Amused 21459 3. To appoint appraisers of estates of deceased persons; 4. To compel executors, administrators, and guardians to render accounts; 5. To order the sale of property of estates, or belonging to minors; 6. To order the payment of debts due from estates; 7. To order and regulate all distributions and partitions of property or estates of deceased persons; 8. To compel the attendance of witnesses, and the production of title deeds, papers, and other property of an estate, or of a minor; 9. To exercise the powers conferred by Title XI, Part III, of this Code; 10. To make such orders as may be necessary to the exercise of the powers conferred upon it. [Amendment, approved March 24, 1874; Amendments 1873-4, 282; took effect July 1, 1874.(a) 10,098. Presumptions in favor of its judgments. SEC. 98. The proceedings of this court are construed in the same manner, and with like intendments, as the proceedings of courts of general jurisdiction, and to its records, orders, judgments, and decrees there is accorded like force, effect, and legal presumptions as to the records, orders, judgment, and decrees of the district court. 10,099. Terms of the court in the respective counties. SEC. 99. The terms of the probate court in the respective counties must be held as follows: In the county of Alameda, on the first Monday of January, April, and July, and third Monday of September; In the county of Alpine, on the first Monday of February, June, and October. In the county of Amador, on the first Monday of February, May, August, and November; [The above provision as to Amador county was superseded by "An Act to fix the terms of the county and probate courts in and for the county of Amador," approved March 23, 1876; 1875-6, 403; given ante, 10,088.] In the county of Butte, on the first Monday of January, March, May, July, September, and November; In the county of Calaveras, on the first Monday of March, June, September, and December; [The above provision as to Calaveras county was superseded by "An Act to fix the terms of the county and probate courts in the county of Calaveras," approved March 7, 1876; 1875-6, 148; given ante, 10,088.] In the county of Colusa, on the first Monday of each month; The above provision as to Colusa county was superseded by "An Act to provide for the time of holding terms of the county court and probate court in the county of Colusa," approved February 24, 1874; 1873-4, 155; given ante, 10,088.] In the county of Contra Costa, on the first Monday of March, August, and November; In the county of Del Norte, on the first Monday of April, July, and October. In the county of El Dorado, on the second Monday of January, April, July, and October; In the county of Fresno, on the first Monday of January, March, May, July, September, and November; In the county of Humboldt, on the first Monday of January, March, May, July, September, and November; (a) The original section in the first subdivision, in- seventh subdivision it did not have the words " and stead of "probate" had the word "proof." In the partitions." 10,099 CODE OF CIVIL PROCEDURE. In the county of Inyo, on the first Monday of January, March, May, July, September, and November; In the county of Kern, on the first Monday of January, March, May, July, September, and November; In the county of Klamath, on the first Monday of April, July, and October; In the county of Lake, on the first Monday of January, April, July, and October; In the county of Lassen, on the first Monday of February, May, August, and November; In the county of Los Angeles, on the first Monday of January, March, May, July, September, and November; In the county of Marin, on the third Monday of March, June, September, and December; [The above provision as to Marin county seems to have been superseded by "An Act to amend an act entitled An Act changing the terms of the county court and probate court in the county of Marin, approved February 9, 1866," approved March 31, 1876; 1875-6, 594; given ante, 10,088.] In the county of Mariposa, on the first Monday of January, March, May, July, September, and November; In the county of Mendocino, on the first Monday of March, June, September, and December; In the county of Merced, on the first Monday of January, March, May, July, September, and November; [The above provision as to Merced county was superseded by "An Act to fix the terms of the county and probate court in the county of Merced," approved March 11, 1876; 1875-6, 215; given ante, 10,088.] [In the county of Modoc, the terms of the probate court were originally fixed by section 4 of the act creating the county, ante, 3919. That provision was superseded by "An Act to fix the terms of the county and probate courts in and for the county of Modoc," approved March 9, 1876; 1875-6, 171; given ante, 10,088.] In the county of Mono, on the first Monday of January, May, and September; In the county of Monterey, on the first Monday of each month; In the county of Napa, on the first Monday of March, September, and December, and third Monday of June; In the county of Nevada, on the first Monday of each month; [See also provision