See ante, 1271. Power of court commissioner. Restrictions. Fees of commis- By whom paid. either party, or if by consent of parties, then by the plaintiff, and the fees so paid to be taxed, with the costs, against the losing party. Such court commissioners shall have the right to demand their fees as aforesaid at thetime the services are performed, and may retain any and all papers, in cases where such fees have not been paid, until the same are paid. [The foregoing section applies only to the first, fifth, sixth, seventh, eleventh, and thirteenth judicial districts, as will be scen by reference to the following act.] An Act to amend the foregoing act of April 20, 1863. Approved March 24, 1864; 1863-4, 229. 1322. SECTION 1. The fortieth section of said act is hereby amended so as to read as follows: 1323. SEC. 40. Every such commissioner shall have power First. To hear and determine ex parte motions for orders and writs (except orders or writs of injunction) in the district and county courts of the county for which he may be appointed. Second. To take proof and report his conclusions thereon as to any matter of fact other than an issue of fact raised on the pleadings upon which information is required by the court; but any party to the proceedings may except to such report within four days after the same shall have been filed, and may argue his exceptions before the court on giving notice of motion for that purpose. Third. To take and approve bonds and undertakings whenever the same may be required in actions or proceedings in such district and county courts, and to examine the sureties thereon when an exception has been taken to their sufficiency, and to administer oaths and affirmations and take affidavits and depositions in any action or proceedings in any of the courts of this State, or in any matter or proceeding what ever. Fourth. Any matter or proceeding that may have been referred to any such commissioner, other than such as are herein specified, shall, by the operation and effect of this act, be returned to the proper court, and all power and authority of the commissioner over the same shall cease and terminate. Fifth. No power shall be exercised by any such commissioner except as herein provided. [See Sec. 40 of the original act and Sec. 3 of this act.] 1324. SEC. 2. Said court commissioners shall be entitled to charge and receive for their services the following fees, to wit: For hearing and determining every ex parte motion for any order or writ, as aforesaid, two dollars. For taking proofs and reporting his conclusions thereon as to any matter of fact, as above provided, upon which information is required by the court, three dollars. For every day necessarily spent in the business of the reference in such case, for examining into the qualifications of sureties on bonds or undertakings, when an exception has been taken to their sufficiency, three dollars. For taking and certifying each affidavit, and for the approval of each bond or undertaking, fifty cents. For taking and certifying depositions, twenty cents per folio. Said fees to be paid by the party by whom or at whose instance the matter may be brought before such commissioner, or if referred by the court without motion from either party, or if by consent of the parties, then by the plaintiff, the fees so paid to be taxed as costs, if the party paying the same be the prevailing party. Said commissioners shall have the right to demand their fees as aforesaid at the time the services are rendered, and may retain any and all papers in cases where such fees are due until the same are paid. 1325. SEC. 3. This act shall not apply to the first, fifth, seventh, thirteenth, eleventh, and sixth judicial districts, nor any courts therein. SEC. 4. This act shall take effect immediately. 222 .III. POLICE JUDGE'S COURT OF SAN FRANCISCO. An Act concerning the police judge's court of the City and County of San Francisco. 1326. SECTION 1. The police judge's court of the City and County of San Francisco Not a court of is hereby declared not to be a court of record. SEC. 2. All acts and parts of acts in conflict with this act are repealed so far as they conflict herewith. SEC. 3. This act shall take effect and be in force from and after its passage. An Act to prescribe the jurisdiction of the police judge's court of the City and County of San record. 