Sheriff, and the power of the Judge at chambers, will be found under those heads in the different Codes. The following are the sections referred to: SEC. 8. The County Clerk of the City and County of San Francisco, shall be ex officio Clerk of said Municipal Criminal Court, and he is hereby authorized to appoint one deputy to act as Court-room Clerk of said Court, who shall receive a salary of two hundred dollars per month, and one deputy to act as office Clerk of said Court, who shall receive a salary of one hundred and twenty-five dollars per month, and such salaries shall be paid in the same manner as the salaries of the other deputies of said County Clerk. SEC. 9. The Sheriff of the City and County of San San Francisco shall be the Sheriff of said Municipal Criminal Court, and shall execute, either in person or by deputy, such of the process of said Court as may be required to be executed by a Sheriff, and shall be amenable to said Court by proceedings, as for contempt, on his failure to execute such process. And said Sheriff is hereby authorized to appoint a deputy, in addition to those now appointed by him, who shall act as Bailiff or Deputy Sheriff of said Court, and who shall receive a salary of one hundred and fifty dollars per month, to be paid in the same manner as the salaries of the other deputies of said Sheriff are paid. SEC. 15. The Judge of said Municipal Criminal Court shall receive a salary of five thousand dollars per annum, payable in equal monthly instalments, out of the same fund, and in the same manner, as the salary of the Judge of the County Court of the City and County of San Francisco is now paid. SEC. 16. The District Attorney in and for the said city and county may, by written certificate, signed by himself, appoint an Assistant District Attorney, and, at his pleasure, remove him; who, during the time he is acting as such assistant, shall be entitled to receive a salary of three hundred dollars a month, payable as the salary of the District Attorney is ow made payable by the law. It shall be the duty of such Assistant District Attorney to assist the District Attorney in the performance of any official duty enjoined upon the latter by law, and to do and perform such other duties in the prosecution of criminal actions in the Court herein established, in any of the Courts of said city and county, as the said District Attorney may order or direct. CHAPTER VIII. OF JUSTICES' COURTS. SECTION 112. Justices of the Peace must hold. 113. Justices, election and term. 114. Civil jurisdiction. 115. Civil jurisdiction restricted. 116. Territorial extent of civil jurisdiction. 118. Courts, where held and when open. 112. Every Justice of the Peace.must hold a Justice's Court in the town or city in which he is elected NOTE.-Stats. 1863, p. 340. 113. Justices of the Peace are elected by the electors of their respective townships or cities, at the judicial elections, and hold their offices for two years from the first day of January next following their election. NOTE.-Stats. 1863, p. 340. diction. 114. The civil jurisdiction of these Courts within Civil juristheir respective townships or cities extends: 1. To an action arising on contract, for the recovery of money only, if the sum claimed, exclusive of interest, does not amount to three hundred dollars; 2. To an action for damages for injury to the person, or for taking or detaining personal property, or for injuring personal property, or for an injury to real property, where no issue is raised by the answer involving the plaintiff's title, or possession of the same, if the damages claimed do not amount to three hundred dollars; 3. To an action for a fine, penalty, or forfeiture, not amounting to three hundred dollars, given by statute or the ordinance of an incorporated city or town; 4. To an action upon a bond or undertaking conditioned for the payment of money, not amounting to three hundred dollars, though the penalty exceed that Same. sum; the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it becomes due; 5. To an action to recover the possession of personal property, when the value of such property does not amount to three hundred dollars; 6. To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not amount to three hundred dollars. VIABEL O NOTE The preceding section is based upon the Act of 1803 (Stats: 1863, p. 340). In the original section the jurisdiction extended in actions upon a contract or to recover damages to an "amount not exceeding three hundred dollars." The Constitution (Art. VI, Sec. 9) declares that the jurisdiction of these Courts shall not trench upon the jurisdiction of Courts of record, and Sec. 6 of the same Article conferred jurisdiction in this class of cases when the sum in controversy amounts to three hundred dollars. To obviate this constitutional objection, we have stricken out the words "does not exceed three hundred dollars," wherever they occurred in the original section, and inserted instead thereof the words "does not amount to three hundred dollars." Subdivision 5, of the original section, gave these Courts jurisdiction of actions of foreclosure when the debt secured did not exceed three hundred dollars, trenching upon the equity jurisdiction cast by the Constitution upon the District Courts; therefore we have omitted this subdivision, and for kindred reasons we have omitted the provisions of the eighth subdivision of the original section, conferring jurisdiction upon Justices' Courts to determine the right to a mining claim, when the value of the claim did not exceed three hundred dollars. 