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10,051-10,058

CODE OF CIVIL PROCEDURE.

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An Act to regulate practice in the supreme court.

Approved March 16, 1872; 1871-2, 391,
Decisions within six months.

Section 1. Every civil cause on appeal in the supreme court must be decided,
and the decision of the court filed, within six months after the same is sub-
mitted; if not so decided, and the decision filed, the cause may, on notice of
either party, of at least thirty days, to the adverse party, be again placed on
the calendar for a reargument.
Reargument.

Sec. 2. Every cause which shall have been pending on appeal in said court, for a period of six months prior to the taking effect of this act, and shall have been submitted, shall, on notice filed and served, by either party, on the adverse party and the clerk of the court, thirty days before the commencement of the next succeeding term, be placed on the calendar for that term for reargument.

CHAPTER IV.

OF THE DISTRICT COURTS. 10,054. Judicial districts.

Sec. 54. The state is divided into seventeen judicial districts. (See ante, 142.] 10,055. Court in each district.

Sec. 55. There must be a district court held in each of the judicial districts. 29 10,056. Judges, election and terms of.

Sec. 56. The judge thereof is elected by the electors of the district, at the
judicial elections, and holds his office for the term of six years from the first
day of January next succeeding his election.
10,057. Jurisdiction.

Sec. 57. The jurisdiction of the district courts extends:
1. To all civil actions for relief formerly given in courts of equity;

2. To all civil actions in which the subject of litigation is not capable of pecuniary estimation;

3. To all civil actions (except actions of forcible entry and detainer) in which the subject of litigation is capable of pecuniary estimation, which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars;

4. To all special proceedings not within the jurisdiction of the county and probate courts, as defined in this code;

5. To the issuance of writs of mandate, review, prohibition, habeas corpus, and all writs necessary to the exercise of its

powers; 6. To the trial of all indictments for treason, misprision of treason, murder, and manslaughter. 10,058. Terms of court in the first district.

Sec. 58. In the first judicial district, terms of the district court must be held as follows:

In the county of San Luis Obispo, on the second Monday of January, May, and September;

In the county of Ventura, on the first Monday of March, July, and November;

In the county of Santa Barbara, on the fourth Monday of March, July, and November. (Amendment, approved January 20, 1876; Amendments 1875-6, 83; took effect from passage.(a)

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cient for the transaction of business, the court may a majority of the justices to be correct, must be paid direct the sheriff of the county in which it is held to out of the state treasury. provide such rooms, attendants, furniture, fuel, lights, (a, The original section provided only for the terms and stationery; and the expenses thereof, certified by of the first district court in San Luis Obispo on the first Monday of January, May and September, and in make the terms commence in Ventura on the first MonSanta Barbara on the third Monday of February, June day of March, July and November; in Santa Barbara and October.

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COURTS AND JUDICIAL OFFICERS.

10,059-10,062

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10,059. Second district.

Sec. 59. In the second judicial district, terms of the district court must be held as follows:

In the county of Tehama, on the first Monday of January, on the first Monday of April, on the first Monday of July, and on the first Monday of October.

In the county of Butte, on the first Monday of February, on the first Monclay of May, and on the first Monday of November. (Amendment, approved March 15, 1876; Amendments 1875-6, 83; took effect from passage.') 10,060. Third district.

Sec. 60. In the third judicial district, terms of the district court must be held as follows:

In the county of Alameda, on the third Monday of February, June and October;

In the county of Monterey, on the first Monday of April and October;
In the county of Santa Clara, on the second Monday of January, May, and
September;

In the county of Santa Cruz, on the second Monday of April, August, and
December.

[The above section was superseded by operation of “ An Act creating the nineteenth and twentieth judicial districts, and defining the third, fourth, twelfth and fifteenth judicial districts,” approved March 8, 1872; 1871-2, 301; and given ante, 142. That act changed the third judicial district to Alameda county, and a portion of the city and county of San Francisco, as will be seen by reference to it. The fourteenth section provided for the terms of the third district court, as follows:]

Sec. 14. The terms of the district court of the third judicial district shall commence as follows:

In the county of Alameda, on the third Monday of February, June and October of each year;

In the city and county of San Francisco, on the third Monday of April, August, and December of each year. 10,061. Fourth district,

Sec. 61. In the fourth judicial district, terms of the district court must be held as follows:

In the county of San Francisco, on the first Monday of February, May, August, and November. 10,062. Fifth district.

