$147. ARTICLE VI. SEALS OF COURTS. What courts shall have seals. Seal of supreme court. Seals of superior courts. Seals of police courts of cities and counties. Seals of courts, to what documents affixed. What courts shall have seals. Each of the fol lowing courts shall have a seal: 1. The supreme court; 2. The superior courts; 3. The police court of every city and county. En. March 11, 1872. Am'd. 1880, 39. Seal of court-Judicial notice taken of: Post, sec. 1875, subd. 4; court commissioner may provide official seal, sec. 259, subd. 5. Seals how made: Ante, sec. 14. Police courts are not courts of record; See ante, secs. 33, 34, and yet have a seal. $148. Seal of supreme court. The seal used by the supreme court, abolished by the constitution, shall be the seal of the supreme court herein provided for; but the said court may direct the clerk of the supreme court to provide two duplicates of said seal, each of which shall be considered the same as and have the same force and effect as the original. En. March 11, 1872. Am'd. 1880, 39. § 149. Seals of superior courts. The seals of the superior courts shall be circular, not less than one and threefourths inches in diameter, and having in the center any word, words, or design adopted by the judges thereof, and the following inscription surrounding the same: "Superior Court, —, California," inserting the name of the county, or city and county; provided, that the seal of any such court, which has been adopted previous to the passage of this act, shall be the seal of such court, until another be adopted. En. March 11, 1872. Am'd. 1880, 39. See act of March 31, 1880, validating writs, process and certificates issued from superior courts before seal provided: See Stats. 1880, p. 19. § 150. Seals of police courts of cities and counties. The police court of every city and county may use any seal having upon it the inscription, "Police Court, -" (inserting the name of the city and county). En. March 11, 1872. Am'd. 1880, 39. Cal.Rep.Cit. 135, 352; 135, 353. 151. Seals, how provided; private seals, when used. Courts which have not the necessary seal provided, or the judge or judges thereof, shall request the supervisors of their respective counties or cities and counties, to provide the same, and in case of their failure to do so, may order the sheriff to provide the same, and the expense thereof shall be a charge against the county or city and county treasury, and paid out of the general fund thereof; and until such seal be provided, the clerk of each court may use his private seal, whenever a seal is required. En. March 11, 1872. Am'd. 1880, 39. § 152. Clerk of court to keep seal. The clerks of the court shall keep the seal thereof. En. March 11, 1872. Am'd. 1873-4, 284; 1880, 40. Cal.Rep.Cit. 57, 289. $153. Seals of courts, to what documents affixed. The seal of a court need not be affixed to any proceeding therein or document, except: 1. To a writ; 2. To the certificate of probate of a will, or of the appointment of an executor, administrator, or guardian; 3. To the authentication of a copy of a record, or other proceeding of a court, or of an officer thereof, or of a copy of a document on file in the office of the clerk. En Stats. 1880, 40. Code Civ. Proc.-7. TITLE II. JUDICIAL OFFICERS. Chapter I. Judicial Officers in General, §§ 156-161. 156. § 157. § 158. § 159. § 160. § 161. II. III. Disqualifications of Judges, §§ 170-172. IV. Incidental Powers and Duties of Judicial Offi- V. Miscellaneous Provisions Respecting Courts CHAPTER I. JUDICIAL OFFICERS IN GENERAL. Qualifications of justices of supreme court. Qualifications of superior judges. Residence of superior judges. Residence and qualification of justices of the peace. Judges holding superior courts at request of governor. Justices and judges ineligible to other than judicial office. $156. Qualifications of justices of supreme court. No person shall be eligible to the office of chief or associate justice of the supreme court, unless he shall have been a citizen of the United States and a resident of this state for two years next preceding his election or appointment, nor unless he shall have been admitted to practice before the supreme court of the state. En. March 11, 1872. Am'd. 1880, 40. Judge must be an attorney: Const. Cal., art. 6, sec. 23. § 157. Qualifications of superior judges. No person shall be eligible to the office of judge of a superior court unless he shall have been a citizen of the United States and a resident of this state, for two years next preceding his election or appointment, nor unless he shall have been admitted to practice before the supreme court of the state. En. March 11, 1872. Am'd. 1880, 40. § 158. Residence of superior judges. Each judge of a superior court shall reside at the county seat of the county in which such court is held, or within three miles thereof, and within the county, except that in the counties of Yuba and Sutter the judge may reside in either of said counties; provided, that when there is more than one judge of the superior court in a county, it shall not be necessary for more than one judge to reside at the county seat, as provided herein. En. March 11, 1872. Am'd. 1880, 40; 1891, 277. Act of March 2, 1897, Stats. 1897, p. 48, provided for separate judges for Sutter and Yuba counties. 159. Residence and qualification of justices of the peace. Every justice of the peace shall reside in the city and county, or township, in which his court is held, and no person shall be eligible to the office of justice of the peace unless he shall have been a citizen of the United States, and a resident of the city and county, or county, in which he is to serve for one year next preceding his election or appointment. En. March 11, 1872. Am'd. 1880, 41. § 160. Judges holding superior courts at request of governor. If by reason of sickness, absence, disability, or other causes, a regular session of the superior court cannot be held in any county by the judge or judges thereof, or by a superior judge requested by him or them to hold such court, a certificate of that fact shall be transmitted by the clerk thereof to the governor, who may thereupon request some other superior judge to hold such court; and a judge so holding a court at the request of the governor, or at the request of the judge or judges of said superior court, shall be allowed his actual and necessary expenses in going to, returning from, and attending upon the business of such court, which shall be a charge against the treasury of the county where such court is held, and paid out of the general fund thereof. En. March 11, 1872. Am'd. 1875-6, 85; 1880, 41; 1887, 147. Cal.Rep.Cit. 87, 397. Holding court for another judge: Ante, sec. 71. § 161. Justices and judges ineligible to other than judicial office. The justices of the supreme court and judges of the superior courts shall be ineligible to any other office or public employment than a judicial office or employment during the term for which they shall have been elected. En. March 11, 1872. Am'd. 1873-4, 284; 1880, 41. Ineligible to public employment: Const. Cal., art. 6, sec. 18. § 162. En. March 11, 1872. Rep. 1873-4, 285; 1880, 21. Cal.Rep.Cit. 110, 425. CHAPTER II. POWERS OF JUDGES AT CHAMBERS. § 165. Powers of justices of supreme court at chambers. § 166. Powers of superior judges at chambers. § 165. Powers of justices of supreme court at chambers. The justices of the supreme court, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge such orders and writs. En. March 11, 1872. Am'd. 1880, 41. Powers of judges out of court: Post, sec. 176. The § 166. Powers of superior judges at chambers. judge or judges of a superior court, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, and may, at chambers, hear and dispose of such orders and writs; and may also, at chambers, appoint appraisers, receive inventories and accounts to be filed, suspend the powers of executors, administrators, or guardians in the cases allowed by law, grant special letters of administration or guardianship, approve claims and bonds, and direct the issuance from the court of all writs and process necessary in the exercise of their powers in matters of probate. En. March 11, 1872. Am'd. 1880, 41. Cal.Rep.Cit. 127, 64. 60, 227; 63, 444; 68, 641; 99, 513; 100, 601; Power of judges out of court: Post, sec. 176. Chamber hours for judges: Pol. Code, sec. 4116. Power of judge of probate at chambers: Post, sec. 1305. § 167. En. March 11, 1872. Rep. 1880, 21. Cal.Rep.Cit. 54, 179. |
