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CHAPTER CXXXI.

AN ACT explanatory of the thirty-ninth Section of an Act entitled

An Act concerning Sheriffs,passed April twenty-ninth, one thousand eight hundred and fifty-one. (1)-[Passed May 18, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

act explained.

SECTION 1. The thirty-ninth section of an act entitled “ An Act Former concerning Sherifts,” passed April twenty-ninth, eighteen hundred and fifty-one, shall be so construed as to include in its meaning the collection of all taxes put into the hands of the sheriff for collection previous to the expiration of his term of office.

CHAPTER CXXXII.

AN ACT to define the Fees to be charged by Clerks of Courts for the

Naturalization of Foreigners. (2)—[Passed May 18, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

exceed three

SECTION 1. That the clerks of the courts of record in this state Fees for

naturalization shall be entitled to receive, for each certificate of declaration to be- papers shall not come a citizen of the United States, and for making a record thereof, dollars. three dollars, and for certificate of citizenship and making a record thereof, three dollars. The sum of three dollars as herein provided shall include the administration of all oaths or other preliminary proceedings, and said papers herein provided for shall be issued by To whom issued. the court upon application of any individual entitled to receive them, and upon his complying with the provisions of the naturalization

laws.

(1) See ante, Chap. 129, Sec. 39.
(2) For fees of clerks, see ante, Chap. 130, Sec. 6 and 41.

CHAPTER CXXXIII.

AN ACT concerning the Courts of Justice of this State, and Judicial

Officers.[Passed May 19, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

CHAPTER I.

COURTS OF JUSTICE IN GENERAL.

Courts of justice of the state.

Section 1. The following shall be the courts of justice for this state:

1st. The supreme court.
2d. The district courts.
3d. The superior court of the city of San Francisco.
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.

CHAPTER II.

THE SUPREME COURT.

Justices of the supreme court.

To be
commissioned
by governor.
To be elected by
the people.

Terms of office.

Sec. 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.

Sec. 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. (1) The senior justice in commission shall be the chief justice.

Sec. 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

Chief justice.

Governor to fill vacancics.

(1) Sce ante., p. 240, Sec. 6.

qualification of a justice. A justice to fill a vacancy shall be chosen to continue until

the next general at the first general election subsequent to the occurrence of the election. vacancy. Sec. 5. The supreme court shall have appellate jurisdiction in all Appellate

jurisdiction. 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, or questions of law alone.

Sec. 6. The supreme court shall have jurisdiction to review upon The same. appeal :

1st. A judgment, in an action or proceeding commenced in the district courts, county courts, when the matter in dispute exceeds two hundred dollars, or when the possession of land or tenements is in controversy, or in the superior court of the city of San Francisco, or brought into those courts from another court, and to review, upon the appeal from such judgment, any intermediate order involving the merits and necessarily affecting the judgment.

2d. An order, granting or refusing a new trial, sustaining or overruling a demurrer, or affecting a substantial right in an action or proceeding.

Sec. 7. This court, and each of the justices thereof, shall have Court or justice power to issue all writs necessary or proper to the complete exercise writs herein of the powers conferred by the constitution, and by this and other statutes. The judges of said court, at chambers during vacation, may Chamber also hear and determine on appeal, writs of mandamus, certiorari and quo warranto.

SEC. 8. This court may reverse, affirm, or modify the judgment or Power of court
order appealed from, as to any or all of the parties, and may if neces-
sary or proper order a new trial. When the judgment or order is re-
versed or modified, this court may make complete restitution of all
property and rights lost by the erroneous judgment or order.

Sec. 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 interests shall
require.
Sec. 10. The presence of two justices shall be necessary for the trans-

Judgments of action of business, and the concurrence of two justices shall be neces-court,

. sary to pronounce a judgment. If two do not concur the case shall be reheard.

specified.

business.

on appeal.

Terms of court.

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Terms of
the court to be
held in San
Francisco.

Sec. 11. The terms of this court shall be held at the city of San Francisco, until otherwise provided for by law. If a room in which to hold the court be not provided by the state, together with attendance, 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, attendance, fuel, lights and stationery, and the expense thereof shall be paid out of the state treasury.

CHAPTER III.

districts of the

Third district.

THE DISTRICT COURTS. The judicial Sec. 12. The existing division of the state into eleven judicial dis. state.

tricts shall continue, and the said districts shall be composed of the

several counties, and numbered as follows: First district. 1st. The first judicial district shall be composed of the counties of

San Diego, San Bernardino, and Los Angeles. Second district. 2d. The second judicial district shall be composed of the counties

of Santa Barbara and San Luis Obispo.

3d. The third judicial district shall be composed of the counties of

Santa Cruz, Santa Clara, Alameda and Monterey. Fourth district. 4th. The fourth judicial district shall be composed of the county of

San Francisco. Fifth district.

5th. The fifth judicial district shall be composed of the counties of Calaveras, Tuolumne, San Joaquin and Mariposa. The county of Tulare, for judicial purposes for the district court, shall be attached to Mariposa county.

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

Sacramento. Seventh district.' 7th. The seventh judicial district shall be composed of the counties

of Marin, Sonoma, Napa, Solano, Mendocino and Contra Costa. Eighth district. 8th. The eighth judicial district shall be composed of the counties

of Klamath, Humboldt and Siskiyou.

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

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

11th. The eleventh judicial district shall be composed of the coun

ties of Yolo, Placer and El Dorado. There shall

Sec. 13. There shall be a district judge for each of the judicial disbe a judge for

tricts. The courts held by them shall be the district courts of this

state. How, when

Sec. 14. The district judges shall be chosen by the qualified elec

Sixth district.

Ninth district.

Tenth district.

Eleventh district

each district.

of office.

fill vacancy, to

commissioned

to reside in

tors of their respective districts, at the general election in the year one

elected, and term thousand eight hundred and fifty-eight, and at the general election every six years thereafter, and shall enter upon their duties on the first day of January subsequent to their election. (1)

Sec. 15. In case of a vacancy, from any cause, in the office of the Governor may district judge, the governor shall fill the same by granting a commis- continue until sion, which shall continue until the election and qualification of a election. judge in his place. A judge to fill the vacancy shall be chosen at the first general election subsequent to the occurrence of the vacancy.

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

Sec. 17. Each judge shall reside in his district; and no person Judges, shall be eligible to the office of district judge who shall not have been their respective a citizen of the United States and a resident of this state for two

Elligibility. years, and of the district six months previous to his election.

Sec. 18. The jurisdiction of these courts shall be of two kinds : Jurisdiction. first, original; second, appellate.

Sec. 19. Their original jurisdiction shall extend to all civil cases Original where the amount in dispute exceeds two hundred dollars, exclusive jurisdiction 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. Sec. 20. In all the counties of this state, the district courts shall Criminal

jurisdiction. have jurisdiction to try and determine all indictments transmitted to them from the court of sessions, in the cases provided for by law. Sec. 21. The appellate jurisdiction of these courts shall extend to Appellato

jurisdiction. hearing upon appeal:

1st. A final judgment of a county court in an action or special proceeding commenced therein, and to hearing upon the appeal from such judgment, any intermediate order involving the merits, and necessarily affecting the judgment.

21. Any judgment of a county court, rendered on appeal from jus. tices', mayor's or recorder's court.

3d. A judgment of a court of sessions in a criminal action.

4th. An order granting or refusing a new trial in an action or proceeding commenced in a county court, or in the court of sessions, or which affects a substantial right in such action or proceeding.

(1) See ante, p. 241, scc. 10.

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