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Sec. 55. The court of sessions, except in the counties in which a Further

jurisdiction of board of supervisors is established, shall also have power and juris- the court. diction in its county

1st. To make orders respecting the property of the county, in conformity with any law of this state, and to take care of and preserve such property.

2d. To examine, settle and allow all accounts legally chargeable against the county, and to direct the levying such per centage on the assessed value of real and personal property in the county as may be authorized by law.

3d. To examine and audit the accounts of all officers having the care, management, collection and disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit.

4th. To control and manage public roads, turnpikes, ferries, canals and bridges within the county, where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect.

5th. To divide the county into townships, and to create new town. ships and to change the divisions of the same, as the convenience of the county may require.

6th. To establish and change election precincts.

7th. To control and manage the property, real and personal, belonging to the county, and to receive by donation any property for the use and benefit of the county.

Sth. To purchase any real and personal property necessary for the use of the county: Provided, the value of such real property be previously estimated by three disinterested persons to be appointed for that purpose by the district court of the county.

9th. To sell and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the


10th. To cause to be erected and furnished a court house, jail, and such other public buildings as may be necessary, and the same to be kept in repair : Provided, that the erection of such court house, jail and other public buildings be let out, after one month's previous publication, in each case of a readiness to receive proposals therefor, to the lowest bidder, who will give good and sufficient security for the completion of any contract which may be made respecting the same.

11th. To ascertain and determine with a jury, or by consent of parties, without a jury, the just compensation to be made to the owners of private property taken for public use.

Vouchers for county expenses

of court to be

12th. To do and perform all such other acts and things as may be requisite and necessary to the full discharge of the powers and juris

diction conferred on the court. Bridges, and Sec. 56. When any bay, river, stream, creek or slough separates how regulated.

two counties, the court of sessions of the county lying on the left bank descending such bay, river, stream, creek or slough, shall have the jurisdiction of the same, so far as the control and management of bridges and ferries are concerned, but all sums paid for licenses to construct any bridges, or to run any ferries over such river, stream, creek or slough shall be divided equally between the two counties.

Sec. 57. All accounts, vouchers, papers, petitions and documents to be filed with relating to the business or property of the county, shall be appropri

ately arranged under their several heads, filed in the office of the county clerk, and preserved separate from the papers and documents

of the court, as a court having criminal jurisdiction. Proceedings Sec. 58. The orders, judgments and proceedings of the court when recorded. sitting for the transaction of county business shall be entered by the

clerk, in separate books to be kept for that purpose.

Sec. 59. A term of the court of sessions shall be held at the county seat in each county on the first Monday of February, April, June, August, October and December of each year, excepting the county of Calaveras, where the terms of said court shall be held on the second Mondays of February, April, June, August, October and December, and shall continue until the commencement of the next term, unless all the business of the court be sooner disposed of. Special terms of the court may also be held whenever, in the opinion

of the county judge, the public interests require the same. If no court house, Sec. 60. Until a court house be erected for the county, this court sheriff to provide room, also fuel, may direct the sheriff to furnish a suitable room for holding the court, lights, etc.

and the expenses thereof shall be a county charge. This court may, also, at any time, direct the sheriff to furnish attendants, fuel, lights and stationery suitable and sufficient for the transaction of business, and the expenses thereof shall be a county charge.

Terms of the court



Probate court created.

Probate judges.

Section 61. There shall be, in each county, a probate ccurt with the jurisdiction conferred by this chapter.

Sec. 62. The county judge of each county shall be the judge of the probate court.

Sec. 63. The probate court shall have power to open and receive


the proof of last wills and testaments, and to admit them to probate; to grant letters testamentary of administration and of guardianship, and to revoke the same, for cause shown according to law; to compel executors, administrators and guardians to render an account when required, or at the period fixed by law; to order the sale of property of estates or belonging to minors; to order the payment of debts due by estates; to order and regulate all partitions of property or estate of deceased persons; to compel the attendance of witnesses; to appoint appraisers or arbitrators; to compel the production of title deeds, papers or other property of an estate or of a minor; and to make such other orders, as may be necessary and proper, in the exercise of the jurisdiction conferred upon the probate court.

Sec. 64. The county judge shall have power in vacation to appoint May attend to appraisers, to receive inventories and accounts to be filed in his court; vacation. to suspend the powers of executors, administrators, or guardians in the cases allowed by law; to grant special letters of administration or guardianship; to approve claims and bonds, and to direct the issuance, from his court, of all writs and process necessary in the exercise of his powers as probate judge.

