« PředchozíPokračovat »
may hereafter be established, in any incorporated city of this state, shall have jurisdiction:
1st. Of an action or proceeding for the violation of any ordinance of their respective cities;
2d. Of an action or proceeding to prevent or abate a nuisance within the limit of their respective cities;
3d. Of proceedings respecting vagrants and disorderly persons.
§ 73. Also of certain offenses.
The Recorders' Courts already established, or which may hereafter be established, shall also have jurisdiction of the following public offenses committed in their respective cities:
1st. Petit larceny;
2d. Assault and battery, not charged to have been committed upon a public officer, in the execution of his duties, or with intent to kill:
3d. 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 three months, or by both such fine and imprisonment.
§ 74. Judge of Recorder's Court. Place of holding the Court.
A Recorder's Court shall be held by a Judge, who shall be designated as the “Recorder of the city;” and said Court shall be
and jurisdiction in all cases, as are or hereafter may be, conferred by law upon Recorders Courts, and in all criminal cases, in addition thereto, the powers and jurisdiction of a Jus tice of the Peace; also, jurisdiction of every offense or act which, by common law, is declared to be a misdemeanor, (and for which no punishment is specially prescribed by law) with power to punish by imprisonment in the county jail or city prison, not exceeding six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment; and he shall also have jurisdiction to try and punish all offenses committed against the rules and regulations established by the Board of Supervisors, in pursuance of the authority granted by this Act, except where it is otherwise provided, and may commit, or hold the offender to jail for trial in the proper Court, or may try, condemn, or acquit, and carry his judgment into execution, as the case may require according to law; and shall have power to issue warrants of arrest, subpoenas, and all other process necessary to the full and proper exercise of his powers and jurisdiction. All fines imposed by the Police Judge, not exceeding twenty dollars, exclusive of costs, shall be final and without appeal; his Court shall be a Court of Record; a Clerk shall be appointed theretor by the Board of Supervisors, with a salary of twelve hundred dollars a year, (increased to two hundred dollars per month; statutes 162, p. 479) who shall give bond as required by law, and hold his office during the pleasure of said Board.
SECTION 20. Proceedings in the Police Judge's Court shall be conducted in conformity with the laws regulating proceedings in the Recorder's Court. The said Court shall be open daily, Sundays excepted, and may be held by any Justice of the Peace of the city and county, in case of the temporary absence of the Police Judge, or his temporary disability to act from any cause. In case of a vacancy in the office of Police Judge, the Board of Supervisors shall have power to appoint any Justice of the Peace of the said city and county to fill the vacancy until the next election, when the office shall be filled by election for a full term.
held at such place in the city within which it is established, as the Government of such city may by ordinance direct.
$ 75. Election and qualification.
The Recorders shall be chosen by the electors of their respective cities, on a day to be fixed by the Government of such cities, and shall hold their offices for one year, unless a longer period be fixed in the Acts incorporating such cities, in which case, for such period fixed. Before entering upon their duties, they shall take the constitutional oath of office.
§ 76. Compensation of Recorders.
The Recorders shall receive a compensation to be fixed by the charter, or when not so fixed, by the Government of their respective cities, to be paid by such cities quarterly, in equal proportions. Such compensations shall not be increased or diminished during the period for which they are elected.
$ 77. Recorders shall be committing magistrates.
The Recorders shall possess the powers and exercise the duties of committing magistrates, in the criminal cases in which the Courts held by them have no jurisdiction by this Act; and as such magistrates, they may examine, commit or discharge, all persons brought before them, as the justice of the case may require.
$ 78. May issue all necessary process.
Recorders and Recorders' Courts may issue all process, writs and warrants, and may make any and all orders necessary and proper to the complete exercise of their powers.
$ 79. These Courts to be always open. .
There shall be no terms in Recorders' Courts. These Courts shall always be open.
CHAPTER X.-Mayors' Courts.
Sec. 80. Jurisdiction of Mayors' Courts.
