58. Record of county business shall be kept distinct. 60. Place of holding the Court. § 48. A Court of Sessions shall be in each county. There shall be in each of the counties of this State, a Court denominated a Court of Sessions, with the jurisdiction conferred by this chapter. § 49. Constitution of the Court. The Court of Sessions of each county shall be composed of the County Judge, who shall be the presiding Judge thereof, and two Justices of the Peace of the County, as Associate Justices. 1. The County Judge and two Associate Justices compose the Court of Sessions, and the presence of all three is necessary to the transaction of any business. People v. Ah Chung, 5 Cal. 105; People v. Barbour, 9 Cal. 234. 2. It is irregular for one of the Justices composing the Court of Sessions on a criminal trial to retire before the termination of the trial, and another Justice, not present during the previous stages of it, to come in and participate in the proceedings. The members of the Court who act as such when the case is developed, should continue to act until the close. Whether such irregularity is sufficient to reverse a conviction otherwise regular, is not here decided; but the practice is dangerous and disapproved of. People v. Eckert, 16 Cal. 113. § 50. Election of Associate Justices. The Associate Justices of the Court of Sessions shall be chosen by the Justices of the Peace of the county. The County Judge shall convene, at the County Seat, on the first Monday of the month subsequent to the general election in each year, the persons elected as Justices of the Peace of the county at said preceding general election, and they, after being qualified and filing their respective bonds as such Justices, as required by law, shall elect, by ballot, two of their number as Associate Justices of the Court of Sessions. The County Judge shall preside over the convention, and the County Clerk shall be its Clerk. A majority of the persons who have qualified and filed their bonds as Justices of the Peace of the county, shall form a quorum for the purpose of the election. A minute of the proceedings of the convention shall be entered in the records of the Courts of Sessions. A certificate of election shall be given by the County Judge and Clerk, under the seal of the Court of Sessions, to the two persons who receive a majority of all the votes cast. Should there be no election for Associate Justices held at the time above prescribed, the County Judge shall at any time be authorized to call an election for such purpose, by giving ten days' notice thereof. 1. On an election by Justices of the Peace for Associate Justices of the Court of Sessions, the County Judge and Clerk are ex officio officers of this convention; but they have no authority other than that of presiding over and recording its proceedings, and the dissolution of the convention by the County Judge is illegal. People v. Campbell, 2 Cal. 137. 2. When the Justices of the Peace fail to elect from their number Associate Justices of the Court of Sessions, on the first Monday in October, the County Judge may appoint Associates for the term; but the Justices may convene at a subsequent time and elect Associates. Id. 3. Where the Convention of Justices of the Peace for electing two Associate Justices of the Court of Sessions was presided over by the acting County Judge, his official acts at such convention were legal and valid-although it was afterwards determined that another person had been legally elected to that office; and a Court of Sessions composed of said other person as County Judge and of the two Associates elected by such convention, was legally organized. People v. Wyman, 15 Cal. 74. § 51. Vacancy in the office of Associate Justices, how filled. If the Justices of the Court of Sessions, or either of them, be absent at a term of a Court of Sessions, or the office of those Justices, or either of them, be vacant, the County Judge shall supply the vacancy or deficiency for the term, by designating the requisite number to form the Court from the Justices of the Peace of the County. § 52. Jurisdiction of the Court of Sessions. [1854, 1860.] The Courts of Sessions shall have jurisdiction: 1st. To inquire, by the intervention of a Grand Jury, of all public offenses committed or triable in their respective counties; 2d. To try and determine all indictments found therein, for all public offenses, except murder, manslaughter, fighting a duel and killing or wounding any person therein, and arson; 3d. To hear and determine appeals from Justices', Mayors' and Recorders' Courts, in cases of a criminal nature. 1. The Court of Sessions has no appellate jurisdiction in either civil or criminal Its jurisdiction is only original. People v. Fowler, 9 Cal. 97. cases. § 53. Indictments for certain offenses shall be transmitted to the District Court. [1854, 1860.] When an indictment is found in the Court of Sessions for murder, manslaughter, fighting a duel and killing or wounding any person therein, or arson, it shall be transmitted by the Clerk to the District Court sitting in the county for trial; except when the indictment is found against a person holding the office of District Judge, when it shall be transmitted to the District Court of such other district as the Court of Sessions may direct. 