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$ 21. Appellate jurisdiction.
[1854.] The appellate jurisdiction of these Courts shall extend to hearing upon appeal:
1st. A judgment of a Court of Sessions in a criminal action;
2d. A judgment of a Court of Sessions, rendered on appeal from Justices’, Mayors’, or Recorders' Courts, in a criminal action;
3d. An order or judgment of a Probate Court, in the cases prescribed by statute.
See ante, \ 318.
$ 22. May issue writs necessary to the proper exercise of their powers.
These Courts, and the Judges thereof, shall have power to issue all writs necessary or proper to the complete exercise of the power conferred upon them by the Constitution, and by this and other statutes.
$ 23. Place of holding District Courts.
The terms shall be held at the county seats of the several counties; if a room for holding the Court be not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the Court may direct the Sheriff to provide such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge.
§ 24. Duration of their terms.
The terms shall be held until the business of the term is fully disposed of, or until the day fixed for the commencement of some other term in the district, and may be adjourned from time to time, in the discretion of the Court.
§ 25. District Judges shall transact business at chambers.
[1858, 1862.) The District Judges shall, at all reasonable times, when not engaged in holding Courts, transact such business at chambers as may be done out of Court. At chambers they may try and determine writs of mandamus, certiorari, quo warranto, hear and dispose of motions for new trials, and for all applications for orders and writs which are usually granted, in the first instance, upon ex parte application, and may also, in their discretion, hear and [determine) deliver applications to discharge such orders and writs; they may also hear and determine application for writs of assistance, at chambers.
§ 26. Transfer of cases from the District to the County Court.
[1854.) Whenever an action or proceeding is commenced in a District Court, in which a County Court has concurrent jurisdiction, the District Court may, if the parties consent, by order, transfer the same to the County Court of the same county; upon such transference, the County Court shall have and exercise over such action or proceeding the same jurisdiction as if originally commenced therein.
$ 27. Temporary disability of the District Judge, who may hold terms during
A District judge may hold a term in any Judicial District in this State, upon the request of the Judge of the District in which such term is to be held; and when, by reason of sickness or absence from the State, or from any other cause, a term cannot be held in a district by the Judge thereof, a certificate of that fact shall be transmitted by the Clerk to the Governor, who shall thereupon direct some other District Judge to hold such term. It shall be the duty of the Judge thus directed to hold such term.
$ 28. District Courts may make rules for their government.
Each District Court shall have power to make rules, not inconsistent with the Constitution and laws of this State, for its own government and the government of its officers, but such rules shall not be in force until thirty days after their adoption and publication, and no rule shall be made imposing any tax or charge upon any legal proceeding, or making an allowance to any officer for services.
CHAPTER IV.—The Superior Court of the City of San Francisco.
[Sections twenty-nine to thirty-nine, inclusive, organizing the Superior Court of the City of San Francisco, were repealed by an Act passed March 30th, 1857.]
See Statutes of 1857, 128.
1. The late Superior Court of San Francisco had no jurisdiction of a suit affecting real estate situated outside the city limits. If this point arose on the complaint, it would be fatal. And probably, if the fact that the property was beyond the city appeared anywhere in the record, it would be fatal. Watts v. White, 13 Cal. 321.
2. The Superior Court of San Francisco had jurisdiction of a suit to settle the accounts of a partnership formed for the purchase of mining claims, where both parties resided in said city; but could not by its decree affect the title to, or any interest in, the claims themselves. Id.
3. The late Superior Court had power to send a summons for service out of the City of San Francisco. Chipman v. Bowman, 14 Cal. 157.
CHAPTER V.—The County Courts.
41. County Judge, election and qualification.
§ 10. A County Court shall be in each county.
There shall be in each of the counties of this State a County Court, with the jurisdiction conferred by this chapter.
§ 41. County Judge, election and qualification.
The County Judge of each county shall be the Judge of the County Court. The County Judge of each county shall, except in the cases otherwise provided by special statutes, be chosen by the electors of the county, at the general election in the year one thousand eight hundred and fifty-three, and every four years thereafter, and shall enter upon the duties of his office on the first Monday of April subsequent to his election. Before entering upon his duties he shall take the constitutional oath of office.
