of January, March, May, July, September, and No- Same. vember; In the County of San Joaquin, où the first Monday of January, March, May, July, September, and November; In the County of San Luis Obispo, on the first Monday of March, June, September, and December; In the County of San Mateo, on the first Monday of In the County of Santa Clara, on the third Monday of February, May, August, and November; In the County of Santa Cruz, on the first Monday of January, March, May, July, September, and November: In the County of Shasta, on the first Monday of January, May, and September; In the County of Sierra, on the third Monday of April, June, and September, and second Monday of December; In the County of Siskiyou, on the first Monday of January, March, May, July, September, and November: In the County of Solano, on the third Monday of April, August, and December; In the County of Sonoma, on the first Monday of January, April, July, and October; In the County of Stanislaus, on the first Monday of January, March, May, July, September, and November; In the County of Sutter, on the first Monday of January, April, July, and October; In the County of Tehama, on the first Monday of January, March, May, July, September, and November; In the County of Trinity, on the first Monday of Same. January, March, May, July, September, and November; In the County of Tulare, on the first Monday of January, March, May, July, September, and November; In the County of Tuolumne, on the first Monday of January, May, and September; In the County of Yolo, on the first Monday of January, April, July, and October; In the County of Yuba, on the first Monday of January, April, and July, and second Monday of October. NOTE.-Stats. 1871-2, p. 182. An Act to regulate the terms of the County Court and [Approved March 1, 1872.] [Enacting clause.] SECTION 1. Each of the regular terms of each County Court shall continue until the next regular term, unless the business of the Court is sooner disposed of. SEC. 2. Each of its regular terms of each Probate Court shall, either with or without intermediate adjournment, continue to the commencement of the next term. Idem, p. 95. SEC. 2. Terms of the County Court and of the Probate Court, in the County of San Mateo, shall commence and be hoiden on the second Mondays in March, June, September, and December in each year, and the terms of each or either of said Courts may be continued from day to day, or adjourned from time to time, as the business of the Court may require. SEC. 3. This Act shall take effect and be in force from and after its passage. Idem, p. 35. An Act to fix the terms of the County and Probate [Enacting clause.] SECTION 1. The regular terms of the County and Probate Courts in and for the County of San Luis Obispo shall be held at the county seat of said county on the first Monday in March, the first Monday in June, Idem, p. 760. An Act to fix the terms of the County Court of the [Approved March 30, 1872.] [Enacting clause.] SECTION 1. The terms of the County Court of Monterey County shall be held. on the first Monday of March, May, July, September, and November of each year. See Siskiyou County and Probate Courts Act of 1872, p. 561, Sec. 2, cited in note to Sec. 66, ante. The Act of 1872, p. 844, amending Act of 1868, March 30th, is on the 1st of January, 1873, superseded.-See Sec. 330, Political Code Cal., Vol. I. Terms of Courts in Ventura County, see Act of 1872, p. 484, cited in Political Code Cal., in note following Sec. 3958, Vol. II; see, also, County Court of Nevada County, to be held at Truckee, Stats. 1871-2, p. 700, cited in note to Sec. 71, ante. always certain 89. For the purpose of hearing and determining Court actions arising under the forcible entry and detainer open for Act of this State, motions for new trials, and the entry purposes. of orders and judgments, this Court is always open and in session. 90. The terms of the County Courts must be held Terms of at the county seats. NOTE.-Stats. 1871-2, p. 182; id., p. 95; id. p. 35; id., p. 561; id., p. 484. Cited in note to Sec. 88, ante, for changes to this section, fixing terms of Probate Court. The Act of 1871-2, p. 21, being amendatory of an Act, is on the 1st of January, 1873, superseded by this Code.-See Sec. 330, Political Code Cal., Vol. I. the County Court, where held Court in each county. Judges of. Judge of, in San CHAPTER VI. OF THE PROBATE COURT. SECTION 94. Court in each county. 95. Judges of. 96. Judge of, in San Francisco. 97. Jurisdiction of. 98. Presumptions in favor of its judgments. 99. Terms of the Court in the respective counties. 100. Terms, where held. 94. There must be a Probate Court held in each of the counties. 95. The County Judge of each county, except in the City and County of San Francisco, is the Judge of the Probate Court. 96. In the City and County of San Francisco the Francisco. Probate Court is held by a Probate Judge elected by the electors thereof, at the judicial elections, and who holds his office for the term of four years from the first day of January next succeeding his election. Jurisdiction of. 97. The Probate Court has jurisdiction: 1. To open and receive proof of last wills and testaments, and to admit them to proof; 2. To grant letters testamentary, of administration and of guardianship, and to revoke the same; 3. To appoint appraisers of estates of deceased persons; 4. To compel executors, administrators, and guardians to render accounts; 5. To order the sale of property of estates, or belonging to minors; 6. To order the payment of debts due from estates; 7. To order and regulate all distributions of property or estates of deceased persons; 8. To compel the attendance of witnesses, and the production of title deeds, papers, and other property Samo. of an estate, or of a minor; 9. To exercise the powers conferred by Title XI, Part III of this Code; 10. To make such orders as may be necessary to the exercise of the powers conferred upon it. NOTE.-Stats. 1863, p. 339. 1. CONCURRENT JURISDICTION OF DISTRICT COURT WITH THE PROBATE COURT OVER PERSONS AND ESTATES OF MINORS.-Prior to the amendments to the Constitution it was held that District Courts have the same control over the persons of minors, as well as their estates, that the Courts of Chancery in England possess. This jurisdiction was conferred by the Constitution of this State, and could not be divested by legislative enactment; and it was held that the claim of exclusive original jurisdiction in the Courts of Probate over this subject was unfounded-that Chancery could at any time interfere and remove the proceedings before it. See Wilson vs. Roach, 4 Cal., p. 366. 2. WHEN PROCEEDINGS IN PROBATE COURT MAY BE DISREGARDED, AND AN ACTION MAINTAINED AGAINST ADMINISTRATOR IN DISTRICT COURT.-It has been held that the Probate Court is a Court of special and limited jurisdictions. Most of its general powers belong peculiarly and originally to the Court of Chancery, which still retains all of its jurisdiction. Where, therefore, a bill is filed in chancery against an administrator to compel him to account, by one who has not been an actual party to a proceeding or settlement, in the Probate Court, he may totally disregard such proceeding or settlement, and, although the settlement in the Probate Court is a final settlement, the complainant, who was no party to it, may treat it as a nullity, and proceed to invoke the equitable powers of the District Court and compel the administrator to a full account.-Clarke vs. Perry, 5 Cal., p. 60. 3. PRIOR TO AMENDMENTS TO CONSTITUTION, DISTRICT COURT AUTHORIZED TO TRY ISSUES OF FACT. An administrator, having filed in the Probate Court his account of final settlement, and an issue of fact being made thereon, it was sent to the District Court for trial. In that Court the jury made findings on each issue, and the District Judge rendered his decision on such finding and certified the same back to the Probate Court. It 12 VOL. I. |