When two § 918. Designation of succeeding justice. or more justices are equally entitled, under the last section, to be deemed the successors in office of the justice, a judge of the superior court must, by a certificate subscribed by him and filed in the office of the county clerk, designate which justice is the successor of a justice going out of office, or whose office has become vacant. March 11, 1872. Am'd. 1880, 20. Prac. Act, sec. 610. En. April 29, 1851. En. 'CHAPTER XII. GENERAL PROVISIONS RELATING TO JUSTICES' COURTS. Justices may issue subpoenas and final process to any part of the county. § 919. § 920. § 921. § 922. § 923. § 924. § 925. § 926. Blanks must be filled in all papers issued by a justice, except subpoenas. Justices to receive all moneys collected and pay same to parties. In case of disability of justice another justice may attend on his behalf. Justices may require security for costs. Who entitled to costs. What provisions of code applicable to justices' courts. § 919. Justices may issue subpoenas and final process to any part of the county. Justices of the peace may issue subpoenas in any action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the county. En. March 11, 1872. Prac. Act, sec. 619. En. April 29, 1851. Am'd. 1863, 496. Final process, to any part of the county: Ante, secs. 94, 106. § 920. Blanks must be filled in all papers issued by a justice, except subpoenas. The summons, execution, and every other paper made or issued by a justice, except a subpoena, must be issued without a blank left to be filled by another, otherwise it is void. En. March 11, 1872. Cal.Rep.Cit. 138, 647; 138, 649. Prac. Act, sec. 611. En. April 29, 1851. § 921. Justices to receive all moneys collected and pay same to parties. Justices of the peace must receive from the sheriff or constables of their county, all moneys col lected on any process or order issued from their courts respectively, and must pay the same, and all moneys paid to them in their official capacity, over to the parties entitled or authorized to receive them, without delay. March 11, 1872. Am'd. 1880, 20. Prac. Act, sec. 633. En. April 29, 1851. § 922. in En. case of disability of justice another justice may attend on his behalf. In case of the sickness or other disability, or necessary absence of a justice, on a return of a summons, or at the time appointed for a trial, another justice of the same township or city may, at his request, attend in his behalf, and thereupon is vested with the power, for the time being, of the justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the attending justice, subscribed by him, must be made in the docket of the justice before whom the summons was returnable. If the case is adjourned, the justice before whom the summons was returnable may resume jurisdiction. En. March 11, 1872. Prac. Act, sec. 612. En. April 29, 1851. § 923. Justices may require security for costs. Justices may, in all cases, require a deposit of money or an undertaking, as security for costs of court, before issuing a summons. En. March 11, 1872. Prac. Act, sec. 634. En. April 29, 1851. § 924. Who entitled to costs. The prevailing party in justices' courts is entitled to costs of the action, and also of any proceedings taken by him in aid of an execution issued upon any judgment recovered therein. En. March 11, 1872. Am'd. 1873-4, 335. Prac. Act, sec. 631. En. April 29, 1851. Am'd. 1854, 71; 1885, 251. Costs: Ante, sec. 896. § 925. What provisions of code applicable to justices' courts. Justices' courts being courts of peculiar and limited jurisdiction, only those provisions of this code which are, in their nature, applicable to the organization, powers, and course of proceedings in justices' courts, or which have been made applicable by special provisions in this title, are applicable to justices' courts and the proceedings therein. En. March 11, 1872. Cal.Rep.Cit. 47, 133; 74, 343; 114, 373. Prac. Act, sec. 603. 1854, 70; 1854, 73. En. April 29, 1851. Am'd. 1853, 280; Prac. Act, sec. 635. En. April 29, 1851. Am'd. 1860, 306. Peculiar and limited jurisdiction: Ante, secs. 112-114. § 926. Deposit in lieu of undertaking. In all civil cases arising in justices' courts, wherein an undertaking is required as prescribed in this code, the plaintiff or defendant may deposit with said justice a sum of money in United States gold coin equal to the amount required by the said undertaking, which said sum of money shall be taken as security in place of said undertaking. En. Stats. 