1327. SECTION 1. The police judge's court of the City and County of San Francisco Jurisdiction of shall have jurisdiction First. Of an action or proceeding for the violation of any ordinance of the City and County of San Francisco. Second. Of proceedings respecting vagrants and disorderly persons. court. 1328. SEC. 2. The said court shall have jurisdiction of the following public offenses Criminal when committed in the said city and county: jurisdiction. First. Petit larceny, receiving stolen property, when the amount involved does not exceed fifty dollars. Second. Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill. Third. Breaches of the peace, riots, affrays, committing wilful 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. The justices of the peace within the limits of the City and County of San Francisco Justices of peace shall not have power to try and decide any cases of the classes mentioned in this excluded from jurisdiction. section. 1329. SEC. 3. The judge of said court shall also have power to hear cases for ex- Power of judge. amination, and may commit and hold the offender to bail for trial in the proper court, and 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, subpœnas, and all other process necessary to the full and proper exercise of his power When judgment and jurisdiction. All fines imposed by the police judge not exceeding twenty dollars, exclusive of costs, shall be final, and without appeal. SEC. 4. This act shall take effect and be in force from and after its passage. IV. JUDICIAL DISTRICTS. An Act to divide the State into judicial districts. Approved April 25, 1863, 486. final. 1330. SECTION 1. The State shall be divided into fifteen judicial districts, which Number of judicial districts. districts shall be numbered and composed of the several counties and parts of counties as hereinafter provided. [Amendment, approved April 4, 1864; 1863-4, 497; took effect from passage. 1331. SEC. 2. The first judicial district shall be composed of the Counties of San First. Diego, San Bernardino, Los Angeles, Santa Barbara, and San Luis Obispo. 1332. SEC. 3. The third judicial district shall be composed of the Counties [of] Third. Monterey, Santa Cruz, Santa Clara, and Alameda; provided, the County of Contra Costa shall remain in the third judicial district until a judge for the fifteenth judicial district shall have been duly elected or appointed and qualified. [Amendment, approved, April 4, 1864; 1863-4, 497; took effect from passage. 1333. SEC. 4. The twelfth judicial district shall be composed of the County of San Twelfth. Mateo and all that portion of the City and County of San Francisco lying south of a line described as follows: Commencing at the western boundary of said city and county, at a point in a line with the centre of Ridley street in said city; thence running easterly in a line with and through the centre of Ridley street, to the centre of Market street; thence northeastward along the centre of Kearny street, to a point in a line with the Fourth. Thirteenth. Fifth. Seventh. Eleventh. Sixth. Fourteenth. Tenth. Second Ninth Eighth. Proviso. Fifteenth. City Hall defined. northern side of the City Hall or court-house; thence easterly to and along the 1334. SEC. 5. The fourth judicial district shall be composed of all that portion of 1335. SEC. 6. The thirteenth judicial district shall be composed of the Counties of Tulare, Fresno, Merced, Mariposa, and Stanislaus. 1336. SEC. 7. The fifth judicial district shall be composed of the Counties of San Joaquin, Tuolumne, Mono, and Alpine. [Amendment, approved April 4, 1864; 1863-4, 448. 1337. SEO. 8. The seventh judicial district shall be composed of the Counties o Marin, Sonoma, Mendocino, Napa, Lake, and Solano. 1338. SEC. 9. The eleventh judicial district shall be composed of the Counties of Calaveras, Amador, and El Dorado. 1339. SEC. 10. The sixth judicial district shall be composed of the Counties of Sacramento and Yolo. 1340. SEC. 11. The fourteenth judicial district shall be composed of the Counties of Placer and Nevada. 1341. SEC. 12. The tenth judicial district shall be composed of the Counties of Yuba, Sutter, Colusa, and Sierra. 1342. SEC. 13. The second judicial district shall be composed of the Counties of Tehama, Butte, Plumas, and Lassen. [Amendment, approved April 4, 1864; 1863–4, 448. 1343. SEC. 14. The ninth judicial district shall be composed of the Counties of Shasta, Trinity, and Siskiyou. 