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The Circuit Court of the United States - District
The regular term shall be held at San Francisco, as follows:
On the first Monday in February, second Monday in July, and fourth Monday in November of each year.
The Circuit Judge may appoint special sessions of the Circuit Court, to be held at the place where the regular session is held.
The District Court of the United States — District
The regular terms shall be held at San Francisco, as follows:
On the first Monday in February, on the second Monday in July, and on the first Monday in November.
Whenever the Judge fails to hold any regular term thereof, it shall be his duty, if it appears that the business of the Court requires it, to hold an intermediate term.
The process of the Superior Courts shall extend to all parts of the State; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.
Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated :
1. For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property.
2. For partition of real property.
3. For the foreclosure of all liens and mortgages on real property.
Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.
Actions for the following causes must be tried in the county where the cause or some part thereof arose:
1. For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed.
2. Against a public officer or person especially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who by his command, or in his aid, does anything touching the duties of such officer.
Actions against counties may be commenced and tried in any county in the judicial district in which such county is situated, unless such actions are between counties, in which case they may be commenced and tried in any county not a party thereto.
All other actions must be tried in the county in which the defendants, or some of them, reside at the commencement of the action; or if none of the defendants reside in the State, or if residing in this State, the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about to depart from the State, such action may be tried in any county where either of the parties reside, or where service is had.
If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein, unless the defendant, at the time he
appears and answers or demurs, files an affidavit of merits, and demands in writing that the trial be had in the proper county.
The place of trial may be changed in the following cases:
1. When the county designated in the complaint is not the proper country.
2. When there is reason to believe that an impartial trial cannot be had therein.
3. When the convenience of witnesses and the ends of justice would be promoted by the change.
4. When from any cause the Judge is disqualified from acting
Place of Trial of Action in Justices' Courts.
1. If there be no Justices' Courts for the township or city in which the defendant resides: in any city or township of the county in which he resides.
2. When two or more persons are jointly, or jointly and severally, bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different townships or different cities of the same country: or in different counties, in the township or city in which any of the persons liable may reside.
3. In case of injury to the person or property: in the township or city where the injury was committed, or where the defendant resides,
4. If, for the recovery of personal property, or the value thereof, or damages for taking or detaining the same: in the township or city in which the property may be found, or in which the property was taken, or in which the defendant resides.
5. When the defendant is a non-resident of the county: in any township or city wherein he may be found.
. 6. When the defendant is a non-resident of the State: in any township or city in the State.
7. When a person has contracted to perform an obligation at a particular place, and resides in another county, township
or city: in the township or city in which such obligation is to be performed, or in which he resides; and the township or city in which the obligation is incurred shall be deemed to be the township or city in which it is to be performed, unless there is a special contract to the contrary.
8. When the parties voluntarily appear and plead without summons: in any township or city in the State.
9. In all other cases : in the township or city in which the defendant resides.
The place of trial may be changed in the following cases :
1. When it appears to the satisfaction of the Justice before whom the action is pending, by affidavit of either party, that such Justice is a material witness for either party.
2. When either party makes and files an affidavit that he believes that he cannot have a fair and impartial trial before such Justice, by reason of the interest, prejudice or bias of the Justice.
3. When a jury has been demanded, and either party makes and files an affidavit that he cannot have a fair and impartial trial on account of the bias or prejudice of the citizens of the township or city, against him
4. When from any cause the Justice is disqualified from acting
5. When the Justice is sick or unable to act.
LIMITATION OF CIVIL ACTIONS.
The periods prescribed for the commencement of civil actions are as follows:
Within Five Years.
1. An action upon a judgment or decree of any Court of the United States, or of any State within the United States.
2. An action for mesne profits of real property.
Within Four Years.
Any action upon any contract, obligation or liability founded upon an interest in writing executed in this State (promissory notes included).
Within Three Years.
1. An action upon a liability created by statute other than a penalty or forfeiture.
2. An action for trespass upon real property.
3. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.
4. An action for relief on the ground of fraud or mistake. In this case the time begins to run from the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Within Two Years.
1. An action upon a contract, obligation or liability, not founded upon an instrument of writing, made within or out of this State (accounts included).
2. An action founded upon an instrument of writing executed out of this State (promissory notes included).
3. An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution-except for an escape.
4. An action to recover damages for the death of one caused by the wrongful act or neglect of another.
Within One Year.
1. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the State, except where the statute imposing it prescribes a different limitation.