Power to issue writs. Terms of court. Furnishing fuel, lights, etc. Duration of terms. Chamber business. Causes transferred from county court. District judge may hold a term of court in any judicial district of the state. 5th. An order or judgment of a probate court in the cases prescribed by statute. SEC. 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. SEC. 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. SEC. 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. SEC. 25. 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 applications for 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. SEC. 26. Whenever an action or proceeding is pending in a county court where the judge thereof is, by law, disqualified from hearing or trying the same, the court shall, by order, transfer such action or proceeding to the district court. SEC. 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 transbe forwarded to mitted 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. Certificate of such action to the governor. Rules of district court SEC. 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. CHAPTER IV. THE SUPERIOR COURT OF THE CITY OF SAN FRANCISCO. continued. SECTION 29. The court known as the superior court of the city of Superior court San Francisco is continued with the jurisdiction conferred by this chapter. when and how SEC. 30. This court shall be composed of a judge who shall be cho- Judge of court, sen by the electors of the city of San Francisco, at the general elec- chosen. tion in the year one thousand eight hundred and fifty-four, and at the general election every three years thereafter, and shall enter upon Term of office. his duties on the first day of January subsequent to his election. Before entering on his duties he shall take the constitutional oath of office. vacancy until the election. SEC. 31. When a vacancy occurs in the office of judge of this Governor to fill court, a new judge shall be chosen at the next general election, for next general the unexpired term of the preceding judge, and the governor shall appoint some person to fill the vacancy until the general election be held, and the person chosen be qualified. SEC. 32. The city of San Francisco shall pay out of its treasury to Compensation of judge. the judge of this court, during the term of the present judge, the same salary or compensation heretofore and now allowed him by law, the same to be paid quarterly, in equal proportions. After the expiration of the term of the present judge, said city shall pay out of its treasury to the judge of this court, quarterly as aforesaid, a salary of six thousand dollars per year. jurisdiction. SEC. 33. This court shall have original jurisdiction in all civil ca- Original ses in which the amount in controversy exceeds two hundred dollars, exclusive of interest, or which involves the title or possession of real property situated in the city of San Francisco, and its jurisdiction in such cases shall be co-extensive with the jurisdiction of the district court in the like cases. SEC. 34. This court and the judge thereof shall have power to issue owers of court. all writs necessary or proper to the complete exercise of the powers conferred by this and other statutes, and may send its writs, process and orders out of the city of San Francisco, in the actions and proceedings in which it has jurisdiction by this act. SEC. 35. This court shall hold a term each month in the year, to Terms of court. commence on the first Monday of the month and to continue until and including the third Saturday thereafter, unless all business before it be sooner disposed of. The court may be continued for a longer period if the public interests require it. Chamber business Where sessions of court shall be held. Sheriff to furnish fuel, lights, etc. Rules of superior court. Clerk of court. County courts County judge. When elected, and term of office. SEC. 36. The judge of this court shall, at all reasonable times, when not engaged in holding court, transact such business at chambers as may be done out of court. At chambers all applications for orders and writs which are usually granted in the first instance upon an ex parte application may be heard and disposed of, and also in the discretion of the judge, application to discharge such orders and writs. SEC. 37. This court shall hold its sessions in the city of San Francisco, in such central and convenient place as shall be provided for that purpose by the city. If a room for holding the court be not provided by the city, together with attendants, fuel, lights and stationery suitable and sufficient for the transaction of business, the court may direct the sheriff of the county of San Francisco to provide such room, attendants, fuel, lights and stationery, and the expense thereof shall be a charge upon the city. SEC. 38. This court shall have power to make rules for its own government and the government of its officers not inconsistent with the constitution and laws of the state, 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 allowance to any officer for services. SEC. 39. This court shall have a clerk who may appoint one or more deputies. The clerk shall be elected at the next municipal election of the city of San Francisco, and thereafter every two years by the legal electors of said city, and shall hold his office for the space of two years from and after his election. CHAPTER V. THE COUNTY COURTS. SECTION 40. There shall be in each of the counties of this state a county court, with the jurisdiction conferred by this chapter. (1) SEC. 41. The county judge of each county shall be the judge of the county court. The county judge of each county shall, except in the cases otherwise provided by