In the County of San Bernardino, on the first Monday of January, June, and September; In the County of San Diego, on the first Monday of April, July, and October. NOTE.-See note to Sec. 142, Political Code Cal., Acts of 1871-2 creating Eighteenth, Nineteenth, and Twentieth Judicial Districts. Stats. 1871-2, p. 117. An Act to create the Eighteenth Judicial District, and for other purposes. [Approved February 20, 1872.] SEC. 3. The terms of the District Court of the Eighteenth Judicial District during each year shall commence as follows: In the County of San Diego, on the second Monday of January, April, July, and October; in the County of San Bernardino, on the second Monday of March, June, September, and December. Said terms shall continue until the time fixed for holding a term in another or the same county in the district, if the business of the Court shall require it. Cited in note to Sec. 142, Political Code Cal., Vol. I. The terms of the Nineteenth Judicial District Court commence on the second Monday of April, August, and December of each year.-See Stats. 1871-2, pp. 301, 302, 303, Sec. 15, cited in note to Sec. 142, Political Code Cal., Vol. I. The terms of the Twentieth Judicial District Court commence in the County of Santa Clara, on the first Monday of January, May, and September; in Santa Cruz, on the second Monday of February, June, and October; in Monterey, on the third Monday of April, August, and December of each year.-See Stats. 1871-2, p. 303, Sec. 13, cited in note to Sec. 142, Political Code Cal., Vol. I. Stats. 1871-2, pp. 772, 773. An Act authorizing the Board of Supervisors of the City and County of San Francisco to provide suitable rooms, attendants, fuel, lights, and stationery, for the Third and Nineteenth District Courts, in and for the City and County of San Francisco and the County of Alameda. [Approved March 30, 1872.] [Enacting clause.] SECTION 1. The Board of Supervisors of the City and County of San Francisco is hereby empowered to provide suitable and sufficient rooms, attendance, fur- 75. The terms of the District Courts must be held Terms of at the county seats of the several counties. the District terms. 76. Each term must be held until the business is Duration of disposed of, or until a day fixed for the commencement of some other term in the district. Amended 1893-4 NOTE. A stipulation waiving all objections could not confer on a District Court jurisdiction to try a cause in one county when, by operation of law, the Court is adjourned in that county and its term commenced in another county.-Smith vs. Chichester, 1 Cal., p. 409; Domingues vs. Domingues, 4 Cal., p. 186; Norwood vs. Kenfield, 34 Cal., p. 329; Bates vs. Gage (affirming these cases), 40 Cal., p. 183. ment of 77. The Court may adjourn from time to time Adjournduring the term, and may, when the public con- the Court. venience requires, adjourn the term over the time fixed by law for the commencement of another term in the same district. 78. Judgments and orders of this Court may be Judgments entered either in term or vacation. NOTE.-Stats. 1863, p. 336. may be entered in vacation. CHAPTER V. OF THE COUNTY COURTS. SECTION 82. Court in each county. 83. Judges, election and terms of. 84. Jurisdiction of two kinds. 85. Original jurisdiction. 86. Appellate jurisdiction. 87. Presumptions in favor of judgments, etc. Court in each county. Judges, election and terms of. Jurisdiction of two kinds. SECTION 88. Terms of the County Court for the respective counties. 89. Court always open for certain purposes. 90. Terms of the County Court, where held. 82. There must be a County Court held in each of the counties, by the County Judge thereof. 83. The County Judge is elected by the electors of the county, at the judicial elections, and holds his office for the term of four years from the first day of January next succeeding his election. NOTE.-People vs. Templeton, 12 Cal., p. 394; People vs. Martin, 12 Cal., p. 409; People vs. Porter, 6 Cal., p. 26; People vs. Weller, 11 Cal., p. 49; Westbrook vs. Rosborough, 14 Cal., p. 180. 84. The jurisdiction of this Court is of two kinds: 1. Original; and, 2. Appellate. NOTE.-1. FORCIBLE ENTRY AND UNLAWFUL DETAINER. The County Court has jurisdiction to try cases arising under the Act concerning forcible entries and unlawful detainers on appeal, de novo; but such a trial or examination is an exercise of appellate, and not original, jurisdiction. - See Townsend vs. Brooks, 5 Cal., p. 52. 2. MECHANICS' LIEN.-A County Court has no jurisdiction to enforce a mechanics' lien, if the amount in dispute exceeds the constitutional limitation.-Brock vs. Bruce, 5 Cal., p. 279. 