1. JURISDICTION TO APPEAR FROM RECORDS.-The . record of the proceedings of a Justice's Court must affirmatively show jurisdiction.-Jolley vs. Foltz, 34 Cal., p. 321; King vs. Randlett, 33 Cal., p. 318; Rowley vs. Howard, 23 Cal., p. 401; Lowe vs. Alexander, 15 Cal., p. 296. 2. LEGALITY OF TAX.-Where the legality of a tax is put in issue the Justice is ousted of jurisdiction.— People vs. Mier, 24 Cal., p. 61. 3. FINAL JUDGMENTS OF JUSTICE CANNOT BE RE VIEWED BY HIM.-A Justice has no power to vacate a judgment of dismissal and reinstate the case.-O'Connor vs. Blake, 29 Cal., p. 312. A Justice has no power to vacate or set aside a judgment made by him, except upon a motion for a new trial. And when this is done the proper remedy is by certiorari from District or County Court, and not by appeal. No appeal lies in such a case. The judgment of the District Court annulling such order should not, however, affirm the original judgment.-Winter vs. Fitzpatrick, 35 Cal., p. 269. 4. AMENDMENT OF COMPLAINT, SO AS TO SHOW JURISDICTION.-A Justice has the right to allow a complaint to be amended in all respects, so that the case may be determined on its substantial merits; and this whether the defect be in the statement, jurisdiction, or other facts.-Linhart vs. Buiff, 11 Cal., p. 280; Wratten vs. Wilson, 22 Cal., p. 465. When a complaint in a Justice's Court avers a good cause of action, and in addition thereto avers and asks relief for matters not within the jurisdiction of the Court, the action should not on that account be dismissed, but the Court should direct the complaint to be amended, or should disregard the objectionable matter.-Howard vs. Valentine, 20 Cal.. p. 282; Van Etten vs. Jilson, 6 Cal., p. 19; G. V. M. Co. vs. Stackhouse, 6 Cal., p. 413; Wratten vs. Wilson, 22 Cal., p. 465. 5. GRANTING APPEALS, STAY OF EXECUTION, ETC.— Justices can exercise jurisdiction to grant appeals, and thereupon stay execution, etc.-Coulter vs. Stark, 7 Cal., p. 244. 6. DESERTING SEAMEN.-Under the 'Acts of Congress (1790), Justices of the Peace have jurisdiction to try and commit deserting seamen, and no other Court has this power.-Ex Parte Crandall, 2 Cal., p. 144. 7. MONEY DEMANDS-AMOUNT IN CONTROVERSY.A judgment by confession for a greater amount than (notwithstanding the complaint was within) the jurisdictional amount allowed by the Constitution, was held void.-Feillet vs. Engler, 8 Cal., p. 76. But this case is commented on, and it was held that the "amount in controversy is what determines the jurisdiction." That this was the amount sued for, exclusive of costs. The judgment may exceed the amount in controversy.Bradley vs. Kent, 22 Cal., p. 169; but see Reed vs Bernal, 40 Cal., p. 629; see note No. 6 to Sec. 44, ante. Formerly, under the Constitution, the jurisdiction of the Justices' Court was limited as to money demands to an "amount not exceeding two hundred dollars."-Feillett vs. Engler, 8 Cal., p. 76; Zander vs. Civil juris diction Coe, 5 Cal., p. 230; Ford vs. Smith, 5 Cal., p. 331; Black vs. Herrick, 5 Cal., p. 279; Hart vs. Morn, 6 Cal., p. 161; Freeman vs. Powers, 7 Cal., p. 104; Small vs. Gwinn, 6 Cal., p. 447; Malson vs. Vaughn, 23 Cal., p. 61. But since 1863 the jurisdiction has been established at any sum not amounting to three hundred dollars.-Cariaga vs. Dryden, 29 Cal., p. 307; Maxfield vs. Johnson, 30 Cal., p. 545; see Reed vs. Bernal, 40 Cal., p. 629. Justices' Courts would have no jurisdiction where a defendant sets up a counter claim for a sum exceeding three hundred dollars.-Maxfield vs. Johnson, 30 Cal., p. 545. Plaintiff commenced three actions in a Justices' Court for the recovery of the same property, the actions being against several defendants. The property sued for was of value less than three hundred dollars. Under Section 1048 of this Code (526) the several actions were consolidated. The Court held, the value of the property being less than three hundred dollars, that the Justice had jurisdiction.-Cariaga vs. Dryden, 29 Cal., p. 307. 8. TRESPASS ON REAL PROPERTY.-A Justices' Court has jurisdiction of an action of trespass on real property, the damages claimed being less than three hundred dollars.-Pollock vs. Cummings, 38 Cal., p. 683. But the right of possession must not be put in issue. Cornett vs. Bishop, 39 Cal., p. 319. 9. DAMAGES FOR INJURY TO, OR DETENTION of, MINING CLAIMS.-It was held that Justices' Courts could not take jurisdiction of suits to recover damages for injury to a mining claim, or for its detention.-Van Etten vs. Jilson, 6 Cal., p. 19. 10. DAMAGE FOR DIVERSION OF WATER-WATER RIGHTS.-A Justice of the Peace has no power conferred upon him to try a cause where there is an alleged injury arising out of a diversion of water from the natural or artificial channel in which it is conducted.-Hill vs. Newman, 5 Cal., p. 445. 11. ACTION FOR PENALTY FOR CHARGING EXCESSIVE FARE BY RAILROAD COMPANY.-See Reed vs. Omnibus Railroad Co., 33 Cal., p. 212. 12. JUDGMENT ON CONFESSION OF DEFENDANT.Feillett vs. Engler, 8 Cal., p. 76. 115. The jurisdiction conferred by the last section shall not extend, however: 1. To a civil action in which the title or possession of real property is put in issue; 2. Nor to an action or proceeding against ships, frunded |