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where to be held.

Election of recorder.

2d. Assault and battery, not charged to have been committed upon a public officer, in the execution 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. Court, when and Sec. 74. A recorder's court shall be held by a judge, who shall be

designated as the "recorder of the city;" and said court shall be held at such place in the city within which it is established, as the government of such city may by ordinance direct.

Sec. 75. The recorders shall be chosen by the electors of their respective cities, on a day to be fixed by the government of such cities, and shall hold their offices for one year unless a longer period be fixed in the acts incorporating such cities, in which case, for such period fixed. Before entering upon their duties they shall take the constitu

tional oath of office. Compensation. Sec. 76. The recorders shall receive a compensation to be fixed by

the charter, or when not so fixed, by the government of their respective cities, to be paid by such cities quarterly, in equal proportions. Such compensations shall not be increased or diminished during the period for which they are elected.

Sec. 77. The recorders shall possess the powers and exercise the duties of committing magistrates, in the criminal cases in which the courts held by them have no jurisdiction by this act; and as such magistrates they may examine, commit or discharge, all persons

brought before them, as the justice of the case may require. May issue

Sec. 78. Recorders and recorders' courts may issue all process, process, etc. writs and warrants, and may

make any

and all orders necessary and proper to the complete exercise of their powers. Court shall be

Sec. 79. There shall be no terms in recorders' courts. These courts always open. shall always be open.

Powers and duties of recorders.

CHAPTER X.

MAYORS' COURTS.

Jurisdiction.

SECTION 80. The mayors' courts which are already established, or which may hereafter be established in any incorporated city of this state, shall have the same jurisdiction of actions and of public of fences committed in their respective cities which is conferred by this act upon recorders' courts.

Sec. 81. The mayors of incorporated cities, when authorized by law to hold a court in their respective cities, shall possess the same

Powers of mayors.

powers as committing magistrates, as are conferred by this act upon recorders of cities.

Sec. 82. The mayors' courts, and the mayors as the judges of such May issue courts, may issue all process, writs and warrants, and may make any etc.

process, writs, and all orders necessary and proper to the complete exercise of their powers.

CHAPTER XI.

GENERAL PROVISIONS RESPECTING THE COURTS OF JUSTICE AND JUDICIAL

OFFCERS.

ARTICLE I.

COURTS OF RECORD: PUBLICITY OF THE PROCEEDINGS OF THE COURTS AND

THEIR INCIDENTAL POWERS.

record.

Section 83. The supreme court, the several district courts, the su- Courts of perior court of the city of San Francisco, the several county courts, the several courts of sessions, and the several probate courts of this state shall be courts of record. Sec. 84. The sittings of every court of justice shall be public, ex- Proceedings to

be public. cept as is provided in the next section. SEC. 85. In an action for divorce, the court may direct the trial of Actions for

divorce excepted. any issue of fact joined therein to be private; and upon such directions all persons may be excluded except the officers of the court, the parties, their witnesses and counsel.

Sec. 86. Every court shall have power—
1st. To preserve and enforce order in its immediate presence.

2d. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority.

3d. To compel obedience to its lawful judgments, orders and process, and to the lawful orders of its judge out of court in an action or proceeding pending therein.

4th. To control in furtherance of justice the conduct of its ministerial officers.

Powers of court.

ARTICLE II.

shall be

PARTICULAR DISQUALIFICATION OF JUDGES. SECTION 87. A judge shall not act as such in any of the following when judge cases :

disqualified. 1st. In an action or proceeding to which he is a party, or in which he is interested.

Not to act as attorney.

2d. When he is related to either party by consanguinity or affinity, within the third degree.

3d. When he has been attorney or counsel for either party in the action or proceeding; but this section shall not apply to the arrangement of the calendar or the regulation of the order of business.

Sec. 88. A judge shall not act as attorney or counsel in a court in which he is judge, or in an action or proceeding removed therefrom to another court for review, or in any action or proceeding from which an appeal may lie to his own court.

SEC. 89. A judge of the supreme court, or of the district court, or of the superior court of the city of San Francisco, shall not act as attorney or counsel in any court except in an action or proceeding to which he is a party on the record.

Sec. 90. A judge or justice of the peace shall not have a partner acting as attorney or counsel in any court in this state.

Sec. 91. A judge of the supreme court, or of the district court, or of the superior court of the city of San Francisco, or of a county court, shall not absent himself from the state.

May act in cases where he is a party on the record.

Partner of, not to act as attorney, etc.

ARTICLE III.

JUDICIAL DAYS AND PLACES OF HOLDING COURTS OF JUSTICE.

Courts, when to be held.

When judicial business shall not be transacted.

Section 92. The courts of justice may be held and judicial business may be transacted on any day except as provided in the next seetion.

Sec. 93. No court shall be opened nor shall any judicial business be transacted on Sunday, on New Year's day, on the Fourth of July, on Christmas day, on Thanksgiving day, or on a day in which the general election is held, except for the following purposes :

1st. To give upon their request, instructions to a jury then deliberating on their verdict.

2d. To receive a verdict, or discharge a jury.

3d. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.

Sec. 94. Every court of justice except a justice's, mayor's or recorder's court, shall sit at the county seat of the county in which it is held, except in the cases provided in this article. Justices' courts shall be held in their respective townships or cities, and mayors' and recorders' courts in their respective cities: Provided, justices of the peace for townships of the county of San Francisco, within the corporate limits of the city of San Francisco, shall have jurisdiction within said corporate limits of all actions and proceedings of which

Terms of courte. Where to be held.

justices of the peace of said county have or may have by law, jurisdiction, whenever the parties to 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.

Sec. 95. If no judge attend on the day appointed for the holding in the absence of the court before noon, the sheriff or clerk shall adjourn the court sheriff or clerk until the next day at ten o'clock, and if no judge attend on that day court.

may adjourn 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.

Sec. 96. A judge authorized to hold or preside at a court appoint- Place of holding ed to be held in a city or town, may, by an order filed with the county changed in 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.

Sec. 97. When the court is held at a place appointed as provided Parties to appear. in the last section, every person held to appear at the court, shall appear at the place so appointed.

certain cases.

ARTICLE IV.

SEALS OF THE COURTS OF JUSTICE.

Section 98. Each of the following courts, and no other, shall have Seals of courts.

a seal.

1st. The supreme court.
2nd. The district courts.
3rd. The superior court of the city of San Francisco.
4th. The county courts.
5th. The courts of sessions.
6th. The probate courts.

Sec. 99. The seals now used by the supreme court, and the supe- Existing seals rior court of the city of San Francisco, shall be the seals of the said may be used. courts: 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.

Seals to be procured for certain courts.

Sec. 100. The several district courts, and also the several county courts, courts of sessions, probate courts, 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:

Inscriptions.

Clerk may use private seal.

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— i Probate Court, County, California," inserting the name of the county.

Sec. 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.

Sec. 102. The clerk of each court shall keep the seal thereof.

Sec. 103. The seal of the court need not be affixed to any proceed. ings therein, except,

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.

Sec. 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.

Seal to he used in certain proceedings.

How impressed.

ARTICLE V.

Order in proceedings in cases pending

Informalities.

MISCELLANEOUS PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS.

Section 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 seotion be so construed as to apply to motions refused for any informality in the papers or proceedings necessary to obtain an order.

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

Punishment for violating last section.

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