ment or protection of a right, or the redress or prevention of a wrong. En. March 11, 1872. Cal.Rep.Cit. 104, 13; 109, 655. Forms of action: See post, sec. 307. § 31. Criminal actions. The Penal Code defines and provides for the prosecution of a criminal action. En. March 11, 1872. Criminal action defined: See Pen. Code, sec. 683. § 32. Civil and criminal remedies not merged. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. En. March 11, 1872. PART I. OF COURTS OF JUSTICE. TITLE I. ORGANIZATION AND JURISDICTION. Chapter I. Courts of Justice in General, §§ 33, 34. III. Supreme Court, §§ 40-57. IV. Superior Court, §§ 65-79. VII. General Provisions Respecting Courts of Justice, § 124-153. [Part I, § 33-304, amended and in effect April 1, 1880. Amendments 1880, 21 et seq.] # CHAPTER I. COURTS OF JUSTICE IN GENERAL. § 33. The several courts of this state. § 33. The several courts of this state. The following are the courts of justice of this state: 1. The court of impeachments; 2. The supreme court; 3. The superior courts; 4. The justices' courts; 5. The police courts and such other inferior courts as the legislature may establish in any incorporated city or town, or city and county. En. March 11, 1872. Am'd. 1880, 21. Judicial department. See Const. Cal., arts. 3, 6. For subd. 5, see Const. Cal., art. 6, sec. 13. Jurisdiction of the above courts is considered, post, in the various chapters treating thereof. Court of impeachment: See post, secs. 36 et seq. Supreme Court: See post, secs. 40 et seq. Superior courts: See post, secs. 65 et seq. § 34. Courts of record. The courts enumerated in the first three subdivisions of the last preceding section are courts of record. En. March 11, 1872. Am'd. 1880, 21. Courts of record: See Const. Cal., art. 6, sec. 12. § 35. En. March 11, 1872. Rep. 1880, 21. CHAPTER II. COURT OF IMPEACHMENT. § 36. Members of the court. § 37. § 38. § 39. Jurisdiction. Officers of the court. Trial of impeachments provided for in the Penal Code. § 36. Members of the court. The court of impeachment is the senate; when sitting as such court, the senators shall be upon oath; and at least two-thirds of the members elected shall be necessary to constitute a quorum. En. March 11, 1872. Am'd. 1880, 22. Cal.Rep.Cit. 107, 118. § 37. Jurisdiction. The court has jurisdiction to try impeachments, when presented by the assembly, of the governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice of the supreme court, associate justices of the supreme court, and judges of the superior courts for any misdemeanor in office. En. March 11, 1872. Am'd. 1880, 22. Jurisdiction: See Const. Cal., art. 4, sec. 18. $ 38. Officers of the court. The officers of the senate are the officers of the court. En. Mar. 11, 1872. Am'd. 1880, 22. § 39. Trial of impeachments provided for in the Penal Code. Proceedings on the trial of impeachments are provided for in the Penal Code. En. Stats. 1880, 22. Proceedings for removal: See Pen. Code, secs. 737 et seq. CHAPTER III. SUPREME COURT. 40. Justices, elections, and terms, of office. Computation of years of office. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Vacancies. Departments. Apportionment of business. Court in bank. Absence or disability of chief justice. Adjournments. Decisions in writing. Jurisdiction of two kinds. Appellate jurisdiction. § 51. § 52. Original jurisdiction. 53. Powers in appealed cases. Concurrence necessary to transact business. Transfer of books, papers, and actions. Appeals in probate proceedings and contested election cases. § 40. Justices, elections, and terms of office. The supreme court shall consist of a chief justice and six associate justices, who shall be elected by the qualified electors of the state at large, at the general state elections next preceding the expiration of the terms of office of their predecessors respectively, and hold their offices for the term of twelve years from and after the first Monday after the first day of January next succeeding their election; provided, that of the justices elected at the general state election of eighteen hundred and seventy-nine, the chief justice shall go out of office at the end of eleven years and the six associate justices shall have so classified, or shall so classify themselves, by lot, that two of them shall go out of office at the end of three years, two of them at the end of seven years, and two of them at the end of eleven years, from the first Monday after the first day of January, eighteen hundred and eighty; and an entry of such classification shall have been or shall be made in the minutes of the court in bank, signed by them, and a duplicate thereof filed in the office of the secretary of state. En. March 11, 1872. Am'd. 1880, 22. Supreme court: See Const. Cal., art. 6, secs. 2, 3. Jurisdiction of supreme court: See post, secs. 50-53. Acts relating to supreme court commission: See post, Appendix, Courts. § 41. Computation of years of office. The years during which a justice of the supreme court is to hold office are to be computed respectively from and including the first Monday after the first day of January of any one year to and excluding the first Monday after the first day of January of the next succeeding year. En. March 11, 1872. Am'd. 1880, 23. Term, when commenced: See Const. Cal., art. 6, sec. 3. § 42. Vacancies. If a vacancy occur in the office of a justice of the supreme court, the governor shall appoint an eligible person to hold the office until the election and qualification of a justice to fill the vacancy, which election shall take place at the next succeeding general election; and the justice so elected shall hold the office for the remainder of the unexpired term of his predecessor. March 11, 1872. Am'd. 1880, 23. En. Vacancy in office: See Const. Cal., art. 6, sec. 3. Vacancy: See the subject generally, Pol. Code, secs. 995 et seq. Absence or inability of chief justice to act: sec. 46. See post, Vacancy in office of judge does not affect pending proceedings: See post, sec. 184. § 43. Departments. There shall be two departments of the supreme court, denominated respectively department one and department two. The chief justice shall assign three of the associate justices to each department, and such assignment may be changed by him from time to time; provided, that the associate justices shall be competent to sit in either department, and may interchange with one another by agreement among themselves, or if no such agreement be made, as ordered by the chief justice. The chief justice may sit in either department, and shall preside when so sitting; but the justices assigned to each department shall select one of their number as presiding justice. Each of the departments shall have the power to |