Sec. 62. In the fifth judicial district, tèrms of the district court must be held as follows:

In the county of San Joaquin, on the first Monday of February, May, and August, and on the third Monday of October;

In the county of Stanislaus, on the second Monday of January, April, and September;

In the county of Tuolumne, on the first Monday of March and July, and on the third Monday of November.

on the third Monday of March, July and November, It was amended, by act of February 5, 1874 (Amend. and in San Luis Obispo on the second Monday of May, ments 1873-4, 397; took effect immediately), so as to September and January. make the terms in San Luis Obispo on the first Mon. (a) The original section provided also for the terms day of January, April, July and October; in Santa Bar. of the second district court in the counties of Lassen bara on the first Monday of February, May, August and and Plumas, which have since, by act of February 15, November, and in Ventura on the first Monday of 1876; 1875-6, 58, been formed with Modoc county into March, June, September and December.

the twenty-first judicial district. The terms in the It was amended, by act of March 30, 1874 (Amend. twenty-first district are provided for in the same act. ments 1873-4, 397; took effect July 1, 1874), 80 as to See post, 10,074.

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10,063-10,066

CODE OF CIVIL PROCEDURE.

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10,063. Sixth district.

Sec. 63. In the sixth judicial district, terms of the district court must be held as follows:

In the county of Sacramento, on the first Monday of February, April, June, August, October, and December;

In the county of Yolo, on the third Monday of January, May and September. 10,064. Seventh district.

Sec. 64. In the seventh judicial district, terms of the district court must be held as follows:

In the county of Napa, on the first Monday of February, June, and October.

In the county of Solano, on the third Monday of January, May, and September; and in the county of Lake, on the first Monday of April, and third Monday of June and November. (Amendment, approved March 29, 1876; Amendments 1875-6, 84; took effect from passage.ca) 10,065. Eighth district.

Sec. 65. In the eighth judicial district, terms of the district court must be held as follows:

In the county of Del Norte, on the second Monday of May, August and November;

In the county of Humboldt, on the second Monday of March, June, Septem-, ber, and December;

In the county of Klamath, on the second Monday of April, July, and October. 10,066. Ninth District.

Sec. 66. In the ninth judicial district, terms of the district court must be held as follows:

In the county of Shasta, on the second Monday of March, June and November;

In the county of Siskiyou, on the third Monday of January, May and September;

In the county of Trinity, on the second Monday of April, August and December.

[The act creating the county of Modoc, provided that the ninth district court should be held in that county on the second Monday of July, and the third Monday of October, of each year. See section 10 of that act, ante 3919.

, . Modoc is now in the twenty-first judicial district. See ante, 142.]

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An Act fixing the time and places of holding the district and county courts in and for the county of Siskiyou.

Approved March 26, 1872 ; 1871-2, 561.
Terms of district court in Siskiyou county.

Section 1. The terms of the district court of the ninth judicial district, in and
for the county of Siskiyou, shall be held as follows: At Yreka, on the third Mon-
day of January, May, and September of each year; at Lake city on the second
Monday of July of each year.
Terms of county and probate courts in Siskiyou county.

Sec. 2. The terms of the county and probate court of the county of Siskiyou shall be held as follows: At Yreka, on the first Monday of January, March, May, September, and November of each year; at Lake city, on the second Monday of July of each year.

(a) The original section provided also for the terms of March 29, 1876; 1875-6, 628, been formed into the of the seventh district court in the counties of Marin, twenty-second judicial district, the terms in which Sonoma and Mendocino, which have since, by act were provided for by the same act. See post, 10,074.

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COURTS AND JUDICIAL OFFICERS.

10,066-10,069

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Terms at Lake city.

Sec. 3. For the purpose of holding the terms of the district and county courts, in and for the county of Siskiyou, at Lake city, as provided in this act, the county clerk, sheriff, and other officers of said courts shall, at the time appointed for holding the said terms, proceed to Lake city and officiate the same as if the terms of the several courts were held at the county seat; and they are hereby authorized to convey to said Lake city all papers and documents and books necessary to be used at the said term.

Sec. 4. All acts or parts of acts in conflict with this act are hereby repealed.

Sec. 5. This act shall take effect immediately. 10,067. Tenth district.

Sec. 67. In the tenth judicial district, terms of the district court must be held as follows:

In the county of Colusa, on the fourth Monday of April, second Monday of August, and first Monday of December;

In the county of Sutter, on the fourth Monday of February, third Monday of June, and second Monday of November;

In the county of Yuba, on the third Monday of January, third Monday of May, and first Monday of October;

In the county of Sierra, on the first Monday of April, second Monday of July, and the fourth Monday of October. (Amendment, approved January 29, 1874; Amendments 1873-4, 398; took effect on date of approval." 10,068. Elerenth district.

