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666. [1854.*] Sections five, six, seven, fifteen, sixteen, seventeen, eighteen, nineteen and twenty, of the act entitled “ an act amendatory of and supplementary to the act entitled an act to regulate proceedings in civil cases in the courts of justice in this state,'” passed May eighteenth, one thousand eight hundred and fifty-three, are hereby repealed, and the sections amended by said amendatory act, shall stand revived as amended by this act.
667. [1854.*] This act shall take effect on the first day of July, one thousand eight hundred and fifty-four.
1. 'This section refers to the amendments of 1854.
* Statutes of 1854, 84.
CONCERNING THE COURTS OF JUSTICE OF THIS STATE
AND JUDICIAL OFFICERS.
PASSED MAY 19th, 1853.
The People of the State of California represented in Senate and
Assembly, do enact as follows :
COURTS OF JUSTICE IN GENERAL.
1. The following shall be the courts of justice of this state : 1st. The supreme court. 2d. The district courts. 4th. The county courts. 5th. The courts of sessions. 6th. The probate courts. 7th. The justices courts. 8th. The recorders' courts. 9th. The mayors' courts.
THE SUPREME COURT.
2. The supreme court of this state shall consist of a chief justice and two associate justices. Each justice hereafter elected or appointed, shall be commissioned by the governor, and before entering upon his · duties, shall take the constitutional oath of office.
3. The justices of the supreme court shall be chosen at general elections by the qualified voters of the state. One of the justices shall be chosen at the general election of the year one thousand eight hundred and fifty-three, and at the general election every second year thereafter, and shall hold his office for the term of six years from the first day of January next after his election. The senior justice in commission shall be the chief justice.
4. When from any cause a vacancy shall occur in the office of a justice of the supreme court, the governor shall fill the same by granting a commission, which shall continue until the election and qualification of a justice. A justice to fill a vacancy shall be chosen at the first general election subsequent to the occurrence of the vacancy.
1. The absence of a judge from the state is not such a vacancy as can be supplied by the executive. People v. Wells, 2 Cal. 610.
5. The supreme court shall have appellate jurisdiction in all cases where the matter in dispute exceeds two hundred dollars; when the legality of any tax, toll or impost, or municipal fine is in question, and in all criminal cases amounting to felony, on questions of law alone.
1. This jurisdiction does not apply in cases of misdemeanor or crimes of a less degree than felony. People v. Applegate, 5 Cal. 295; People v. Shear, 7 ib. 139; People v. Vick, ib. 165.
6. [1854.*] The supreme court shall have jurisdiction to review upon appeal:
1st. A judgment in an action or proceeding commenced in or removed from another court to the district courts, or county courts, when the matter in dispute exceeds two hundred dollars; or when the possession or title of land or tenements is in controversy ; or when the legality of any tax, toll or impost, or municipal fine is in question, and to review upon the appeal from such judgment, any intermediate order or decision, involving the merits and necessarily affecting the judgment;
* Statutes of 1854, 28.
2d. An order granting or refusing a new trial, or refusing to change the place of trial of an action or proceeding, after a motion is made therefor in the cases provided by law, or on the ground that a judge is disqualified from hearing or trying the same, or sustaining or overruling a demurrer, or affecting a substantial right in an action or proceeding.
1. An appeal will not lie to the supreme court unless the amount involved is more than two hundred dollars. Gordon v. Ross, 2 Cal. 156.
2. This jurisdiction is in view of the constitution. Zander v. Coe, 5 ib. 230.
3. The supreme court possesses appellate jurisdiction, from a decree rendered in an action for divorce from the bonds of matrimony. Conant v. Conant, 10 ib. 249.
7. This court, and each of the justices thereof, shall have power to issue all writs necessary or proper to the complete exercise of the powers conferred by the constitution, and by this and other statutes.
1. This court has the right to compel inferior tribunals to proceed to hear and determine causes, of which they refuse to take cognizance. Purcell v. McKune, Cal. Oct. T. 1859.
. 8. [1854.*] This court may reverse, affirm or modify the judgment or order appealed from, as to any or all the parties, and may, if necessary, or proper, order a new trial, or the place of trial to be changed; when the judgment or order is reversed or modified, this court may make complete restitution of all property and rights lost by the erroneous judgment or order.
1. The opinion which is rendered, is advisory to the inferior court, and after the reversal of an erroneous judgment, the parties in the court below have the same rights that they originally had. Stearns v. Aguirre, 7 Cal. 443.
2. This provision does not cover the case of a judgment for the recovery of money. It applies only to those cases where the judgment operates upon specific property in such a manner, that its title is not changed, as by directing the possession of real estate, or the delivery of documents and the like. Farmer v. Rogers, 10 ib. 335.
9. There shall be four terms of this court in each year, to commence on the first Monday of January, April, July and October, and to continue until the fourth Saturday thereafter, inclusive, unless all the cases ready for hearing be sooner disposed of. If all the cases ready for hearing be not disposed of, the terms may be continued as much longer as in the opinion of the court the public interest shall require.
* Statutes of 1854, 28.
10. [1854.*] The presence of two justices shall be necessary for the transaction of business, excepting such business as may be done at chambers; and the concurrence of two justices who have been present at, and heard the arguments, shall be necessary to pronounce a judgment. If two who have been present at, and heard the argument, do not concur, the case shall be reheard.
11. The terms of this court shall be held at the capital of the state. If a room in which to hold the court be not provided by the state, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff of the county in which it is held to provide such room, attendants, fuel, lights and stationery, and the expense thereof shall be paid out of the state treasury.
THE DISTRICT COURTS.
12. [1854, 1855, 1857.t] The state shall be divided into fifteen · judicial districts, which districts shall be numbered, and composed of the several counties and parts of counties, as follows:
1st. The first judicial district shall be composed of the counties of San Diego, Los Angeles and San Bernardino ;
2d. The second judicial district shall be composed of the counties of Santa Barbara and San Luis Obispo ;
* Statutes of 1854, 28.
| Statutes of 1857, 248.