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VII.-JUSTICES' courts.(1) ART. 677, Sec. 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.
ART. 678, Sec. 67. Justices' courts shall have jurisdiction of the following actions and proceedings: 1. 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. 2. 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. 3. Of an action for a fine, penalty or forfeiture, not exceeding two hundred dollars, given by statute or the ordinance of an incorporated city. 4. 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 installments, an action may be brought for each installment as it becomes due. 5. 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. 6. 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. 7. Of an action to recover the possession of personal property when the value of such property does not exceed two hundred dollars. 8. To take and enter judgment on the confession of a defendant when the amount confessed does not exceed two hundred dollars. 9. Of an action for a forcible or unlawful entry upon, or a forcible or unlawful detention of, lands, tenements or other possession. 10. 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. 11. Of proceedings respecting vagrants and disorderly persons.-[Am. April 19, 1856; R. S. St. 1853, 298; St. 1851, 23 ; St. 1850, 179; C. L. 750.
Art. 679, Sec. 68. The jurisdiction conferred by the last section shall not extend, however: 1. To a civil action in which the title to real property shall come in question. 2. 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. -[Am. April 19, 1856 ; R. S. St. 1853, 298; St. 1851, 23; St. 1850, 179; C. L. 750.
ART. 680, Sec. 69. 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 : 1. Petit larceny. 2. Assault and battery, not charged to bave been committed upon a public officer in the discharge of his duties, or with intent to kill. 3. Breaches of the peace, riots, affrays, committing a willful 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.—[Am. May 7, 1855; R. S. St. 1853, 298; St. 1851, 23; St. 1850, 179; C. L. 750.
ART. 681, Sec. 70. There shall be no terms in justices' courts; these courts shall always be open.
Art. 682, Sec. 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
(1) Zander v. Coe, 5 Cal. 230.
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.
VIII.—RECORDER's Court, Art. 683, Sec. 72. The recorders' courts which are already established, or which may hereafter be established, in any incorporated city of this state, shall have jurisdiction: 1. Of an action or proceeding for the violation of any ordinance of their respective cities. 2. Of an action or proceeding to prevent or abate a nuisance within the limits of their respective cities. 3. Of proceedings respecting vagrants and disorderly persons.
Art. 684, Sec. 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 : 1. Petit lårceny. 2. Assault and battery, not charged to have been committed upon a public officer, in the execution of his duties, or with intent to kill. 3. Breaches of the peace, riots, affrays, committing a willful 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.
Art. 685, 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,
Árt. 686, 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 constitutional oath of office.
Art. 687, 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.
Art. 688, 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.
Art. 689, Sec. 78. Recorders and recorders' courts may issue all process, writs and warrants, and may
any and all orders necessary and proper to the complete exercise of their powers.
Art. 690, Sec. 79. There shall be no terms in recorders' courts. These courts shall always be open.
IX.-MAYORS' COURTS. Art. 691, Sec. 80. The mayors' courts which are already established, or which may hereafter be established in any incorporated city of this state, shall hare the same jurisdiction of actions and of public offenses committed in their respective cities which is conferred by this act upon recorders' courts.
Art. 692, Sec. 81. The mayors of incorporated cities, when authorized by law to hold a court in their respective cities, shall possess the same powers as committing magistrates, as are conferred by this act upon recorders of cities.
Art. 693, Sec. 82. They mayors' courts, and the mayors as the judges of such courts, may issue all process, writs and warrants, and may make any and all orders necessary and proper to the complete exercise of their powers.
PROVISIONS RESPECTING THE COURTS OF JUSTICE AND JUDICIAL
Art. 694, Sec. 83. The supreme court, the several district courts, the superior 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.
Art. 695, Sec. 84. The sittings of every court of justice shall be public, except as is provided in the next
section. ART. 696, Sec. 85. In an action for divorce, the court may direct the trial of 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.
ART. 697, Sec. 86. Every court shall have power: 1. To preserve and enforce order in its immediate presence. 2. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority. 3. 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. 4. To control in furtherance of justice the conduct of its ministerial officers.
XI.—PARTICULAR DISQUALIFICATION OF JUDGES. Art. 698, Sec. 87. A judge shall not act as such in any of the following cases : 1. In an action or proceeding to which he is a party, or in which he is interested. 2. When he is related to either party by consanguinity or affinity, within the third degree. 3. 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.
Art. 699, 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.
Art. 700, 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.
Art. 701, 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.
ART. 702, 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.
