vessels, or boats, or against the owners or masters thereof, when the suit or proceeding is for the recovery of seamen's wages for a voyage performed in whole or in part without the waters of this State.

NOTE.-Stats. 1863, p. 340.

CASES INVOLVING TITLE OR POSSESSION OF REAL PROPERTY.-The Constitution confers on the District Courts original jurisdiction in all cases at law which involve the title or possession of real property, and on the Supreme Court appellate jurisdiction in all such cases.-Art. VI, Secs. 4, 6. The ninth section of the same Article of the Constitution authorizes the Legislature to fix by law the powers of Justices of the Peace, provided such powers shall not in any case trench upon the jurisdiction of the several Courts of record; and the Act concerning the Courts of justice of this State and judicial officers provides that Courts of Justices of the Peace shall not have jurisdiction in a civil action in which the title or possession of real estate shall necessarily come in question.-Laws 1863, p. 340, Sec. 49. The objection suggested is untenable, because the action, though commenced in a Justice's Court for damages in a sum less than three hundred dollars, upon the filing of the defendant's answer involved a question of title to the land on which stood the fence that was destroyed. The cause was transferred from the Justice's Court to the District Court, upon the filing of the defendant's verified answer, showing that the determination of the action would necessarily involve the decision of a question of title to real property, as provided by the five hundred and eighty-first section of the Practice Act (Sec. 838, post), and upon its becoming so transferred, the District Court obtained complete jurisdiction in the premises.Doherty vs. Thayer, 31 Cal., pp. 144, 145.

In Holman vs. Taylor, 31 Cal., p. 338, the title of the respective parties to certain parcels of real estate was in issue, and in ascertaining the meaning of the clause of the Constitution, "all cases at law which involve the title or possession of real property," the subject of possession was considered, but only by way of argument, and for the purpose of illustration; and in the discussion the language of the Court was not in all respects sufficiently guarded and definite. To constitute a case which involves the possession of real property, it is not enough that the possession is a fact 14-VOL. I.

Territorial

extent of

diction.

in controversy, or incidentally in question, or that the fact of possession is in issue; but the right of possession must be involved in the action. The paraphrase of the clause of the Constitution, given in Holman vs. Taylor, would be more accurate, and would more fully express the meaning of that clause, if given in this language: "Cases at law in which the title or right of possession of real property is a material fact in the case, upon which the plaintiff relies for a recovery, or the defendant for a defense." The allegation of the right of possession is quite different from that of possession in fact, which may constitute merely the basis of some right or claim constituting the cause of action, or the defense to the action. In an action for use and occupation, the possession of the defendant may be alleged on the one side and denied on the other without presenting an issue as to the right of possession. And so, in an action of trespass upon real property, the plaintiff may recover upon alleging and showing, in addition to the injury complained of, his possession of the premises, and his right to the possession is not involved unless the defendant tenders an issue upon that fact, and in such case, as was said in Holman vs. Taylor, the right of recovery depends both upon possession in fact and the right of possession. It was not the intention to withdraw from Justices of the Peace and other inferior Courts, and confer upon the District Courts, jurisdiction of cases of the character of those mentioned, in which the right of possession is not involved; but it was intended to give to the latter Courts jurisdiction of cases involving the right of possession of real property.-Pollock vs. Cummings, 38 Cal., p. 685. Sce, also, Cornett vs. Bishop, 39 Cal., p. 319; Cullen vs. Langridge, 17 Cal., p. 69.

116. The civil jurisdiction of Justice's Courts, civil juris- within an incorporated city, extends to the limits of such city, or township in which the city is situated. Mesne and final process of Justices' Courts may be issued to any part of the county in which they are

Criminal
urisdiction

Amende

held.

NOTE.-Stats. 1863, p. 340.

117. These Courts have jurisdiction of the following public offenses, committed within the respective counties in which such Courts are established:

1. Petit larceny;

2. Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties;

3. Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or by both such fine and imprisonment.

NOTE.-Stats. 1870, p. 579. An Act of the Legislature, conferring criminal jurisdiction on Justices' Courts, is constitutional.-People vs. Fowler, 9 Cal., p. 85.

1895-6.

where held

open.

118. These Courts may be held at any place Courts, selected by the Justice holding the same, in the town- and when ship or city for which he is elected, and they are always open for the transaction of business.

NOTE.-Stats. 1863, p. 341.

Dee New Rection (119) 1873-4.

CHAPTER IX.

OF POLICE COURTS.

SECTION 121. Organization, etc., provided for in Political Code.

tion, etc, provided

121. Police Courts are established in incorporated Organizacities and towns, and their organization, jurisdiction, for in Politand powers provided for in THE POLITICAL CODE, Part ical Code.

IV.

ARTICLE IV. PROCEEDINGS WHEN JUDGES DO NOT ATTEND TO HOLD

A COURT.

V. PARTICULAR PROVISIONS RESPECTING THE PLACES OF

HOLDING THE COURTS OF JUSTICE.

VI. SEALS OF THE COURTS OF JUSTICE.

Sittings
public.

Limitation
on preced-

ARTICLE I.

PUBLICITY OF THE PROCEEDINGS OF THE COURTS OF JUSTICE.

SECTION 124. Sittings public.

125. Limitation on preceding section.

124. The sittings of every Court of justice are public, except as provided in the next section.

NOTE.-Stats. 1863, p. 342.

125. In an action for divorce the Court may direct ing section. the trial of any issue of fact joined therein to be private, and may exclude all persons, except the officers of the Court, the parties, their witnesses, and counsel.

Amended

1573-4.

NOTE.-Stats. 1863, p. 342.

Powers of Court respecting the conduct of judicial proceedings.

ARTICLE II.

INCIDENTAL POWERS AND DUTIES OF COURTS.

SECTION 128. Powers of Court respecting the conduct of judicial proceedings.

129. Courts of record may make rules.

130. When rules take effect.

128. Every Court has power:

1. To preserve and enforce order in its immediate

presence;

2. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;

3. To provide for the orderly conduct of proceedings before it or its officers;

4. To compel obedience to its judgments, orders, and process, and to the orders of a Judge out of Court in an action or proceeding pending therein;

5. To control, in furtherance of justice, the conduct Same. of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;

6. To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this Code;

7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties; 8. To amend and control its process and orders, so as to make them conformable to law and justice.

NOTE.-Subds. 1, 2, 4, and the first clause of Subd. 5, substantially embraces the provisions of Sec. 65 of the Act of 1863 (Stats. 1863, p. 342); the other subdivisions are taken from the New York Code, because they concisely embody various statutory provisions scattered through our laws, or well settled common law principles, applicable to the powers of judicial tribunals. This arrangement presents them in a form convenient to the profession, and in their logical order.

129. Every Court of record may make rules, not inconsistent with the laws of this State, for its own government and the government of its officers; but such rules must neither impose a tax or charge upon any legal proceeding nor give an allowance to any officer for services.

NOTE.-Stats. 1863, p. 335; 1870, p. 528.

Courts of make rules

record may

take effect.

130. The rules adopted by the Supreme Court When rules take effect sixty days, and those adopted by other Courts, thirty days, after their publication.

NOTE.-Stats. 1863, p. 335.

ARTICLE III.

JUDICIAL DAYS.

SECTION 133. Days on which Courts, etc., may be held.

134. Days on which Courts shall not be opened.

135. Court appointed, etc., for those days, deemed for next

day.