the cases provided in this article. Justices' courts shall be held in their respective townships or cities, and mayors' and recorders' courts in their respective cities; provided, justices of the peace for townships of the county of San Francisco, within the corporate limits of the city of San Francisco, shall have jurisdiction within said corporate limits of all actions and proceedings of which justices of the peace of said county have or may have by law, jurisdiction, whenever the parties to said actions or proceedings may reside in said city; and, provided, that no justice of the peace shall hold a court in any other township of said county or city than the one for which he shall have been elected.

ART. 706, Sec. 95. If no judge attend on the day appointed for the holding the court, before noon, the sheriff or clerk shall 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 shall adjourn the court until the following day; and so on from day to day for one week. If no judge attend for one week, the sheriff or clerk shall adjourn the court for the term.

ART. 707, Sec. 96. A judge authorized to hold or preside at a court appointed to be held in a 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 or county than that appointed, when war, 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 or county for holding the court.

ART. 708, Sec. 97. When the court is held at a place appointed as provided in the last section, every person held to appear at the court, shall appear at the place so appointed.

XIII. SEALS OF THE COURTS OF JUSTICE.

ART. 709, Sec. 98. Each of the following courts, and no other, shall have a seal : 1. The supreme court. 2. The district courts. 3. The superior court of the city of San Francisco. (1) 4. The county courts. 6. The probate courts.

5. The courts of sessions.

ART. 710, Sec. 99. The seals now used by the supreme court, and the superior court of the city of San Francisco, shall be the seals of the said courts; and where seals have been provided for the county courts, courts of sessions, and probate courts, such seals shall continue to be used as the seals of said courts.

ART. 711, Sec. 100. The several district courts, and also the several county courts, courts of sessions, 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 respective judges of such courts, and shall have the following inscriptions surrounding the same: 1. For the district courts: "District Court, County, California," inserting the name of the county. 2. For the county courts: " County Court, County, California," inserting the name of the county. 3. For the courts of sessions: "Court of Sessions, County, California" inserting the name of the county. 4. For the probate courts: "Probate Court, County, California," inserting the name of the county. ART. 712, Sec. 101. 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.

ART. 713, Sec. 102. The clerk of each court shall keep the seal thereof.

Sec. 103. The seal of the court need not be affixed to any proceedings therein, except: 1. To a summons or 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.

(1) Abolished.

ART. 714, Sec. 104. The seal may be affixed by impressing it on the paper, or on a substance attached to the paper and capable of receiving the impression.

XIV. MISCELLANEOUS PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS.

ART. 715, Sec. 105. If an application for an order, made to a judge of a court in which the action or proceeding is pending, be refused, in whole or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other judge, except of a higher court; provided, that nothing in this section be so construed as to apply to motions refused for any informality in the papers or proceedings necessary to obtain an order.

ART. 716, Sec. 106. 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 a court in which the action or proceeding is pending.

ART. 717, Sec. 107. The judges of the supreme court, of the district courts, of the superior court of the city of San Francisco, and of the county courts, shall have power in any part of the state, and justices of the peace and recorders within their respective counties, and recorders and mayors, within their respective cities, shall have power 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 judgment of any court. 3. An affidavit to be used in any court of justice of this state.

ART. 718, Sec. 108. No action or proceeding in a court of justice shall be affected by a vacancy in the office of all or any of the judges, or by the failure of a term thereof.

ART. 719, Sec. 109. Every written proceeding in a court of justice in this state, or before a judicial officer, shall be in the English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals, in the customary manner. In the counties of San Luis Obispo, Santa Barbara, Los Angeles and San Diego the proceedings may be in the English or Spanish languages.

XV.-TERMS OF DISTRICT COURTS.

ART. 720, Sec. 1. The several terms of the judicial districts in this state, during each year, shall commence as follows: 1. In the first district, in the county of San Diego, on the third Monday of April, August and December. In the county of Los Angeles, on the third Monday of March, July and November. In the county of San Bernardino, on the third Monday of February, May and October.[Act May 4, 1855.

ART. 721. 2. In the second district, in the county of Santa Barbara, on the first Monday of May, August and November. In the county of San Luis Obispo, on the first Mondays of March, June and September.-[Act May 4, 1855.

ART. 722. 3. In the third district, in the county of Santa Clara, on the fourth Monday of March, July and November. 2. In the county of Alameda there shall be held a term of the district court on the third Monday of April, one thousand eight hundred and fifty-seven, as now provided by law, and thereafter the district court shall be held in the county of Alameda on the first Monday of July, October, January and April. 3. In the county of Monterey, after the passage of this act, the first term of the district court shall be held on the fourth Monday of August, one thousand eight hundred and fifty-seven, and thereafter on the fourth Monday of December, April and August. 4. In the county of Santa Cruz, on the third Mondays of March, July and November.-[Act April 22, 1857.

ART. 723. 4. In the fourth district, on the first Monday of February, April, June, August, October and December.-[Act May 4, 1855.

ART. 724. 5. In the fifth district, in the county of Calaveras, on the first Mon

day of February, June and October. In the county of Amador, on the third Monday of February, June and October. In the county of Tuolumne, on the first Monday of March, July and November. In the county of Stanislaus, on the fourth Monday of March, July and November. In the county of San Joaquin, on the first Monday of April, August and December, and on the first Monday of January.-[Act March 14, 1856.

ART. 725. 6. In the sixth district, on the first Monday of February, April, June, August, October and December.-[Act May 4, 1855.

