3d. The third judicial district shall be composed of the counties of Santa Cruz, Santa Clara, Monterey and Alameda ;

4th. The fourth judicial district shall be composed of that part of the northern portion of the city and county of San Francisco lying north of a line described as follows: commencing at the western boundary of said county, at a point in a line with the center of Bush street, in said city, thence running easterly in a line with and through the center of Bush street, to the center of Larkin street; thence northerly along the center of Larkin street to the center of Pine street; thence easterly along the center of Pine street to the center of Kearny street; thence northerly along the center of Kearny street to a point in a line with the northern side of the city hall or courthouse; thence easterly to and along the northerly line of the city hall or court-house, to a point sixty-five feet from the easterly line of Kearny street; thence at right angles southerly to the southern line of said hall or court-house; thence westerly along the southern line of said building to the easterly line of Kearny street; thence southerly along said eastern line of Kearny street to the center of Clay street; thence easterly along the center of Clay street to a point in the eastern boundary of said county; (a)

5th. The fifth judicial district shall be composed of the counties of Calaveras, Amador, Tuolumne and San Joaquin; (b)

6th. The sixth judicial district shall be composed of the county of Sacramento;

(a) STATUTES OF 1854, 178.

SEC. 2. The jurisdiction of the district court of the fourth judicial district, in the county of San Francisco, and throughout the state, shall remain and continue as heretofore.

SEC. 3. The jurisdiction of the district court of the twelfth judicial district, in the county of San Francisco, and throughout the state, shall be co-extensive with the jurisdiction of the district court of the fourth judicial district.

(b) STATUTES OF 1859, 3.

SEC. 1. The fifth, fourteenth and fifteenth judicial districts of this state are hereby divided, and the sixteenth and seventeenth judicial districts created. The counties of San Joaquin and Tuolumne shall remain and hereafter constitute the fifth judicial district, of which the present judge shall remain and be the judge. The county of

7th. The seventh judicial district shall be composed of the counties of Marin, Sonoma, Mendocino, Napa, Solano and Contra Costa;

8th. The eighth judicial district shall be composed of the counties of Humboldt, Klamath and Del Norte;

9th. The ninth judicial district shall be composed of the counties of Shasta, Siskiyou and Trinity;

10th. The tenth judicial district shall be composed of the counties of Yuba and Sutter;

11th. The eleventh judicial district shall be composed of the counties of El Dorado, Placer and Yolo;

12th. The twelfth judicial district shall be composed of that portion of the city and county of San Francisco which is not included within the limits of the fourth judicial district, as above described, and of the county of San Mateo; (a)

13th. The thirteenth judicial district shall be composed of the counties of Mariposa, Tulare, Frezno, Merced and Stanislaus;

14th. The fourteenth judicial district shall be composed of the counties of Sierra and Nevada; (b)

15th. The fifteenth judicial district shall be composed of the counties of Plumas, Butte, Colusi and Tehama.

13. There shall be a district judge for each of the judicial districts. The courts held by them shall be the district courts of this state.

14. [1860.*] The district judges shall be chosen by the qualified electors of their respective districts, at the general elections, and shall enter upon the duties of their office on the first of January subsequent to their election, and shall hold office for the term of six years.

* Statutes of 1860, 000. (a) See note a, page 311. (b) See note b, page 311. Nevada shall remain and hereafter constitute the fourteenth judicial district, of which the present judge shall be and remain the judge. The counties of Colusi, Tehama and Butte shall remain and hereafter constitute the fifteenth judicial district, of which the present district judge shall remain and be the judge. The counties of Calaveras and Amador shall constitute the sixteenth judicial district, and the counties of Sierra and Plumas shall constitute the seventeenth judicial district, for each of which districts judges shall be appointed and elected as hereinafter provided.

15. [1860.] In case of a vacancy in the office of the district judge, the governor shall fill the same by granting a commission, which shall continue until the election and qualification of a judge in his place. At the first general election subsequent to the occurrence of the vacancy, a judge shall be elected who shall qualify and enter upon the duties of his office on the first day of January subsequent to his election, and shall hold his office for the term of six years.