Sec. 68. In the eleventh judicial district, the judge or any other district jndge, upon his written request, may open and hold court at any time, but the regular terms of the district court shall be deemed to commence as follows:

In the county of Amador, on the second Tuesday of January, May and

(a)

September;

September;

In the county of Calaveras, on the first Tuesday of January, May and In the county of El Dorado, on the second Tuesday of March, June, October and December. [Amendment, approved March 7, 1876; Amendments 1875-6, 84; took effect from passage.(b) 10,069. Twelfth district.

Sec. 69. In the twelfth judicial district, terms of the district court must be

held as follows:

In the 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 fourth
Monday of June, September, and December.
An Act to fix the terms of the several courts of record in the county of San Mateo.

Approved February 13, 1872; 1871-2, 95.
Terms of district court in San Mateo county.

Section 1. The terms of the district court of tlte twelfth judicial district, in and for the county of San Mateo, shall commence on the second Monday in February and the fourth Mondays in May, August, and November, in each year, and may be continued from day to day, and adjourned from time to time,

19. The original section provided for terms of the (b) The original section simply provided that the tenth district court in Colusa on the first Monday of terms of the eleventh district court should be held in Way, September and December; in Sierra on the first Amador on the second Monday of March, June, SepMonday of April, second Monday of July, and fourth tember and December; in Calaveras on the second Blonday of October; in Sutter on the fourth Monday of Monday of January, April, July and October, and in El February and June, and third Monday of October in Dorado on the second Monday of February and May, Live on the third Monday of January, May and Sep- and third Monday of August and November.

telaber.

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10,069–10,071

CODE OF CIVIL PROCEDURE.

as the business of the court shall require. Nothing in this section, however,
shall be construed as ending a term of said twelfth district court, in and for the
city and county of San Francisco, by reason of the commencement or holding
of a regular or adjourned term in the county of San Mateo; but whenever the
court is about to open in San Mateo county the court in San Francisco may be
adjourned over, and at the close of the session in San Mateo county the busi-
ness of the term in San Francisco may be resumed.
Terms of county and probate courts in San Mateo county.

Sec. 2. Terms of the county court and of the probate court, in the county of San Mateo, shall commence and be holden on the second Mondays in March, June, September, and December in each year, and the terms of each or either of said courts may be continued from day to day, or adjourned from time to time, as the business of the court may require.

Sec. 3. This act shall take effect and be in force from and after its passage. 10,070. Thirteenth district.

Sec. 70. In the thirteenth judicial district, terms of the district court must be held as follows:

In the county of Tulare, on the third Monday of January, May, and September;

In the county of Fresno, on the third Monday of February, June, and October;

In the county of Merced, on the third Monday of March, July, and November;

In the county of Mariposa, on the third Monday of April and August, and second Monday of December. [Amendment, approved December 16, 1873; Amendments 1873–4, 399; took effect immediately.(a) 10,071. Fourteenth district.

Sec. 71. In the fourteenth judicial district, terms of the district court must be held as follows:

In the county of Nevada, on the second Monday of March, June, September, and December;

In the county of Placer, on the first Monday of February, May, August, and November.

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An Act regulating proceedings in courts of record of Nevada county in certain cases.

Approved March 30, 1872; 1871-2, 700.
Terms of courts at Truckee.

Section 1. Whenever in the discretion of the judges of the district, county,
or probate courts, in and for the county of Nevada, the ends of justice will be
promoted, and expenses to the parties interested decreased, by holding sessions
of said courts at the town of Truckee, such judges may, by order, set a time
for holding such sessions and trying such civil and criminal cases as said dis-
trict, county, and probate judges may order to be tried at the town of Truckee,
in Meadow Lake township, Nevada county, whether such cases are docketed on
the first day of each term or not. (Amendment, approved March 20, 1874;
1873-4, 503; took effect immediately.
Records and papers.

Sec. 2. When such sessions are held as heretofore provided, all the officers of the county who are required to attend upon the court, the session of which has been appointed, shall be present at said time with all records and papers required in the trial of said cases in the respective courts, and there perform such duties as are now required by law.

(a) The original section provided for terms of the and October; in Merced on the fourth Monday of Jan. thirteenth district court in Fresno on the third Mon- uary, May and September; in Tulare on the first Mon. day of January and May, and second Monday of Octo- day of January and May, and third Monday of October; in Mariposa on the first Monday of February, June

ber.

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