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CHAPTER CXXXI.

AN ACT explanatory of the thirty-ninth Section of an Act entitled "An Act concerning Sheriffs," passed April twenty-ninth, one thousand eight hundred and fifty-one. (1)-[Passed May 18, 1853.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

act explained.

SECTION 1. The thirty-ninth section of an act entitled "An Act Former concerning Sheriffs," passed April twenty-ninth, eighteen hundred and fifty-one, shall be so construed as to include in its meaning the collection of all taxes put into the hands of the sheriff for collection previous to the expiration of his term of office.

CHAPTER CXXXII.

AN ACT to define the Fees to be charged by Clerks of Courts for the
Naturalization of Foreigners. (2)-[Passed May 18, 1853.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

naturalization

exceed three

SECTION 1. That the clerks of the courts of record in this state Fees for shall be entitled to receive, for each certificate of declaration to be- papers shall not come a citizen of the United States, and for making a record thereof, dollars. three dollars, and for certificate of citizenship and making a record thereof, three dollars. The sum of three dollars as herein provided shall include the administration of all oaths or other preliminary proceedings, and said papers herein provided for shall be issued by To whom issued. the court upon application of any individual entitled to receive them, and upon his complying with the provisions of the naturalization laws.

(1) See ante, Chap. 129, Sec. 39.

(2) For fees of clerks, see ante, Chap. 130, Sec. 6 and 41.

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Courts of justice of the state.

Justices of the supreme court.

CHAPTER CXXXIII.

AN ACT concerning the Courts of Justice of this State, and Judicial
Officers.-[Passed May 19, 1853.]

Terms of office.

Chief justice.

To be
commissioned
by governor.
To be elected by
the people.

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

state:

Governor to fill vacancies.

CHAPTER I.

COURTS OF JUSTICE IN GENERAL.

SECTION 1. The following shall be the courts of justice for this

1st. The supreme court.

2d. The district courts.

3d. The superior court of the city of San Francisco.

4th. The county courts.

5th. The courts of sessions.

6th. The probate courts.
7th. The justices' courts.
8th. The recorders' courts.
9th. The mayors' courts.

CHAPTER II.

THE SUPREME COURT.

SEC. 2. The supreme court of this state shall consist of a chief justice and two associate justices. Each justice hereafter elected or appointed, shall be commissioned by the governor, and before entering upon his duties, shall take the constitutional oath of office.

SEC. 3. The justices of the supreme court shall be chosen at general elections, by the qualified voters of the state. One of the justices shall be chosen at the general election of the year one thousand eight hundred and fifty-three, and at the general election every second year thereafter, and shall hold his office for the term of six years from the first day of January next after his election. (1) The senior justice in commission shall be the chief justice.

SEC. 4. When from any cause a vacancy shall occur in the office of a justice of the supreme court, the governor shall fill the same by granting a commission, which shall continue until the election and

(1) See ante., p. 240, Sec. 6.

the next general

qualification of a justice. A justice to fill a vacancy shall be chosen To continue until at the first general election subsequent to the occurrence of the election. vacancy.

jurisdiction.

SEC. 5. The supreme court shall have appellate jurisdiction in all Appellate cases where the matter in dispute exceeds two hundred dollars, when the legality of any tax, toll or impost, or municipal fine is in question, and in all criminal cases amounting to felony, or questions of law alone.

SEC. 6. The supreme court shall have jurisdiction to review upon The same. appeal:

1st. A judgment, in an action or proceeding commenced in the district courts, county courts, when the matter in dispute exceeds two hundred dollars, or when the possession of land or tenements is in controversy, or in the superior court of the city of San Francisco, or brought into those courts from another court, and to review, upon the appeal from such judgment, any intermediate order involving the merits and necessarily affecting the judgment.

2d. An order, granting or refusing a new trial, sustaining or overruling a demurrer, or affecting a substantial right in an action or proceeding.

may issue certain specified.

SEC. 7. This court, and each of the justices thereof, shall have Court or justice power to issue all writs necessary or proper to the complete exercise writs herein of the powers conferred by the constitution, and by this and other statutes. The judges of said court, at chambers during vacation, may Chamber also hear and determine on appeal, writs of mandamus, certiorari and quo warranto.

business.

on appeal.

if neces

SEC. 8. This court may reverse, affirm, or modify the judgment or Power of court order appealed from, as to any or all of the parties, and may sary or proper order a new trial. When the judgment or order is reversed or modified, this court may make complete restitution of all property and rights lost by the erroneous judgment or order.

SEC. 9. There shall be four terms of this court in each year, to commence on the first Monday of January, April, July and October, and to continue until the fourth Saturday thereafter, inclusive, unless all the cases ready for hearing be sooner disposed of. If all the cases ready for hearing be not disposed of, the terms may be continued as much longer as in the opinion of the court the public interests shall require.

