Page images
PDF
EPUB

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 the 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.

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.

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.

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.

ARTICLE IV.

SEALS OF THE COURTS OF JUSTICE.

98. [1860.*] Each of the following courts, and no other, shall have a seal: 1. The supreme court. 2. The district courts. 3.

* Statutes of 1860, 000.

The county courts. 4. The courts of sessions. 5. The probate courts. 6. The police judge's court of the city and county of San Francisco.

99. The seal now used by the supreme court, shall be the seal of the said court; 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.

100. [1860.*] The several district courts, and also the county courts, courts of sessions, probate courts, police judge's court of the city and county of San Francisco, 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:

1st. For the district courts : “ district court, — county, California," inserting the name of the county;

2d. For the county courts : “ county court, — county, California,” inserting the name of the county ;

3d. For the courts of sessions : “court of sessions, - county, California," inserting the name of the county;

4th. For the probate courts : “probate court, — county, California," inserting the name of the county ;

5th. For the police judge's court of the city and county of San Francisco : police judge's court of the city and county of San Francisco.

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.

102.

The clerk of each court shall keep the seal thereof.

103. The seal of the court need not be affixed to any proceedings therein, except:

* Statutes of 1860, 000.

1st. To a summons or writ;

2d. To the proof of a will, or the appointment of an executor, administrator or guardian ;

3d. 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.

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.

1. Connolly v. Goodwin, 5 Cal. 220.

ARTICLE V.

MISCELLANEOUS PROVISIONS RESPECTING COURTS AND

JUDICIAL OFFICERS.

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 neces sary to obtain an order.

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 make it, or vacated by a judge of a court in which the action or proceeding is pending.

107. The judges of the supreme court, of the district courts, 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:

1st. The proof and acknowledgment of a conveyance of real property, or of any other written instrument;

2d. The acknowledgment of satisfaction of a judgment of any court; 3d. An affidavit to be used in any court of justice of this state.

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.

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 Bar. bara, Los Angeles and San Diego, the proceedings may be in the English or Spanish languages.

AN ACT

CONCERNING FORCIBLE ENTRIES AND UNLAWFUL

DETAINERS.

PASSED APRIL 22, 1850.

The People of the State of California represented in Senate and

Assembly, do enact as follows:

1. No person or persons shall hereafter make any entry into lands, tenements, or other possessions, but in cases where entry is given by law, and in such cases, not with strong hand nor with multitude of people, but only in a peaceable manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine.

1. When a party of four or five men enter a building occupied by another, in the night time, during the hours of sleep, and take possession, and avow their intention to keep possession, and actually do so, it is sufficient evidence of force to maintain this action. Scarlett v. Lamarque, 5 Cal. 63.

2. To maintain this action, actual force, threats of violence, or just apprehension of violence to person, must be shown to have existed, unless the detainer be riotous. Frazier v. Hanlon, ib. 156; Willard v. Warren, 17 Wend. 257.

3. Facts amounting to a mere trespass are not sufficient to maintain this action.' Frazier v. Hanlon, 5 Cal. 156.

4. This act is in derogation of the common law, and must be strictly construed. House v. Keiser, 8 ib. 499.

5. An action of forcible entry and detainer will not lie against a party claiming a right to land, who is not in the actual possession. Preston v. Kehoe, 10 ib. 445.

« PreviousContinue »