress^  of  a  cause,  it  is  the  duty  of  the
litigant  desiring  to  have  a  ruling  or  decision  reviewed
upon  appeal  to  present  a  bill  of  exceptions  embodying  the
matters  excepted  to  before  one  of  the  judges  to  the  judge
who  made  the  ruling  or  decision  for  settlement  by  him,
either  at  the  time  of  the  ruling,  or  after  judgment;  and,
in  such  case,  two  or  more  bills  of  exceptions  may  be  set-
tled and  properly  presented  for  consideration  upou  ap-

exceptions,     or     nneertified     record  Canal    ft   Land    Co.,    142   Cal.    208,

under  section  953a  of  the  Code  of  100  Am.  St.  Bep.  115,  75  Pac.  700.
