65. The county judge of the county of San Francisco shall hold a probate court at the city of San Francisco, on the third Monday 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.

Special acts have frequently been passed creating different terms in many counties. See table, p. 8.

CHAPTER VIII.

JUSTICES' COURTS.

66. The courts held by justices of the peace in this state 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.

67. [1856.] Justices' courts shall have jurisdiction of the following actions and proceedings:

1st. Of an action arising on contracts for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed two hundred dollars.

2d. Of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed two hundred dollars.

3d. Of an action for a fine, penalty or forfeiture, not exceeding two 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 two 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 exceed, if the amount claimed does not exceed two hundred dollars.

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

7th. Of an action to recover the possession of personal property when the value of such property does not exceed two hundred dollars. 8th. To take and enter judgment on the confession of a defendant when the amount confessed does not exceed two hundred dollars.

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

10th. Of an action to determine the right to a mining claim, and for damages for injury to the same, when the damages claimed do not exceed two hundred dollars.

11th. Of proceedings respecting vagrants and disorderly persons.

68. [1856.] The jurisdiction conferred by the last section shall not extend, however:

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

2d. 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.

69. [1855.] These courts shall also have jurisdiction, except within the limits of the city of San Francisco, of the following public offenses 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 six months, or by both such fine and imprisonment.

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

71. Justices of the peace shall hold their offices for one year, and until their successors are elected and qualified. They shall be chosen by the electors of their respective townships or cities at the general election in the year one thousand eight hundred and fifty-three, 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.

1. Justices of the peace in San Francisco county, hold their offices for two years.Consolidation act, statutes of 1856, 147, §6.

CHAPTER IX.

RECORDER'S COURT.

72. The recorders' courts which are already established, 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.

73. The recorders' courts already established, or which may hereafter be established, shall also have jurisdiction of the following public offenses committed in their respective cities:

1st. Petit larceny.

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