XII.-JUDICIAL DAYS AND PLACES OF HOLDING COURTS. Art. 703, Sec. 92. The courts of justice may be held and judicial business may be transacted on any day except as provided in the next section,
Art. 704, 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: 1. To give, upon their request, instructions to a jury then deliberating on their verdict. 2. To receive a verdict, or discharge a jury. 3. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.
Art. 705, 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 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.
Art. 706, Sec. 95. If no judge attend on the day appointed for the holding the court, before noon, the sheriff or clerk shall adjourn the court until the leit day at ten o'clock, and if no judge attend on that day before noon, the sheriti 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 adjvan the court for the term.
Arr. 707, Sec. 96. A judge authorized to hold or preside at a court appointed to be held in a city or town, may, by an order filed with the county clerk, ani published as he may prescribe, direct that the court be held or continued at ang 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.
Art. 708, Sec. 97. When the court is held at a place appointed as provided in the last section, every person held to appear at the court, shall appear at the place so appointed.
XIII._SEALS OF THE COURTS OF JUSTICE.
Art. 709, Sec. 98. Each of the following courts, and no other, shall have a seal: 1. The supreme court. 2. The district courts. 3. The superior court of the city of San Francisco. (1) 4. The county courts. 5. The courts of sessions. 6. The probate courts.
Art. 710, Sec. 99. The seals now used by the supreme court, and the superior court of the city of San Francisco, shall be the seals of the said courts; and where seals have been provided for the county courts, courts of sessions, and probate courts, such scals shall continue to be used as the seals of said courts.
Art. 711, 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: 1. For the district courts : “District Court, County, California,” inserting the name of the county. 2. For the county courts : “ County Court, County, California," inserting the name of the county. 3. For the courts of sessions : " Court of Sessions, County, California," inserting the name of the county. 4. For the probate courts : ”
: “ Probate Court, County, California," inserting the name of the county:
Art. 712, 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.
Art. 713, 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 proceedings therein, except: 1. To a summons or writ. 2. To the proof of a will, or the appointment of an executor, administrator or guardian. 3. 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.
Art. 714, 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.
XIV.-MISCELLANEOUS PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS.
Art. 715, Sec. 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 section be so construed as to apply to motions refused for any informality in the papers or proceedings necessary to obtain an order.
Art. 716, 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
Art. 717, Sec. 107. The judges of the supreme court, of the district courts, of the superior court of the city of San Francisco, and of the county courts, shall have power in any part of the state, and justices of the peace and recorders within their respective counties, and recorders and mayors, within their respective cities, shall have power to take and certify : 1. The proof and acknowledgment of a conveyance of real property, or of any other written instrument. 2. The acknowledgment of satisfaction of a judgment of any court. 3. An affidavit to be used in any court of justice of this state.
Art. 718, Sec. 108. No action or proceeding in a court of justice shall be affected by a vacancy in the office of all or any of the judges, or by the failure of a term thereof.
ART. 719, Sec. 109. Every written proceeding in a court of justice in this state, or before a judicial officer, shall be in the English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals, in the customary manner. In the counties of San Luis Obispo, Santa Barbara, Los Angeles and San Diego the proceedings may be in the English or Spanish languages.
Art. 720, Sec. 1. The several terms of the judicial districts in this state, during each year, shall commence as follows: 1. In the first district, in the county of San Diego, on the third Monday of April, August and December. In the county of Los Angeles, on the third Monday of March, July and November. In the county of San Bernardino, on the third Monday of February, May and October.(Act May 4, 1855.
Art. 721. 2. In the second district, in the county of Santa Barbara, on the first Monday of May, August and November. In the county of San Luis Obispo, on the first Mondays of March, June and September -[Act May 4, 1855.
Art. 722. 3. In the third district, in the county of Santa Clara, on the fourth Monday of March, July and November. 2. In the county of Alameda there shall be held a term of the district court on the third Monday of April, one thousand eight hundred and fifty-seven, as now provided by law, and thereafter the district court shall be held in the county of Alameda on the first Monday of July, October, January and April. 3. In the county of Monterey, after the passage of this act, the first term of the district court shall be held on the fourth Monday of August, one thousand eight hundred and fifty-seven, and thereafter on the fourth Monday of December, April and August. 4. In the county of Santa Cruz, on the third Mondays of March, July and November.—[Act April 22, 1857.
Art. 723. 4. In the fourth district, on the first Monday of February, April, June, August, October and December.-[Act May 4, 1855.
Art. 724, 5. In the fifth district, in the county of Calaveras, on the first Mon