Sec. 65. The county judge of the county of San Francisco shall Probate court of hold a probate court at the city of San Francisco, on the third Mon- When to be hela. day of January, March, May, July, September and November : Provided, that each term of said court shall continue until the commencement of the next term, unless all the business of the court be sooner disposed of. In the other counties of the state, the county judge shall hold a probate court on the fourth Monday of each month.

business during


JUSTICES' COURTS. SECTION 66. The courts held by justices of the peace in this state Justices' courts. shall be denominated justices' courts, and shall have the jurisdiction conferred by this chapter, but nothing contained in this chapter shall affect their jurisdiction in actions or proceedings now pending therein, nor shall it affect any judgment or order already made, or proceedings already taken.

Seo. 67. These courts, except in the county of San Francisco, shall Jurisdiction. have jurisdiction of the following actions and proceedings: 1st. Of an action arising on contract for the recovery


money only, if the sum claimed, exclusive of interest, do not exceed five hundred dollars.

23. Of an action for damages for an injury to the person, or for

taking, detaining, or injuring personal property, if the damages claimed do not exceed five hundred dollars.

3d. Of an action for a fine, penalty or forfeiture not exceeding five hundred dollars, given by statute or the ordinance of an incorporated city.

4th. Of an action upon a bond conditioned for the payment of money not exceeding five hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due : when the payments are to be made by instalments, an action may be brought for each instalment as it becomes due.

5th. Of an action upon a surety bond or undertaking, taken by them though the penalty or amount claimed exceed five hundred dollars.

6th. Of an action for the foreclosure of any mortgage, or the enforcement of any lien on personal property, when the debt secured does not exceed, exclusive of interest. five hundred dollars.

7th. Of an action to recover the possession of personal property when the value of such property does not exceed five hundred dollars.

8th. To take and enter judgments on the confession of a defendant, when the amount confessed does not exceed five hundred dollars.

9th. Of an action for a forcible or unlawful entry upon, or a forcible or unlawful detention of lands, tenements, or other possessions.

10th. Of an action to determine the right to a “mining claim.” 11th. Of proceedings respecting vagrants and disorderly persons.

12th. The justice's court of the county of San Francisco shall have jurisdiction of the actions specified in this section, but such jurisdiction shall be limited in the actions mentioned in the first eight subdivisions, to cases involving an amount not exceeding two hundred

dollars, exclusive of interest. Jurisdiction not

Sec. 68. The jurisdiction conferred by the last section shall not exherein set forth tend, however

1st. To a civil action in which the title to real property shall come in question.

2d. Nor to an action for the foreclosure of a mortgage or the enforcement of a lien on real property, nor to an action or proceeding 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.

Sec. 69. These courts shall also have jurisdiction, except within jurisdiction.

the limits of the city of San Francisco, of the following public offences

to extend to cases



committed within the respective counties in which such courts are established :

1st. Petit larceny.

2d. Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill.

3d. Breaches of the peace, riots, affrays, committing a wilful injury to property; and all misdemeanors punishable by fine not exceeding five hundred dollars or imprisonment not exceeding three months, or by both such fine and imprisonment.

Sec. 70. There shall be no terms in justices' courts; these courts Court always shall always be open.

Sec. 71. Justices of the peace shall hold their offices for one year, Term of office, and until their successors are elected and qualified. They shall be justices. chosen by the electors of their respective townships or cities at the general election in the year one thousand eight hundred and fiftythree, and at the general election every year thereafter, and shall enter upon their duties on the first Monday of the month subsequent to their election. Whenever a vacancy shall occur in the office of a justice, by death, resignation, or otherwise, a special election may be ordered by the county judge to supply such vacancy. The justice elected to supply a vacancy shall hold his office only for the unexpired term of his immediate predecessor. Each justice, before entering upon the discharge of his duties, shall take the constitutional oath of office, and shall execute a bond to the state in the sum of five thousand dollars, conditioned for the faithful performance of his duties, and file the same with the county clerk.


RECORDER'S COURT. SECTION 72. The recorders' courts which are already established, Jurisdiction. or which may hereafter be established, in any incorporated, city of this state, shall have jurisdiction : 1st. Of an action or proceeding for the violation of any

ordinance of their respective cities.

2d. Of an action or proceeding to prevent or abate a nuisance within the limits of their respective cities.

3d. Of proceedings respecting vagrants and disorderly persons.
Sec. 73 The recorders' courts already established, or which may Further

jurisdiction hereafter be established, shall also have jurisdiction of the following public offences committed in their respective cities :

1st. Petit larceny.

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