1344. SEC. 15. The eighth judicial district shall be composed of the Counties of Humboldt, Klamath, and Del Norte. 1345. SEC. 16. This act shall take effect on the first day of January, in the year one thousand eight hundred and sixty-four; provided, that as to the election and qualification of district judges, it shall take effect immediately. An Act supplementary to and amendatory of the above act. Approved April 4, 1864; 1863-4, 497. [Sections 1, 2, and 3 contain the amendments to Secs. 1, 4 and 5 of the above act therein inserted.] 1346. SEC. 4. The fifteenth judicial district shall be composed of the County of Contra Costa and all that portion of the City and County of San Francisco which is not included within the limits of the twelfth and fourth judicial districts, as above described. 1347. SEO. 5. The term "City Hall" and "court-house," as used in this act, shall be construed to mean the building owned by said city and county, and known and used as a City Hall and court-house prior to January first, A. D. eighteen hundred and sixty-three, and no other. 1348. SEO. 6. The governor shall appoint and commission some competent person as judge of the district court of the fifteenth judicial district, who shall hold his office Governor to until the next judicial election, when a judge shall be elected by the qualified voters appoint judge. of the district. A person residing in any part of the said City and County of San Francisco, or of the County of Contra Costa, may be so appointed or elected, and when so appointed or elected may reside in any part of said city and county. 1349. SEC. 7. The judge of the fifteenth judicial district shall receive an annual Salary. salary of six thousand dollars, to be paid in the same manner as the judges of the fourth and twelfth judicial districts are paid. Contra Costa 1350. SEC. 8. Motions for new trials, motions for judgments upon special verdicts Cases pending in or cases reserved, and all issues of law, and all other motions, whether upon notice, County. or ex parte, in cases pending in the County of Contra Costa, may be heard anywhere within the said fifteenth judicial district, and the judge of the said district may by rule designate the time, place, and manner for hearing said motions and issues, and all orders made upon such motions or issues may be entered with the clerk of Contra Costa County, the same as if entered at a district court held in said county, and shall, in all respects, have the same force and effect. [SEC. 9 contains the amendments to Sec. 3 of the former act therein inserted.] SEO. 10. This act shall take effect from and after its passage. 4. TERMS OF COURTS. 1351. [For terms of the supreme court, see the act of April 20, 1863, previously given. The various acts relating to the terms and places of holding the supreme court previous to and which have all been superseded or repealed by the act of 1863, will be found by the following references: 1850, 57, 219; 1851, 9; 1852, 161, 162; 1853, 287; 1854, 45.] [The legislation in regard to the terms and times of holding the various district courts previous to the act now in force of April 27, 1863, which superseded all previous acts, will be found referred to by year and page, under the numbers of the districts, in the following list (not including special provisions contained in some of the acts, organizing new counties): First.-1850, 93; 1851, 9, 31; 1852, 221; 1853, 228; 1855, 242; 1859, 13; 1862, 4, 1863, 249. Second.-1850, 93; 1851, 9, 31; 1852, 221; 1853, 228; 1855, 5, 242; 1858, 131; 1859, 177. Third.-1850, 93, 261; 1851, 9, 31; 1852, 221; 1853, 228; 1855, 43, 242; 1856, 39, 83: 1857, 231; 1860, 117. Fourth.-1850, 93; 1851, 9, 31, 314; 1852, 221; 1853, 228; 1855, 242. Fifth.-1850, 93; 1851, 9, 31; 1852, 221; 1853, 78, 228; 1854, 39; 1855, 242; 1856, 19, 44. 1862, 544; 1863, 70, 500. Eighth.-1850, 93; 1851, 9. 31; 1852, 221; 1853, 228; 1855, 242; 1857, 162; 1859, 18. Ninth.-1850, 93, 261; 1851, 9, 31; 1852, 221; 1853, 228; 1855, 242; 1856, 29; 1857, 6, 162, 323; 1860, 40. Tenth.-1851, 9, 31, 319; 1852, 164, 221, 288; 1853, 228; 1855, 242; 1856, 36; 1858, 2; 1859, 97. Eleventh.-1851, 9, 31; 1852, 221; 1853, 17, 149; 1853, 228; 1855, 242; 185 2; 1863, 581. Thirteenth.-1855, 117, 182; 1856, 107; 1857, 12; 1858, 107; 1859, 41; 1860, 2; 1861, 54; 1862, 478; 1863, 572. Fourteenth.