years thereafter, whose term of office shall be four years. The governor of the State of California shall, within thirty days after the passage of this act, appoint some suitable person as judge of the city criminal court, who shall hold such office until his successor shall have been elected and qualified. The compensation of the judge of the city criminal court shall be four thousand dollars per annum, payable in the same manner as the salary of the police judge of said city and county is now paid.

Sessions-Prosecuting attorney-Clerk.

1

SEC. 4. The city criminal court shall hold its session in the city and county of San Francisco, in such central or convenient place as shall be provided for that purpose by the board of supervisors of said city and county. The said board of supervisors shall also, within thirty days after the passage of this act, elect some suitable person as prosecuting attorney of the city criminal court, at a salary of two thousand four hundred dollars per annum, and shall elect a clerk for said court, at a salary of eighteen hundred dollars per annum, payable in the same manner as the salaries of the judge and clerk of the police judge's court of said city and county are now paid.

Judge a magistrate.

SEC. 5. The judge of the city criminal court shall be a conservator of the peace in said city and county of San Francisco, and may exercise all the powers conferred by law upon the police judge as magistrate.

Bailiff.

SEC. 6. The chief of police shall assign a police officer to act as bailiff of said city criminal court, who shall receive no extra compensation for such services. Police commissioners.

SEC. 7. The judge of the city criminal court and the county judge of said city and county of San Francisco, are hereby made ex officio police commissioners of said city and county, with the same powers and duties as are now exercised by the other members of said board of police commissioners, which board shall, from and after the passage of this act, consist of the mayor, police judge, chief of police, the judge of the city criminal court, and the county judge of said city and county of San Francisco. No compensation shall be paid to or received by said officers as police commissioners,

SEC. 8. This act shall take effect from and after its passage.

[An act was approved March 8, 1876; 1875-6, 153, empowering the police judge, county judge and mayor of the city and county of San Francisco, to appoint an additional interpreter for the criminal courts of said city and county, of the Portuguese, Italian, and Sclavonian languages, at a salary not exceeding $125 per month.]

CHAPTER VIII.

OF JUSTICES' COURTS.

10,112. Justices of the peace must hold.

SEC. 112. Every justice of the peace must hold a justice's court in the town or city in which he is elected.

[Attention may here be called to an amendatory act of March 30, 1872; 1871-2, 758, as to the organization and regulation of the justices' court in the city and county of San Francisco.]

10,113. Justices, election and term.

SEC. 113. Justices of the peace are elected by the electors of their respective townships or cities, at the judicial elections, and hold their offices for two years from the first day of January next following their election.

COURTS AND JUDICIAL OFFICERS.

10,114. Civil jurisdiction.

10,114-10,117

SEC. 114. The civil jurisdiction of these courts within their respective townships or cities extends:

1. To an action arising on contract, for the recovery of money only, if the sum claimed, exclusive of interest, does not amount to three hundred dollars; 2. To an action for damages for injury to the person, or for taking or detaining personal property, or for injuring personal property, or for an injury to real property, where no issue is raised by the answer involving the plaintiff's title, or possession of the same, if the damages claimed do not amount to three hundred dollars;

3. To an action for a fine, penalty, or forfeiture, not amounting to three hundred dollars, given by statute or the ordinance of an incorporated city or town;

4. To an action upon a bond or undertaking conditioned for the payment of money, not amounting to three 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. To an action to recover the possession of personal property, when the value of such property does not amount to three hundred dollars.

10,115. Civil jurisdiction restricted.

SEC. 115. The jurisdiction conferred by the last section shall not extend, however:

1. To a civil action in which the title or possession of real property is put in issue;

2. Nor to an action or proceeding against ships, vessels, or boats, 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. [Amendment, approved February 28, 1874; Amendments 1873-4, 399; took effect from passage,(^)

10,116. Territorial extent of civil jurisdiction.

SEC. 116. The civil jurisdiction of justices' courts, within an incorporated city, extends to the limits of such city, or township in which the city is situated. Mesne and final process of justice's courts may be issued to any part of the county in which they are held.

10,117. Criminal jurisdiction, justices' courts.

SEC. 117. These courts have jurisdiction of the following public offenses committed within the respective counties in which such courts are established: 1. Petit larceny;

2. Assault and battery, or either, not charged to have been committed upon a public officer in the discharge of his duties, or to have been committed with such intent as to render the offense a felony;

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. [Amendment, approved March 11, 1876; Amendments 1875-6, 85; took effect from and after June 1, 1876.(b)

(a) The original section, in the second subdivision, between "boats" and "when," had the words "or against the owners or masters thereof."

(b) The original section in the second subdivision did not have the words "or to have been committed with such intent as to render the offense a felony." In the third subdivision, instead of "five hundred," it

had "one thousand," and instead of "six months" it had "one year."

It was previously amended, by act of March 24, 1874; Amendments 1878-4, 283, so as to read like the amendment in the text, except that instead of "counties" it had the words "townships or cities."

10,118. Courts, where held and when open.

SEC. 118. These courts may be held at any place selected by the justice holding the same, in the township or city for which he is elected, and they are always open for the transaction of business.

10,119. Justices' courts of San Francisco.

SEC. 119. Nothing in this code shall be construed to affect the provisions of an act entitled "An Act to organize and regulate the justices' court in the city and county of San Francisco," approved March twenty-sixth, eighteen hundred and sixty-six, or of any act amending or supplementing said act; but the said act and all acts amendatory thereof, or supplementary thereto, are continued in force. [New section, approved March 24, 1874; Amendments 1873-4, 283; took effect July 1, 1874.

