Days on which Courts, etc., may be held. Days on which 133. The Courts of justice may be held, and judicial business may be transacted, on any day except as provided in the next section. NOTE.-Stats. 1863, p. 343. 134. No Court can be opened, nor can any judicial Courts shall business be transacted, on Sunday, on the first day not be opened. Court appointed, etc., for those days, of January, on the fourth of July, on Christmas or Thanksgiving day, or on a day on which the general or the judicial election is held, except for the following purposes: 1. To give, upon their request, instructions to a jury when deliberating on their verdict; 2. To receive a verdict or discharge a jury; 3. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. NOTE.-Stats. 1863, p. 343. 135. If any of the days mentioned in the last section happen to be the day appointed for the holding deemed for of a Court, or to which it is adjourned, it is deemed appointed for or adjourned to the next day. next day. Adjournment of Court for absence of Judge. ARTICLE IV. PROCEEDINGS WHEN JUDGES DO NOT ATTEND TO HOLD A COURT. SECTION 139. Adjournment of Court for absence of Judge. 140. Same. 139. If no Judge attend on the day appointed for holding the Court, or on the day to which it may have been adjourned, before noon, the Sheriff or Clerk must adjourn the Court until the next day at ten o'clock; and if no Judge attend on that day, before noon, the Sheriff or Clerk must adjourn the Court until the following day, and so on, from day to day, for one week. NOTE Stats. 1863, p. 344. Thomas vs. Fogarty, 19 Cal., p. 644; People vs. Sanchez, 24 Cal., p. 17. 140. If no Judge attend for one week, the Sheriff Same. or Clerk must adjourn the Court for the term, unless the Judge, by written order, directs it to be adjourned to some day certain, fixed in such order; in which case, they must so adjourn it. NOTE.-See note to preceding sections. ARTICLE V. PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE SECTION 142. Judge may, in certain cases, change place of holding 142. Court. 143. Parties to appear at place appointed. 144. Rooms, etc., when Judge may order. A Judge authorized to hold or preside at a Court appointed to be held in a county, city, or town, may, by an order filed with the County Clerk, and published as he may prescribe, direct that the Court be held or continued at any other place in the city, town, or county than that appointed, when war, insurrection, pestilence, or other public calamity, or the dangers thereof, or the destruction of the building appointed for holding the Court, may render it necessary; and may, in the same manner, revoke the order, and, in his discretion, appoint another place in the same city, town, or county, for holding the Court. NOTE.-Stats. 1863, p. 344. Judge may, cases, place of in certain change holding Court, Parties to appear at appointed, 143. When the Court is held at a place appointed, as provided in the last section, every person held to place appear at the Court must appear at the place so appointed. NOTE.-Stats. 1863, p. 344. etc., when may order. 144. If suitable rooms for holding the District Rooms, Courts, County Courts, and Probate Courts, and the Judge chambers of the Judges of such Courts, be not provided in any county by the Supervisors thereof, to gether with attendants, furniture, fuel, lights, and stationery sufficient for the transaction of business, the Courts may direct the Sheriff of such county to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses thereof are a charge against such county. NOTE.-Stats. 1863, p. 345. What have seals. Present seals to continue. Seals for Courts not now provided with. ARTICLE VI. SEALS OF THE COURTS OF JUSTICE. SECTION 147. What Courts have seals. 148. Present seals to continue. 149. Seals for Courts not now provided with. 150. Private seal to be used, when. 151. Seals, by whom kept. 152. To what proceedings to be affixed. 147. Each of the following Courts has a seal: 1. The Supreme Court; 2. The District Courts; 3. The County Courts; 4. The Probate Courts; 5. The Municipal Criminal Court of the City and County of San Francisco; 6. The Police Court of the City and County of San Francisco. NOTE.-Stats. 1863, p. 344. 148. The seal now used by the Supreme Court shall be the seal of that Court; and where seals have. been provided for the District, County and Probate Courts, Municipal Criminal and the Police Court of the City and County of San Francisco, such seals shall continue to be used as the seals of those Courts. NOTE.-Stats. 1863, p. 344. 149. The several District, County, and Probate Courts, for which separate seals have not been heretofore provided, shall direct their respective Clerks to procure seals, which shall be devised by the respec- Samo. 1. For the District Courts: "District Court, County, California." county;) 2. For the County Courts: "County Court, County, California." county;) (Inserting the name of the (Inserting the name of the (Inserting the name of the NOTE.-Stats. 1863, p. 344. 3. For the Probate Courts: "Probate Court, County, California.” county.) 150. Until the seals devised, as provided in the last section, are procured, the Clerk of each Court may use his private seal, whenever a seal is required. NOTE.-Stats. 1863, p. 344. Private used, when seal to be 151. The Clerk of the Court must keep the seal Seals, by thereof. whom kept. 152. The seal of the Court need not be affixed to To what any proceedings therein, except: 1. To a writ; 2. To the proof of a will, or the appointment of an executor, administrator, or guardian; 3. To the authentication of a copy of a record or other proceeding of the Court, or an officer thereof, for the purpose of evidence in another Court. NOTE.-Stats. 1863, p. 344. The provision permitting seals to be impressed on paper is omitted, as a general provision to the same end is contained in the preliminary provisions of this Code. 15-VOL. I. proceed- Amended 1883-4. TITLE II. OF JUDICIAL OFFICERS. CHAPTER I. Of judicial officers in general. II. Of the powers and duties of Judges at III. Particular disqualification of Judges. officers. V. Miscellaneous provisions respecting Courts and judicial officers. Qualifica tions, as to CHAPTER I.* OF JUDICIAL OFFICERS IN GENERAL. SECTION 156. Qualifications, as to residence, of Justices of Supreme 156. 157. Qualifications, as to residence, of District Judges. 158. Places of residence of Judges. 159. Residence in San Francisco construed. 160. District Judges may hold Courts in another district. county. 162. County or Probate Judge who may hold term in another No person is eligible to the office of Justice residence, of the Supreme Court who has not been a citizen of of Justices Court. of Supreme the United States and a resident of this State, for two years next preceding his election. Qualifications, as to of District NOTE.-Stats. 1863, p. 333. 157. No person is eligible to the office of District residence, Judge who has not been a citizen of the United States Judges. and a resident of this State for two years, and of the district one year next preceding his election. NOTE.-Stats. 1863, p. 335; People vs. Turner, 20 |