3. EXERCISE OF OTHER THAN JUDICIAL FUNCTIONS. County Courts cannot exercise other than judicial functions. An Act of the Legislature conferring upon the Court power to incorporate towns, etc., is unconstitutional.-6 Cal., p. 143. 4. A BENCH WARRANT MAY BE ISSUED AFTER AN INDICTMENT FOR FELONY AGAINST A DEFENDANT ADMITTED TO BAIL BEFORE THE INDICTMENT.-It is not intended to fetter the County Court in its jurisdiction over the person of the defendant after an indictment has been found against him by reason of any proceedings previously had in the premises. The County Court has jurisdiction, by the intervention of a Grand Jury, to inquire of all public offenses committed or triable in its county, and, upon the presentation of indictments by that body, to make all orders and issue 85. all writs authorized by law to secure the person of the 5. FINAL JUDGMENTS-NO REMEDY AGAINST CER- 6. ALL INTENDMENTS IN FAVOR OF RECORDS OF COUNTY COURT.-County Courts are Courts of general criminal jurisdiction, and as such all intendments are in favor of the regularity of their proceedings.-People vs. Connor, 17 Cal., p. 361; People vs. Robinson, 17 Cal., p. 368; People vs. Hobson, 17 Cal., p. 424; People vs. Lawrence, 21 Cal., p. 372; People vs. Blackwell, 27 Cal., p. 67. OF FOREIGNERS.-County 7. NATURALIZATION Its original jurisdiction extends: 1. To actions to prevent or abate a nuisance; 2. To actions of forcible entry and detainer; 3. To proceedings in insolvency; 4. To all special cases or proceedings in which the law giving the remedy or authorizing the proceedings confers the jurisdiction upon it; 5. To the issuance of writs of mandate, review, pro hibition, habeas corpus, and all writs necessary to the exercise of its powers; 6. To inquire, by the intervention of a Grand Jury, of all public offenses committed or triable in the county; 7. To the trial of all indictments, except for treason, misprision of treason, murder, and manslaughter. NOTE.-See notes to Secs. 44, 57, relating to jurisdic- } 1. ABATEMENT OF NUISANCE AND DAMAGES THERE- 10-VOL. I. Original jurisdiction. Amended 1893-4 of damages in connection therewith, the County Court has no jurisdiction of an action for damages, except as incident to its powers to abate the nuisance; and if it should appear that the nuisance has been abated prior to the commencement of the action, it would follow, as a matter of course, that the Court has no jurisdiction for any purpose.-Grigsby vs. Clear Lake Water Co., 40 Cal., p. 396. As to jurisdiction of actions to abate nuisance, and as to concurrent jurisdiction of District Courts in such cases, see the able and elaborate opinion of Justice Rhodes in Courtwright vs. B. R. & A. W. & M. Co., 30 Cal., p. 576; see, also, Note 9 of this section, also preceding section; see "Nuisance," Civil Code, Vol. II, pp. 475-485, and notes; Penal Code, pp. 148-152, and notes. 2. UNLAWFUL DETAINER OF LANDS, ETC.-When tenants unlawfully retain possession of lands and tenements after the termination of and against the terms of their lease under which they went into possession, Justices Courts have no jurisdiction of actions to recover the same.-Caulfield vs. Stevens, 28 Cal., p. 118. The amendments to the Constitution confer exclusive jurisdiction of actions of unlawful detainer, and also for forcible entry and detainer upon the County Courts.-Id. 3. FORCIBLE ENTRY AND UNLAWFUL DETAINER— FORCIBLE DETAINER.-Under the general head of "Forcible Entry and Detainer," nearly every one, if not all, the States of the American Union have legislated in the same act not only upon the subject of forcible entry and forcible detainer, but also upon the subject of unlawful detainer, thus treating all three as one general subject, sufficiently described by the words in question. If technical exactness is to be observed, a more full and complete statement of the subject of such legislation would find expression in the words "forcible entry and forcible and unlawful detainer;" yet this exactness of designation has not been observed in the legislation of the country nor in its legal parlance. We speak of such legislation as the "Forcible Entry and Detainer Acts." We speak in general terms of this or that action as being brought under the "Forcible Entry and Detainer Act," regardless of the minor fact whether it be for a forcible entry, or a forcible detainer, or an unlawful detainer, thus using the words in a generic sense and as comprehending all three. The Act in our own State upon this subject prior to the constitutional amendments of 1862, is entitled "An Act concerning forcible entries and unlawful detainers." |