for holding the probate court, in certain cases, at the town of Truckee, in "An Act regulating proceedings in courts of record of Nevada county in certain cases, approved March 30, 1872; 1871-2, 700; given ante, 10,071.] In the county of Placer, on the first Monday of January, March, May, July, September, and November; In the county of Plumas, on the first Monday of March, June, September, and December; In the county of Sacramento, on the first Monday of January, April, July, and October; [An Act of March 18, 1874, 1873-4, 428, supplementary to the act of February 12, 1874; 1873-4, 95; creating the county of San Benito, provided that the terms of the probate court in that county should be held on the first Monday in every month.] In the county of San Bernardino, on the fourth Monday of each month; Ameves 27 10 57% In the county of San Francisco, on the first Monday of each month; In the county of San Joaquin, on the first Monday of January, March, May, July, September, and November; In the county of San Luis Obispo, on the first Monday of March, June, September, and December; [The above provision as to San Luis Obispo county was superseded by "An Act to fix the terms of the county and probate courts in and for the county of San Luis Obispo," approved January 25, 1872; 1871-2, 35; given ante, 10,088.] In the county of San Mateo, on the first Monday of February and June, and last Monday of September; [The above provision as to San Mateo county was superseded by "An Act to fix the terms of the several courts of record in the county of San Mateo," approved February 13, 1872; 1871-2, 95; given ante, 10,069.] In the county of Santa Barbara, on the first Monday of March, June, September, and December; In the county of Santa Clara, on the first Monday of each month; In the county of Santa Cruz, on the first Monday of January, March, May, July, September, and November; In the county of Shasta, on the first Monday of February, April, June, August, October, and December; In the county of Sierra, on the first Monday of each month; In the county of Siskiyou, on the first Monday of January, March, May, July, September, and November; [The above provision as to Siskiyou was superseded by "An Act fixing the time and places of holding the district and county courts in and for the county of Siskiyou," approved March 26, 1872; 1871-2, 561; given ante, 10,066.] In the county of Solano, on the third Monday of April, August, and December; [The above provision as to Solano county was superseded by "An Act to fix the terms of the county and probate courts in and for the county of Solano," approved March 31, 1876; 1875-6, 649; given ante, 10,088.] In the county of Sonoma, on the first Monday of each month; In the county of Stanislaus, on the first Monday of January, March, May, July, September, and November; In the county of Sutter, on the first Monday of each month; In the county of Tehama, on the first Monday of January, March, May, July, September, and November; In the county of Trinity, on the first Monday of January, March, May, July, September, and November; In the county of Tulare, on the first Monday of January, March, May, July, September, and November; In the county of Tuolumne, on the fourth Monday of each month; [For terms of probate court in Ventura county, see section 4 of act creating that county, ante, 3946.] In the county of Yolo, on the first Monday of January, April, July, and October; In the county of Yuba, on the first Monday of each month. 10,100. Terms, where held. SEC. 100. The terms of the probate court must be held at the county seats. [Each regular term of the probate court, either with or without intermediate adjournment, continues to the commencement of the next term. See act of March 1, 1872; 1871-2, 182; ante, 10,088.] 10,104-10,110 CODE OF CIVIL PROCEDURE. CHAPTER VII. OF THE MUNICIPAL CRIMINAL COURT OF SAN FRANCISCO. 10,104. This court continued. SEC. 104. The court known as "The Municipal Criminal Court of San Francisco," is hereby continued, with the jurisdiction conferred by this chapter. 10,105. Judge, election and term. SEC. 105. The judge thereof is elected by the electors of the city and county of San Francisco, and holds his office for the term of four years from the first day of January next succeeding his election. 10,106. Jurisdiction. SEC. 106. Its jurisdiction extends to the trial of all indictments transmitted to it for trial by the county court of the city and county of San Francisco. 10,107. Presumptions in favor of its judgments. SEC. 107. The proceedings of this court are construed in the same manner and with like intendments as the proceedings of courts of general jurisdiction, and to its records, orders and judgments there is accorded like force, effect and legal presumptions, as to the records, orders, judgment and decrees of the district court. 10,108. Terms of court. SEC. 108. There must be six terms of this court held in each year, commencing on the first Monday of January, March, May, July, September and November. 10,109. Where held. SEC. 109. This court must be held at such place in the city and county of San Francisco as may be fixed by the board of supervisors. 