SEC. 10. The presence of two justices shall be necessary for the transaction of business, and the concurrence of two justices shall be necessary to pronounce a judgment. If two do not concur the case shall be reheard.

Terms of court.

Judgments of court, how pronounced.

Terms of
the court to be
held in San
Francisco.

The judicial districts of the state.

First district.

Second district.

Third district.

Fourth district.

Fifth district.

Sixth district.

Seventh district.

Eighth district.

Ninth district.

Tenth district.

Eleventh district

There shall
be a judge for
each district.

How, when

SEC. 11. The terms of this court shall be held at the city of San Francisco, until otherwise provided for by law. If a room in which to hold the court be not provided by the state, together with attendance, fuel, lights and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff of the county in which it is held to provide such room, attendance, fuel, lights and stationery, and the expense thereof shall be paid out of the state treasury.

CHAPTER III.

THE DISTRICT COURTS.

SEC. 12. The existing division of the state into eleven judicial districts shall continue, and the said districts shall be composed of the several counties, and numbered as follows:

1st. The first judicial district shall be composed of the counties of San Diego, San Bernardino, and Los Angeles.

2d. The second judicial district shall be composed of the counties of Santa Barbara and San Luis Obispo.

3d. The third judicial district shall be composed of the counties of Santa Cruz, Santa Clara, Alameda and Monterey.

4th. The fourth judicial district shall be composed of the county of San Francisco.

5th. The fifth judicial district shall be composed of the counties of Calaveras, Tuolumne, San Joaquin and Mariposa. The county of Tulare, for judicial purposes for the district court, shall be attached to Mariposa county.

6th. The sixth judicial district shall be composed of the county of Sacramento.

7th. The seventh judicial district shall be composed of the counties of Marin, Sonoma, Napa, Solano, Mendocino and Contra Costa.

8th. The eighth judicial district shall be composed of the counties of Klamath, Humboldt and Siskiyou.

9th. The ninth judicial district shall be composed of the counties of Colusi, Shasta, Trinity and Butte.

10th. The tenth judicial district shall be composed of the counties of Sierra, Yuba, Nevada and Sutter.

11th. The eleventh judicial district shall be composed of the counties of Yolo, Placer and El Dorado.

SEC. 13. There shall be a district judge for each of the judicial districts. The courts held by them shall be the district courts of this

state.

SEC. 14. The district judges shall be chosen by the qualified elec

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year one tors of their respective districts, at the general election in the thousand eight hundred and fifty-eight, and at the general election every six thereafter, and shall enter upon their duties on the first day of January subsequent to their election. (1)

years

fill vacancy, to next general

SEC. 15. In case of a vacancy, from any cause, in the office of the Governor may district judge, the governor shall fill the same by granting a commis- continue until sion, which shall continue until the election and qualification of a election. judge in his place. A judge to fill the vacancy shall be chosen at the first general election subsequent to the occurrence of the

elected, and term of office.

vacancy.

commissioned

SEC. 16. Each district judge hereafter elected or appointed, shall To be be commissioned by the governor, and, before entering upon his duties, and take oath. shall take the constitutional oath of office.

Judges

SEC. 17. Each judge shall reside in his district; and no person shall be eligible to the office of district judge who shall not have been their respective a citizen of the United States and a resident of this state for two Elligibility. years, and of the district six months previous to his election.

to reside in districts.

SEC. 18. The jurisdiction of these courts shall be of two kinds : Jurisdiction. first, original; second, appellate.

SEC. 19. Their original jurisdiction shall extend to all civil cases Original where the amount in dispute exceeds two hundred dollars, exclusive jurisdiction of interest, and to all criminal cases not otherwise provided for. In cases involving the title or possession of real property, and in all issues of fact joined in the probate court, their jurisdiction shall be unlimited.

(1) See ante, p. 241, sec. 10.

jurisdiction. SEC. 20. In all the counties of this state, the district courts shall Criminal have jurisdiction to try and determine all indictments transmitted to them from the court of sessions, in the cases provided for by law.

jurisdiction. SEC. 21. The appellate jurisdiction of these courts shall extend to Appellate hearing upon appeal:

1st. A final judgment of a county court in an action or special proceeding commenced therein, and to hearing upon the appeal from such judgment, any intermediate order involving the merits, and necessarily affecting the judgment.

2d. Any judgment of a county court, rendered on appeal from justices', mayor's or recorder's court.

3d. A judgment of a court of sessions in a criminal action.

4th. An order granting or refusing a new trial in an action or proceeding commenced in a county court, or in the court of sessions, or which affects a substantial right in such action or proceeding.

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