-1855, 117, 182; 1856, 53; 1857, 189. Fifteenth.-1855, 117, 182; 1857, 162; 1858, 89; 1859, 235. Sixteenth.-1859, 3; 1861, 241; 1862, 426; 1863, 113. Seventeenth.-1859, 3, 37; 1860, 85.] An Act providing for the time of holding the several courts of record in this State. Approved April 27, 1863, 607. TERMS OF THE DISTRICT COURTS. 1352. SECTION 1. The terms of the district court of the first judicial district shall First district. be held as follows: In the County of San Diego, on the first Monday of October and third Monday of April of each year. In the County of San Bernardino, on the first Monday of April and September of each year. In the County of Los Angeles, on the first Monday of February, May, and November of each year. In the County of Santa Barbara, on the first Monday of June and December of each year. Third. Twelfth. Fourth. Thirteenth. Fifth. Seventh. Eleventh. Bixth. In the County of San Luis Obispo, on the first Monday of March and August of each year. [Act approved April 4, 1864; 1863-4, 451; took effect from May 1, 1864. 1353. SEC. 2. There shall be held, in the counties composing the third judicial district, terms of said court as follows: In the County of Monterey on the third Monday of April and August. In the County of Santa Cruz on the first Monday of April, August, and December. In the County of Santa Clara on the second Tuesday of January, May, and September. In the County of Alameda on the second Monday of February, June, and October. In the County of Contra Costa on the second Monday of March, July, and November. [Amendment, approved March 24, 1864; 1863-4, 234; took effect from pasSee note.(") sage. 1354. SEC. 3. There shall be held, in the twelfth judicial district, terms of said court as follows: In the City and County of San Francisco, on the first Monday of January, April, July, and October. In the County of San Mateo, on the third Monday of March, and the fourth Monday of June, September, and December. [Amendment, approved April 4, 1864; 1863-4, 483; took effect from passage. 1355. SEC. 4. There shall be held, in the fourth judicial district, terms of said court as follows: In the City and County of San Francisco, on the first Monday of February, May, August, and November. [Amendment, approved April 4, 1864; 1863-4, 483; took effect from passage. 1356. SEC. 5. There shall be held, in the thirteenth judicial district, terms of said court as follows: In the County of Tulare, on the fourth Monday of February, June, and October. In the County of Fresno, on the third Monday of February, June, and October. In the County of Mariposa, on the second Monday of March, July, and November. In the County of Merced, on the third() Monday of January, May, and September. In the County of Stanislaus, on the first Monday of February, June, and October. 1357. SEO. 6. There shall be held, in the fifth judicial district, terms of said court as follows: In the County of Alpine, on the first Monday of May and September. In the County of San Joaquin, on the first Monday of April, August, and December. 1358. SEC. 7. There shall be held, in the seventh judicial district, terms of said court as follows: In the County of Marin, on the first Monday of March, July, and November. In the County of Calaveras, on the second Monday of January, April, July, and In the County of Amador, on the second Monday of March, June, September, and December. In the County of El Dorado, on the second Monday of February and May, and third Monday of August and November. 1360. SEC. 9. There shall be held, in the sixth judicial district, terms of said court as follows: In the County of Sacramento, on the first Monday of February, April, June, August, October, and December. () The amendatory act of March 24, 1864; 1863-4, 234 has a second section, which for convenience is here given, instead of being placed by itself among the supplemental acts. It is as follows: SEC. 2. This act shall take effect from and after its passage, and all laws contrary hereto are hereby repealed; provided, that nothing herein contained shall affect any matters pending in said courts, but the same shall be heard at the terms herein fixed with the same force and effect as though no change were made as to the times of holding the same. (*) See post, 1378, an act providing for the time of holding the terms of the district court in Merced County, which changes the text from "third" to "fourth.” |