10,110. Officers and salaries. SEC. 110. The provisions of sections 8, 9, 15 and 16, of an act to establish a municipal criminal court in the city and county of San Francisco, approved March thirty-first, eighteen hundred and seventy, are continued in force. [The sections referred to of the act of March 31, 1870, continued in force by the foregoing section, are as follows:] Clerk of municipal criminal court. SEC. 8. The county clerk of the city and county of San Francisco shall be exofficio clerk of the municipal criminal court, and he is hereby authorized to appoint one deputy to act as court-room clerk of said court, who shall receive a salary of two hundred dollars per month, and one deputy to act as office clerk of said court, who shall receive a salary of one hundred and twenty-five dollars per month, and such salaries shall be paid in the same manner as the salaries of the other deputies of said county clerk. Sheriff-Bailiff. SEC. 9. The sheriff of the city and county of San Francisco shall be the sheriff of the said municipal criminal court, and shall execute, either in person or by deputy, such of the process of said court as may be required to be executed by a sheriff, and shall be amenable to said court by proceedings, as for contempt, on his failure to execute such process. And said sheriff is hereby authorized to appoint a deputy, in addition to those now appointed by him, who shall act as bailiff or deputy sheriff of said court, and who shall receive a salary of one hundred and fifty dollars per month, to be paid in the same manner as the salaries of the other deputies of said sheriff are paid. Salary of judge. Amunt 21 & 37 SEC. 15, The judge of said municipal criminal court shall receive a salary of five thousand dollars per annum, payable in equal monthly installments, out of the same fund, and in the same manner, as the salary of the judge of the county court of the city and county of San Francisco is now paid. Assistant district attorney. SEC. 16. The district attorney in and for the said city and county may, by written certificate, signed by himself, appoint an assistant district attorney, and at his pleasure remove him; who, during the time he is acting as such assistant, shall be entitled to receive a salary of three hundred dollars a month, payable as the salary of the district attorney is now made payable by the law. It shall be the duty of such assistant district attorney to assist the district attorney in the performance of any official duty enjoined upon the latter by law, and to do and perform such other duties in the prosecution of criminal actions in the court herein established, in any of the courts of said city and county, as the said district attorney may order or direct. An Act granting power to the judge of the municipal criminal court of the city and county of San Francisco to call in a county judge to preside, under certain circumstances. Approved February 25, 1876; 1875-6, 71. When county judge may preside. SECTION 1. The judge of the municipal criminal court of the city and county of San Francisco is hereby authorized and empowered, in the event of his inability, from sickness, or other just and legal cause, to serve, to call in the county judge of said county to preside in his stead. Should said county judge, from any cause, be unable to preside, then the judge of the municipal criminal court shall designate a county judge of a neighboring county to so preside. The county judge so designated and serving instead of the municipal judge shall perform any and all of the duties, hear, try, adjudicate, and determine all causes and matters as are authorized and permitted to said judge of the municipal criminal court. SEC. 2. This act shall take effect immediately after its passage. An Act to create a city criminal court in and for the city and county of San Francisco, to define its powers and jurisdiction. Approved April 3, 1876; 1875-6, 829. Jurisdiction of city criminal court. SECTION 1. There is hereby created and established, in and for the city and county of San Francisco, a court to be known and designated as the city criminal court, which court shall have concurrent jurisdiction of all preliminary examinations of person's charged with felony in said city and county of San Francisco. Cases to be assigned to city criminal court. SEC. 2. Whenever any person, who is charged with misdemeanor in the police judge's court of the city and county of San Francisco, shall demand a jury trial, the case shall be assigned and certified for trial to the city criminal court; and all persons indicted by the grand jury of said city and county of San Francisco for misdemeanor, shall be tried for said offense in the city criminal court. The mode of examination, trial, and procedure, in the city criminal court, shall in all cases be governed by the same rules prescribed by law for other courts in similar cases. Judge. SEC. 3. A judge of the city criminal court shall be elected at the judicial election to be held in eighteen hundred and seventy-seven, and every four |