1. It is not competent for the Legislature to change the period of the tenure of the office of the Judges of County Courts, any more than to change those of Supreme and District Judges. People v. Templeton, 12 Cal. 401; People v. Rosborough, 14 Cal. 187.
§ 42. Vacancy, how filled. In case of a vacancy in the office of County Judge, the vacancy shall be filled by appointment from the Governor until the next general election, when a County Judge shall be chosen for the unexpired term of the preceding Judge, and until the new Judge elected be qualified.
1. An election which was ordered by the Board of Supervisors to fill a vacaorg in the office of County Judge, without proclamation of the Governor, is invalid, and the office being vacant, can be properly filled by appointment of the Governor. People v. Porter, 6 Cal. 28 ; People v. Martin, 12 Cal. 411.
2. The appointee of the Governor to the office of County Judge will hold over a person elected to the same office at a special election ordered by the Board of Supervisors of the county. People v. Martin, 12 Cal. 411.
§ 43. Appellate jurisdiction of County Courts.
The County Court shall have jurisdiction to hear and determine all civil causes appealed thereto from a Justice's, Mayor's, or Recorder's Court, in the county.
1. The County Court has the sole appellate jurisdiction, in all cases, civil and criminal, arising in Justices' Courts, subject to such restrictions as the Legislature may impose by making the decisions of the Justice final in such cases as may be determined by law. People v. Fowler, 9 Cal. 88.
2. The County Court on appeal should proceed to try the case on its merits anew, and not dismiss the same if defendant had no notice of trial in the Justice's Court. Colye v. Baldwin, 5 Cal. 75.
§ 44. Original jurisdiction. The County Court shall have original civil jurisdiction : 1st. Of an action to enforce the lien of mechanics and others; 2d. Of an action to prevent or abate a nuisance;
3d. Of all proceedings against ships, vessel 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;
4th. Of proceedings in cases of insolvency. 1. An act conferring jurisdiction on the County Courts, in actions for which Courts of general jurisdiction have always supplied a remedy, as “special cases," is unconstitutional and void. Parsons v. Tuolumne W. Co., 5 Cal. 44.
2. Where parties stipulate to arbitrate, and that the award be entered as a jndgment of the County Court: Held, that it was void in toto, if it exceeded two hondred dollars, as the Court had no jurisdiction. Williams v. Walton, 9 Cal. 145.
3. A County Court has no jurisdiction to enforce a mechanic's lieu, when the amount in controversy exceeds two hundred dollars. Brock v. Bruce, 5 Cal. 280).
4. The District Courts have constitutional jurisdiction of cases of nuisance. The grant of such to the County Court by statute, cannot take away the constitutional jurisdiction of the District Court. "Fitzgerald v. Urton, 4 Cal. 238.
5. In conferring the jurisdiction of actions to prevent or abate nuisances upon the County Courts, the Legislature exceeded its constitutional authority, and the portion of the act which contained it is invalid. Parsons v. Tuolumne W. Co., 5 Cal. 43.
6. The Legislature, in conferring jurisdiction in insolvency cases upon both the District and the County Courts, acted in the exercise of a legitimate power, and the Courts have concurrent jurisdietion. Harper v. Freelon, 6 Cal. 76.
$ 45. Additional powers.
The County Court and the Judge thereof shall have power, at chambers, to try and determine writs of mandamus, certiorari and quo warranto, and to issue all writs necessary or proper to the complete exercise of the powers conferred upon it by this and other statutes.
$ 46. Terms of County Court.
This Court shall hold a term on the first Monday of January, March, May, July, September and November, of each year, which shall continue until all the business of the Court be disposed of.
§ 47. Place of holding Court.
If a room for holding the Court be not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the Court may direct the Sheriff to procure such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge.
CHAPTER VI.—The Courts of Sessions.
SEC. 48. A Court of Sessions shall be in each county.
49. Constitution of the Court.
the District Court.
and jurisdiction. 56. Jurisdiction of bays, streams, etc., which separate two
counties. 57. Preservation of papers relating to business of the