CHAPTER IX.

OF POLICE COURTS.

10,121. Organization, etc., provided for in Political Code.

SEC. 121. Police courts are established in incorporated cities and towns, and their organization, jurisdiction, and powers provided for in the Political Code, Part IV. [See ante, 4424.]

IV. PROCEEDINGS WHEN JUDGES DO NOT ATTEND TO HOLD A COURT..

VI. SEALS OF THE COURTS OF JUSTICE..

V. PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS OF
JUSTICE.......

10,139

10,142 10,147

ARTICLE I.

PUBLICITY OF THE PROCEEDINGS OF THE COURTS OF JUSTICE.

10,124. Sittings public.

SEC. 124. The sittings of every court of justice are public, except as provided in the next section.

10,125. Sittings of court, when may be private.

SEC. 125. In an action for divorce, criminal conversation, seduction or breach of promise of marriage, the court may direct the trial of any issue of fact joined therein to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel. [Amendment, approved March 24, 1874; Amendments 1873-4, 284; took effect July 1, 1874.(a)

ARTICLE II.

INCIDENTAL POWERS AND DUTIES OF COURTS.

10,128. Powers of court respecting the conduct of judicial proceedings.

SEC. 128. Every court has 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 provide for the orderly conduct of proceedings before it or its officers;

(a) The original section did not have the words "criminal conversation, seduction or breach of promise of marriage."

COURTS AND JUDICIAL OFFICERS.

10,128-10,140

4. To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court in an action or proceeding pending therein;

5. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;

6. To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code;

7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties; 8. To amend and control its process and orders, so as to make them conformable to law and justice.

10,129. Courts of record may make rules.

SEC. 129. Every court of record may make rules, not inconsistent with the laws of this state, for its own government and the government of its officers; but such rules must neither impose a tax or charge upon any legal proceeding nor give an allowance to any officer for services.

10,130. When rules take effect.

SEC. 130. The rules adopted by the supreme court take effect sixty days, and those adopted by other courts, thirty days, after their publication.

ARTICLE III.

JUDICIAL DAYS.

10,133. Days on which courts, etc., may be held.

SEC. 133. The courts of justice may be held, and judicial business may be transacted, on any day except as provided in the next section.

10,134. Days on which courts shall not be opened.

SEC. 134. No court can be opened, nor can any judicial business be transacted, on Sunday, on the first day of January, on the fourth of July, on Christmas or Thanksgiving day, or on a day on which the general or the judicial election is held, except for the following purposes:

1. To give, upon their request, instructions to a jury when 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.

10,135. Court appointed, etc., for those days, deemed for next day.

SEC. 135. If any of the days mentioned in the last section happen to be the day appointed for the holding of a court, or to which it is adjourned, it is deemed appointed for or adjourned to the next day.

ARTICLE IV.

PROCEEDINGS WHEN JUDGES DO NOT ATTEND TO HOLD A COURT.

10,139. Adjournment of court for absence of judge.

SEC. 139. If no judge attend on the day appointed for holding the court, or on the day to which it may have been adjourned, before noon, the sheriff or clerk must adjourn the court until the next day at ten o'clock; and if no judge attend on that day, before noon, the sheriff or clerk must adjourn the court until the following day, and so on, from day to day, for one week. 10,140. Same.

SEC. 140. If no judge attend for one week, the sheriff or clerk must adjourn the court for the term, unless the judge, by written order, directs it to be

10,140-10,149

CODE OF CIVIL PROCEDURE.

adjourned to some day certain, fixed in such order; in which case they must so adjourn it.

ARTICLE V.

PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS OF JUSTICE.

10,142. Judge may, in certain cases, change place of holding court.

SEC. 142. A judge authorized to hold or preside at a court appointed to be held in a county, city, or town, may, by an order filed with the county clerk, and published as he may prescribe, direct that the court be held or continued at any other place in the city, town, or county than that appointed, when war, insurrection, 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, town, or county, for holding the court.

10,143. Parties to appear at place appointed.

SEC. 143. When the court is held at a place appointed, as provided in the last section, every person held to appear at the court must appear at the place so appointed.

10,144. Rooms, etc., when judge may order.

SEC. 144. If suitable rooms for holding the district courts, county courts and probate courts, and the chambers of the judges of such courts, be not provided in any county by the supervisors thereof, together with attendants, furniture, fuel, lights and stationery sufficient for the transaction of business, the courts may direct the sheriff of such county to provide such rooms, attendants, furniture, fuel, lights and stationery, and the expenses thereof are a charge against such county.

ARTICLE VI.

SEALS OF THE COURTS OF JUSTICE.

10,147. What courts have seals.

SEC. 147. Each of the following courts has a seal:

1. The supreme court;

2. The district courts;

3. The county courts;

4. The probate courts;

5. The municipal criminal court of the city and county of San Francisco; 6. The police court of the city and county of San Francisco.

10,148. Present seals to continue.

SEC. 148. The seal now used by the supreme court shall be the seal of that court; and where seals have been provided for the district, county and probate courts, municipal criminal, and the police court of the city and county of San Francisco, such seals shall continue to be used as the seals of those courts. 10,149. Seals for courts not now provided with.

SEC. 149. The several district, county and 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." (In

serting the name of the county.)

2. For the county courts: "County Court,

County, California." (In

serting the name of the county.)