16. Each district judge hereafter elected or appointed, shall be commissioned by the governor, and before entering upon his duties, shall take the constitutional oath of office.

17. [1855, 1859.*] Each judge shall reside in his district, except that the judges of the fourth and twelfth judicial districts may reside in any part of the county of San Francisco, and no person shall be eligible to the office of district judge who shall not have been a citizen of the United States and a resident of this state for two years, and of the district, six months previous to his election. But a residence in any part of the city and county of San Francisco shall be deemed a residence within the fourth or twelfth judicial districts, within the meaning of the last clause of this section.

18. The jurisdiction of these courts shall be of two kinds : 1st. Original;

2d. Appellate.

1. Appellate jurisdiction held unconstitutional. People v. Peralta, 3 Cal. 379; Caulfield v. Hudson, 3 Cal. 389; Hernandes v. Simon, 3 Cal. 464; Reed v. McCormick, 4 Cal. 342; Townsend v. Brooks, 5 Cal. 52; Reyes v. Sanford, 5 Cal. 117.

19. Their original jurisdiction shall extend to all civil cases where the amount in dispute exceeds two hundred dollars, exclusive of interest, and to all criminal cases not otherwise provided.for. In cases involving the title or possession of real property, and in all issues of fact joined in the probate court, their jurisdiction shall be unlimited.

* Statutes of 1859, 22.

21

1. The district court may issue a writ of certiorari to a county judge. Chard v. Harrison, 7 Cal. 113.

2. The district court has no jurisdiction in an action on an undertaking given for costs in the district court, where the costs are less than two hundred dollars. Page v. Ellis, 9 Cal. 248.

20. In all the counties of this state, the district courts shall have jurisdiction to try and determine all indictments transmitted to them from the court of sessions, in the cases provided for by law.

21. [1854.*] The appellate jurisdiction of these courts shall extend to a hearing upon appeal:

1st. A judgment of a court of sessions in a criminal action;

2d. A judgment of a court of sessions, rendered on appeal from justices', mayors', or recorders' courts, in a criminal action;

3d. An order or judgment of a probate court, in the cases prescribed by statute.

1. The appellate jurisdiction of the district courts held unconstitutional. See authorities cited under section 18, ante.

22. These courts, and the judges thereof, shall have power to issue all writs necessary or proper to the complete exercise of the power conferred upon them by the constitution, and by this and other

statutes.

23. The terms shall be held at the county seats of the several counties; if a room for holding the court be not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff to provide such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge.

For terms in the district courts, see table, p. 7.

24. The terms shall be held until the business of the term is fully disposed of, or until the day fixed for the commencement of some other term in the district, and may be adjourned from time to time, in the discretion of the court.

*Statutes of 1854, 28.

25. [1858.*] The district judges shall at all reasonable times, when not engaged in holding courts, transact such business at their chambers as may be done out of court, at chambers; they may try and determine writs of mandamus, certiorari and quo warranto, hear and dispose of all motions and applications for new trials, and all orders and writs which are usually granted in the first instance upon an ex parte application, and may in their discretion, also hear applications to discharge such orders and writs.

26. [1854.t] Whenever an action or proceeding is commenced in a district court, in which a county court has concurrent jurisdiction, the district court may, if the parties consent, by order, transfer the same to the county court of the same county; upon such transference, the county court shall have and exercise over such action or proceeding, the same jurisdiction as if originally commenced therein.

27. A district judge may hold a term in any judicial district in this state upon the request of the judge of the district in which such term is to be held; and when, by reason of sickness or absence from the state, or from any other cause, a term cannot be held in a district by the judge thereof, a certificate of that fact shall be transmitted by the clerk to the governor, who shall thereupon direct some other district judge to hold such term. It shall be the duty of the judge thus

directed to hold such term.

28. Each district court shall have power to make rules, not inconsistent with the constitution and laws of this state, for its own government and the government of its officers, but such rules shall not be in force until thirty days after their adoption and publication, and no rule shall be made imposing any tax or charge upon any legal proceeding, or making an allowance to any officer for services.

*Statutes of 1858, 83.

† Statutes of 1854, 28.