special statutes, be chosen by the electors of the county at the general election in the year one thousand eight hundred and fifty-three, and every four years thereafter, and shall enter upon the duties of his office on the first Monday of April subsequent to his election. Before entering upon his duties he shall take the constitutional oath of office. (1) See ante, page 241, sec. 13. COMPILED LAWS OF CALIFORNIA. vacancies until election. SEC. 42. In case of a vacancy in the office of county judge the Governor to fill vacancy shall be filled by appointment from the governor until the next general next general election, when a county judge shall be chosen for the unexpired term of the preceding judge, and until the new judge elected be qualified. jurisdiction. SEC. 43. The county court shall have jurisdiction to hear and de- Appellate termine all civil causes appealed thereto from a justice's, mayor's, or recorder's court, in the county. SEC. 44. The county court shall have original civil jurisdiction : 3d. Of all proceedings against ships, vessels or boats, or against the owners or masters thereof, when the suit or proceeding is for the recovery of seamen's wages, for a voyage performed in whole or in part without the waters of this state. 4th. Of proceedings in cases of insolvency. Original civil Chamber power business. SEC. 45. The county court and the judge thereof, shall have at chambers to try and determine writs of mandamus, certiorari and quo warranto, and to issue all writs necessary or proper to the complete exercise of the powers conferred upon it by this and other statutes. SEC. 46. This court shall hold a term on the first Monday of Janu- Terms of court. ary, March, May, July, September and November, of each year, which shall continue until all the business of the court be disposed of. furnish room, SEC. 47. If a room for holding the court be not provided by the Sheriff to county, together with attendants, fuel, lights and stationery, suitable fuel, lights, etc. and sufficient for the transaction of business, the court may direct the sheriff to procure such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge. CHAPTER VI. THE COURTS OF SESSIONS. SECTION 48. There shall be in each of the counties of this state a Courts of court, denominated a court of sessions, with the jurisdiction conferred by this chapter. sessions. SEC. 49. The court of sessions of each county shall be composed of How composed. the county judge, who shall be the presiding judge thereof, and two justices of the peace of the county, as associate justices. SEC. 50. The associate justices of the court of sessions shall be Associate justice. chosen by the justices of the peace of the county. The county judge shall convene, at the county seat, on the first Monday of the month as justices of the and file bond. To elect two of act as associate their number to subsequent to the general election in each year, the persons elected as justices of the peace of the county at said preceding general election, and they, after being qualified and filing their respective bonds as such justices, as required by law, shall elect by ballot two of their Persons elected number as associate justices of the court of sessions. The county peace to qualify judge shall preside over the convention, and the county clerk shall be its clerk. A majority of the persons who have qualified and filed their bonds as justices of the peace of the county shall form a quorum for the purpose of the election. A minute of the proceedings of the convention shall be entered in the records of the courts of sessions. A certificate of election shall be given by the county judge and clerk, under the seal of the court of sessions, to the two persons who receive a majority of all the votes cast. Should there be no election for associate justices held at the time above prescribed, the county judge shall at any time be authorized to call an election for such purpose, by giving ten days' notice thereof. justices. In case of non-election. County judge may fill vacancy for the term. Jurisdiction of courts of sessions. Indictments of Indictments against members of the court or justice of peace. SEC. 51. If the justices of the court of sessions, or either of them, be absent at a term of a court of sessions, or the office of those justices, or either of them, be vacant, the county judge shall supply the vacancy or deficiency for the term, by designating the requisite number to form the court, from the justices of the peace of the county. SEC. 52. The courts of sessions shall have jurisdiction 1st. To inquire, by the intervention of a grand jury, of all public offences committed or triable in its county: 2d. In the county of San Francisco to try and determine all indictments found therein, and in the other counties to try and determine indictments found therein, for all public offences except murder, manslaughter, arson, and such crimes as may by law be punishable by death: 3d. To hear and determine appeals from justices', mayors', and recorders' courts in cases of a criminal nature. SEC. 53. When an indictment is found in the court of sessions, except in the county of San Francisco, for murder, manslaughter, arson, or any crime that may be punishable by death, it shall be transmitted by the clerk to the district court sitting in the county for trial, except when the indictment is found against a person holding the office of a district judge, when it shall be transmitted to the district court of such other district as the court of sessions may direct. SEC. 54. All indictments found in the court of sessions against a member thereof, or any justice of the peace, shall also be transmitted to the district court sitting in the county for trial. |