ART. 726. 7. In the seventh district, in the county of Contra Costa, on the first Tuesday of March, June, September and December. In the county of Marin, on the fourth Tuesday of April, July and November. In the county of Napa, on the third Tuesday of February, May and August, and on the second Tuesday of November. In the county of Solano, on the third Tuesday of March, June, September and December. In the county of Sonoma, on the first Tuesday of February, May and August, and on the fourth Tuesday of October.-[Act Feb. 28, 1856.

ART. 727. 8. In the eighth district, in the county of Del Norte, on the first Monday of May, August and November. In the county of Humboldt, on the first Monday in the months of March, June and September. And in the county of Klamath, on the first Mondays in April, July and October.-[Act March 31,

1857.

ART. 728. 9. In the ninth district, the county of Shasta, on the third Monday in January and September. In the county of Siskiyou, on the first Monday in March, July and November. In the county of Trinity, on the second Monday in April, August and December.-[Act March 31, 1857.

ART. 729. 10. In the tenth district, in the county of Yuba, on the third Monday of January, April, August and November. In the county of Sutter, on the first Monday of March, June, October and December.-[Act March 8, 1856.

ART. 730. 11. In the eleventh district, in the county of El Dorado, on the fourth Monday in January, on the second Monday in May, and on the third Monday in August and November. In the county of Placer, on the second Monday of January, and on the third Monday of April, July and October. In the county of Yolo, on the third Monday in March, on the first Monday in August, and on the third Monday in December.-[Act May 4, 1855.

ART. 731. 12. In the twelfth district, in the city and county of San Francisco, on the first Monday of January, March, May, July, September and November, in each year. In the county of San Mateo, on the third Monday of April, August and December.-[Acts April 9 and 29, 1857.

ART. 732. 13. În the thirteenth district, in the county of Merced, on the first Mondays of February, June and October of each year. In the county of Stanislaus, on the second Monday of February, June and October of each year. In the county of Mariposa, on the third Monday of February, June and October of each year. In the county of Tulare, on the first Monday of March, July and November of each year. In the county of Frezno, on the second Monday of March, July and November of each year.-[Act Feb. 6, 1857.

ART. 733. 14. In the fourteenth district, in the county of Nevada, on the third Monday of May, first Mondays of August and October, and second Monday of December of each year. In the county of Sierra, on the first Monday of April, July, September and November of each year.-[Act April 9, 1857.

ART. 734. 15. In the fifteenth district, in the county of Colusi, on the fourth Mondays of December and May, and the second Monday of August. In the county of Tehama, on the first Monday of February, June and September. In the County of Butte, on the second Monday of January and May, and fourth Monday of August and second Monday of November. In the county of Plumas, on the second Mondays of April, July and October.-[Act March 31, 1857.

See Counties.

JUDICIAL DECISIONS.

1. JUSTICES of the peace, alone, have power, under the acts of congress, to try and commit deserted seamen. The commissioners of the United States courts can only arrest and commit for trial. Crandall's Case, 2 Cal. 144. 2. None other than duties of a judicial character can be imposed on county courts or judges. Tuolumne Co. v. Stanislaus Co. Oct. T. 1856; Burgoyne v. Supervisors, Etc. 5 Cal. 9; id. Oct. T. 1856.

3. The county judge may issue an injunction against a bill filed in the district court, but his act is auxiliary to the action of the district court, and must have the same force and efficacy as if it were the direct act of the latter court. Crandal e. Woods, Oct. T. 1856.

4. A judgment rendered without jurisdiction may be attacked, either directly or collaterally, but where there is only irregularity in procuring jurisdiction, the judgment can only be attacked by a direct proceeding, in the court where rendered, or on appeal. Whitwell . Barbier, Jan. T. 1857.

5. As to judgments of courts of inferior jurisdiction, the rule is different, nothing being implied in favor of their jurisdiction. Id.

6. It is error in a justice of the peace to refuse to allow defendant in suit for a mining claim to prove the value thereof to be over two hundred dollars. Freeman v. Powers, Jan. T. 1857.

7. A justice of the peace has jurisdiction to grant appeals and stay proceedings, nor can such action be reviewed on certiorari. Coulter r. Stark, Jan. T. 1857.

8. A mere obiter dictum is not authority. Haight v. Joice, 2 Cal. 64.

Jurisdiction-People v. Gillespie, 1 Cal. 342; Stevens r. Ross, 1 Cal. 94; Woods v. Barrett, July T., 1855. Judicial notice-People v. Smith, 1 Cal. 9; Ross v. Austill, 2 Cal. 183; Thorne v. San Francisco, 4 Cal. 127; Irwin t. Phillips, 5 Cal. 140. Stare decisis-Cohas v. Raisin, 3 Cal. 443. Submission-Greeseka v. Brannan, 2 Cal. 517. See Civil Practice, Constitutional Construction.

ARTICLE

XXIII-COURTS OF JUSTICE-CIVIL PRACTICE.

I. COMMON LAW.

735. Common law of England adopted as rule of decision.

II. FORM OF ACTION, PARTIES, PLEADINGS, EVIDENCE, TRIAL, JUDGMENT, EXECUTION, ETC.

755. Actions to be tried where subject matter is situated 757. Actions to be tried where parties reside. 756. Actions to be tried where cause of action arose.

758. Changing place of trial.

3. Manner of Commencing Action.

773. Pleadings, defined; rules of; by plaintiff and de- 784. Demurrer to; sham pleading.

812. Order to be delivered to sheriff; duty of sheriff on 848. After answer.

831. Vacating order of arrest and reducing amount of 867. Same.

877. Court may order subject matter of action to be deposited in court.

843. Proceedings where property claimed by third party. 878. Appointment of receiver.