1. The Legislature possessed the undoubted right to transfer the criminal basiness of the Court of Sessions to the District Court. People v. Gilmore, 5 Cal. 380. § 54. Indictments shall also be transferred for cause. [1854.] Indictments found in the Court of Sessions shall be transmitted to the District Court sitting in the county, for trial in the following cases: 1st. Whenever a Judge or Justice of the Court of Sessions is by law disqualified from hearing or trying the same; 2d. Indictments found against a member of the Court of Sessions, or any Justice of the Peace of the county. § 55. Additional powers and jurisdiction. The Court of Sessions, except in the counties in which a Board of Supervisors is established, shall also have power and jurisdiction in its county: 1st. To make orders respecting the property of the county, in conformity with any law of this State, and to take care of and preserve such property; 2d. To examine, settle and allow all accounts legally chargeable against the county, and to direct the levying such per centage on the assessed value of real and personal property in the county as may be authorized by law; 3d. To examine and audit the accounts of all officers having the care, management, collection and disbursement of any money belonging to the county, or appropriated by law or otherwise for its use and benefit; 4th. To control and manage public roads, turnpikes, ferries, canals and bridges within the county, where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect; 5th. To divide the county into townships, and to create new townships, and to change the divisions of the same, as the convenience of the county may require; 6th. To establish and change election precincts; 7th. To control and manage the property, real and personal, belonging to the county, and to receive by donation any property for the use and benefit of the county; 8th. To purchase any real and personal property necessary for the use of the county; provided, the value of such real property be previously estimated by three disinterested persons, to be appointed for that purpose by the District Court of the county; 9th. To sell and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same; 10th. To cause to be erected and furnished a court-house, jail, and such other public buildings as may be necessary, and the same to be kept in repair; provided, that the erection of such courthouse, jail, and other public buildings be let out, after one month's previous publication, in each case, of a readiness to receive proposals therefor, to the lowest bidder, who will give good and sufficient security for the completion of any contract which may be made respecting the same; 11th. To ascertain and determine with a jury, or by consent of parties without a jury, the just compensation to be made to the owners of private property taken for public use; 12th. To do and perform all such other acts and things as may be requisite and necessary to the full discharge of the powers and jurisdiction conferred on the Court. 1. All other than judicial functions conferred upon the Courts of Sessions or its officers, are unconstitutional and void. Burgoyne v. Supervisors of San Francisco County, 5 Cal. 20; Phelan v. Supervisors of San Francisco County, 6 Id. 540; Hardenburgh v. Kidd, 10 Id. 403. 2. The powers conferred on the Court of Sessions by this section were conferred on the Boards of Supervisors of the several counties by Act of the Legislature, passed March 20th, 1855. § 56. Jurisdiction of bays, streams, etc., which separate two counties. When any bay, river, stream, creek or slough separates two counties, the Court of Sessions of the county lying on the left bank descending such bay, river, stream, creek or slough, shall have the jurisdiction of the same, so far as the control and management of bridges and ferries are concerned, but all sums paid for licenses to construct any bridges, or to run any ferries over such river, stream, creek, or slough, shall be divided equally between the two counties. § 57. Preservation of papers relating to business of the county. All accounts, vouchers, papers, petitions and documents relating to the business or property of the county, shall be appropriately arranged under their several heads, filed in the office of the County Clerk, and preserved separate from the papers and documents of the Court, as a Court having criminal jurisdiction. § 58. Records of county business shall be kept distinct. The orders, judgments and proceedings of the Court, when sitting for the transaction of county business, shall be entered by the Clerk in separate books to be kept for that purpose. § 59. Terms of the Court of Sessions. [1854, 1855.] A term of the Court of Sessions shall be held at the county seat in each county on the first Monday of February, April, June, August, October and December of each year, excepting the Court of Sessions in and for the county of Calaveras shall be held on the second Monday of January, March, May, July, September and November, and excepting also the county of Placer, where the terms of said Court shall be held on the second Monday of February, May, August and November in each year, and shall continue until the commencement of the next term, unless all the business of the Court be sooner disposed of. Special terms of the Court may also be held whenever, in the opinion of the County Judge, the public interests require the same. 1. An indictment for grand larceny found at a special term of the Court of Sessions is valid. Under the statute authorizing that Court to hold special terms in certain cases, the Court, when specially called, has the same powers as at a regular term. People v. Carabin, 14 Cal 439. § 60. Place of holding the Court. Until a court-house be erected for the county, this Court may direct the Sheriff to furnish a suitable room for holding the Court, and the expenses thereof shall be a county charge. This Court may, also, at any time, direct the Sheriff to furnish attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, and the expenses thereof shall be a county charge. |