81. Mayors shall be committing magistrates.
$ 80. Jurisdiction of Mayors' Courts.
The Mayors' Courts which are already established, or which may hereafter be established in any incorporated city of this State, shall have the same jurisdiction of actions and of public offenses committed in their respective cities, which is conferred by this Act upon Recorders' Courts.
$ 81. Mayors shall be committing magistrates.
The Mayors of incorporated cities, when authorized by law to hold a Court in their respective cities, shall possess the same powers as committing magistrates as are conferred by this Act upon Recorders of cities.
$ 82. May issue all necessary process.
The Mayors’ Courts, and the Mayors as the Judges of such Courts, may issue all process, writs and warrants, and may make any and all orders necessary and proper to the complete exercise of
CHAPTER XI.- General provisions respecting the Courts of Justice
and Judicial Officers.
COURTS OF RECORD: PUBLICITY OF THE PROCEEDINGS OF THE COURTS
AND THEIR INCIDENTAL POWERS.
Sec. 83. What shall be Courts of Record.
84. The sittings of Courts shall be public.
§ 83. What shall be Courts of Record.
The Supreme Court, the several District Courts, the Superior Court of the City of San Francisco, the several County Courts, the several Courts of Sessions, and the several Probate Courts of this State, shall be Courts of Record.
§ 84. The sittings of Courts shall be public.
The sittings of every Court of Justice shall be public, except as is provided in the next section.
§ 85. Except a trial of an action for divorce.
In an action for divorce, the Court may direct the trial of any issue of fact joined therein to be private; and upon such directions, all persons may be excluded except the officers of the Court, the parties, their witnesses and counsel.
$ 86. Certain powers inherent in all Courts. Every Court shall have power: 1st. To preserve and enforce order in its immediate presence;
; 2d. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;
3d. To compel obedience to its lawful judgments, orders and process, and to the lawful orders of its Judge out of Court, in an action or proceeding pending therein;
4th. To control in furtherance of Justice the conduct of its ministerial officers.
PARTICULAR DISQUALIFICATION OF JUDGES.
Sec. 87. When a Judge shall not act as such.
88. When he shall not act as an attorney.
Court may act as attorney.
91. Judges shall not absent themselves from the State. $ 87. When a Judge shall not act as such. A Judge shall not act as such in any of the following cases :
1st. In an action or proceeding to which he is a party, or in which he is interested;
2d. When he is related to either party by consanguinity or affinity, within the third degree;
3d. When he has been attorney or counsel for either party in the action or proceeding; but this section shall not apply to the arrangement of the calendar or the regulation of the order of business.
1. The exhibition hy a Judge of partisan feeling, or the unnecessary expression of an opinion upon the justice or merits of a controversy, although exceedingly indecorous, improper and reprehensible, as calculated to throw suspicion upon the judgment of the Court, and bring the administration of Justice into contempt, are not, under our statute, suficient to authorize a change of venue on the ground that the Judge is disqualified from sitting. McCauley v. Weller, 12 Cal. 523.
§ 88. When he shall not act as an attorney.
A Judge shall not act as attorney or counsel in a Court in which he is Judge, or in an action or proceeding removed therefrom to another Court for review, or in any action or proceeding from which an appeal may lie to his own Court.
$ 89. When a Judge of the Supreme Court or a District Court may act as attorney.
A Judge of the Supreme Court, or of the District Court, or of the Superior Court of the City of San Francisco, shall not act as attorney or counsel in any Court, except in an action or proceeding to which he is a party on the record.
$ 90. A Judge shall not have a partner acting as attorney.
A Judge or Justice of the Peace shall not have a partner acting as attorney or counsel in any Court in this State.
§ 91. Judges shall not absent themselves from the State.
A Judge of the Supreme Court, or of the District Court, or of the Superior Court of the City of San Francisco, or of a County Court, shall not absent himself from the State.
JUDICIAL DAYS AND PLACES OF HOLDING COURTS OF JUSTICE.
Sec. 92. Judicial days.
93. Nonjudicial days. Exceptions.