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Not to act as attorney in his own Court.

Certain Judges not to act as attorneys.

No judicial

officer to have a partner.

establishes a different rule for determining the qualification of Judges from that applied to jurors. The reason for the distinction is obvious. The province of the jury is to determine from the evidence the issues of fact presented by the parties, and their decision is final in all cases where there is a conflict of testimony. The province of a Judge is to decide such questions of law as may arise in the progress of the trial. His decisions upon these points are not final, and if erroneous, the party has his remedy by appeal.-McCauley vs. Weller, 12 Cal., p. 500.

171. A Judge cannot act as attorney or counsel in a Court in which he is Judge, or in an action or proceeding removed therefrom to another Court for trial or review, or in an action or proceeding from which an appeal may lie to his own Court.

NOTE.-Stats. 1863, p. 343.

172. A Justice of the Supreme Court, or Judge of the District Court, cannot act as attorney or counsel in any Court of this State, except in an action or proceeding to which he is a party on the record.

NOTE.-Stats. 1863, p. 343.

173. No Judge or other elective judicial officer, or District Court Commissioner, shall have a partner acting as attorney or counsel in any Court of this State.

NOTE.-Stats. 1863, p. 343.

CHAPTER IV.

INCIDENTAL POWERS AND DUTIES OF JUDICIAL OFFICERS.

SECTION 176. General powers of Judges out of Court.

177. Powers of judicial officers as to conduct of proceedings

before them.

178. Same.

179. Same.

powers of of Court.

Judges out

176. A Judge may exercise, out of Court, all the General powers expressly conferred upon a Judge, as contradistinguished from the Court.

177. Every judicial officer has power:

1. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is engaged in the performance of an official duty; 2. To compel obedience to his lawful orders, as provided in this Code;

3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this Code;

4. To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary, in the exercise of his powers and duties.

Powers of oflicers as

judicial

to conduct of proceedings before them.

178. For the effectual exercise of the powers con- Same. ferred by the last section, a judicial officer may punish for contempt, in the cases provided in this Code.

NOTE.-See Secs. 1209 to 1222, inclusive, post.

179. The Justices of the Supreme Court, and the Same. Judges of the District and County Courts, have power

in

any part of the State, and Justices of the Peace within their respective counties, and Police Judges, and Judges of Municipal Courts, within their respective cities or towns, to take and certify:

1. The proof and acknowledgment of a conveyance of real property, or of any other written instrument; 2. The acknowledgment of satisfaction of a judg ment of any Court;

3. An affidavit or deposition to be used in this State.

16-VOL. I.

NOTE.-Stats. 1863, p. 345.

Subsequent applications for orders,.

MISCELLANEOUS

CHAPTER V.

PROVISIONS

RESPECTING COURTS AND

JUDICIAL OFFICERS.

SECTION 182. Subsequent applications for orders, when prohibited. 183. Violation of last section.

184. No proceeding affected by a vacancy in office of Judge, etc.

185. Proceedings to be in the English language, except in. certain counties.

186. Abbreviations and figures.

187. Means to be used to execute judicial powers in certain

cases.

182. If an application for an order, made to a Judge of a Court in which the action or proceeding is Prohibited. pending, is refused, in whole or in part, or is granted conditionally, no subsequent application for the same order can be made to any Court Commissioner, or any other Judge, except of a higher Court; but nothing in this section applies to motions refused for any informality in the papers or proceedings necessary to obtain the order.

Violation

of last section.

Νο

proceeding

affected by

a vacancy

in office of

Judge, etc.

Proceedings to be in the English language,

except in certain counties.

NOTE.-Stats. 1863, p. 345.

183. A violation of the last section may be punished as a contempt, and an order made contrary thereto may be revoked by the Judge who made it, or vacated by a Judge of the Court in which the action or proceeding is pending.

NOTE.-Stats. 1863, p. 345.

184. No proceeding in any Court of justice, in an action or special proceeding pending therein, is affected by a vacancy in the office of all or any of the Judges, or by the failure of a term thereof.

NOTE.-Stats. 1863, p. 345.

185. Every written proceeding in a Court of justice in this State, or before a judicial officer, except in the Counties of San Luis Obispo, Santa Barbara, Los

Angeles, and San Diego, must be in the English language, and in the excepted counties may be either in the English or Spanish language.

NOTE.-Stats. 1863, p. 345.

tions and

186. Such abbreviations as are in common use Abbreviamay be used, and numbers may be expressed by figures. figures or numerals in the customary manner.

NOTE.-Stats. 1863, p. 344.

187. When jurisdiction is, by this Code or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.

A. S.

NOTE. This section is adopted from the New York
Code. The italicized words have been added by this
Commission.

(188) - 1878-es.

TITLE III.

OF PERSONS SPECIALLY INVESTED WITH POWERS OF

A JUDICIAL NATURE.

Means to execute powers in

be used to

judicial

certain cases.

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ARTICLE I. JURORS IN GENERAL.

II. QUALIFICATIONS AND EXEMPTIONS OF JURORS.

III. MANNER OF SELECTING AND RETURNING JURORS FOR

COURTS OF RECORD.

ARTICLE IV. TIME AND MANNER OF DRAWING JURORS FOR COURTS
OF RECORD.

V. MANNER OF

RECORD.

SUMMONING JURORS FOR COURTS OF

VI. MANNER OF SUMMONING JURORS FOR COURTS NOT OF

RECORD.

VII. MANNER OF SUMMONING JURIES OF INQUEST.

VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED.

IX. OF IMPANELING A GRAND JURY.

X. OF IMPANELING TRIAL JURY IN COURTS OF RECORD.
XI. OF IMPANELING A TRIAL JURY IN COURTS NOT OF

RECORD.

XII. OF IMPANELING JURIES OF INQUEST.

ARTICLE I.

JURORS IN GENERAL.

SECTION 190. Jury defined.

Jury
de:ined.

Different kinds of juries.

Grand Jury delined.

Amended

Trial jury deaned.

191. Different kinds of juries.

192. Grand Jury defined.

193. Trial jury defined.

194. Number of a trial jury.

195. Jury of inquest defined.

190. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact.

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192. A Grand Jury is a body of men, not less than thirteen nor more than fifteen in number, returned at stated periods from citizens of the county, before a Court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the county.

NOTE.-Stats. 1863, p. 630.

193. A trial jury is a body of men returned from the citizens of a particular district, before a Court or

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