1877-8, 103. TITLE XII. PROCEEDINGS IN CIVIL ACTIONS IN POLICE COURTS. § 929. How commenced. § 930. § 931. § 932. § 933. Summons must issue on filing complaint. Trial by jury, when defendant is entitled to. Proceedings to be conducted as in justices' courts. § 929. How commenced. Civil actions in police courts are commenced by filing a complaint, setting forth the violation of the ordinance complained of, with such particulars of time, place, and manner of violation as to enable the defendant to understand distinctly the character of the violation complained of, and to answer the complaint. The ordinance may be referred to by its title. The complaint must be verified by the oath of the party complaining, or of his attorney or agent. En. March 11, 1872. Cal.Rep.Cit. 56, 148. Prac. Act, sec. 636. En. April 29, 1851. Jurisdiction of police court: See Pol. Code, secs. 4426, 4427. Provisions relating to police judges: See Pol. Code, secs. 4424-4432. § 930. Summons must issue on filing complaint. Immediately after filing the complaint, a summons must be issued, directed to the defendant, and returnable either immediately or at any time designated therein, not exceeding four days from the date of its issuing. En. March 11, 1872. Cal.Rep.Cit. 56, 148; 127, 540. Prac. Act, sec. 637. En. April 29, 1851. § 931. Defendant may plead orally or in writing. On the return of the summons the defendant may answer the complaint. The answer may be oral or in writing, and immediately thereafter the case must be tried, unless, for good cause shown, an adjournment is granted. En. March 11, 1872. Prac. Act, sec. 638. En. April 29, 1851. § 932. Trial by jury, when defendant is entitled to. In all actions for violation of an ordinance, where the fine, forfeiture, or penalty imposed by the ordinance is less than fifty dollars, the trial must be by the court. In actions where the fine, forfeiture, or penalty imposed by the ordinance is over fifty dollars, the defendant is entitled to a trial by jury. En. March 11, 1872. Prac. Act, sec. 639. En. April 29, 1851. § 933. Proceedings to be conducted as in justices' courts. All proceedings in civil actions in police courts must, except as in this title otherwise provided, be conducted in the same manner as civil actions in justices' courts. En. March 11, 1872. Cal.Rep. Cit. 51, 500; 56, 148; 95, 380. Prac. Act, sec. 641. En. April 29, 1851. Civil proceedings in justices' courts. Secs. 832-926. Disqualification of police judge, calling in of justice of the peace: See Pol. Code, sec. 4428. Chapter I. II. TITLE XIII. OF APPEALS IN CIVIL ACTIONS. Appeals to Supreme Court, §§ 963-966. 936. § 937. CHAPTER I. APPEALS IN GENERAL. Judgment and orders may be reviewed. Orders made out of court, without notice, may be reviewed by the judge. 938. Party aggrieved may appeal. Names of parties. Within what time appeal may be taken. 939. 940. Appeal, how taken. 941. 942. 943. 944. 945. § 946. § 947. § 948. 949. § 950. § 951. Undertaking or deposit on appeal. Undertaking on appeal from a money judgment. Undertaking on appeal concerning real property. Stay of proceedings. The security on appeal may be lim- Undertaking may be in one instrument or several. What papers to be used on an appeal from the judgment. What papers to be used on an appeal from an order granting or refusing a new trial. Copies and undertakings, how certified. When an appeal may be dismissed. § 956. § 957. § 958. § 959. When not. What may be reviewed on appeal from judgment. On judgment on appeal, remittitur must be certified to the Provisions of this chapter not applicable to appeals to superior courts. Gen. Cit. to Chap.-Cal.Rep. Cit. 101, 199; 114, 214; 119, 438. § 936. Judgment and orders may be reviewed. A judgment or order in a civil action, except when expressly made final by this code, may be reviewed as prescribed in this title, and not otherwise. En. March 11, 1872. Cal. Rep.Cit. 54, 520; 61, 194; 68, 338; 72, 192; 84, 9; 84, 488; 90, 327; 119, 439; 119, 440; 133, 108. |
