all civil causes appealed thereto from a justice's, mayor's, or recorder's court, in the county.

1. The authority to try these cases anew is the exercise of appellate, and not of original jurisdiction. Townsend v. Brooks, 5 Cal., 52.

2. Appeals taken from a justice's court to the county court upon questions of law alone, when reversed by the county court, shall be tried anew in the county court, and not be remitted to the justice. People v. Freelon, 7 Cal., Oct. T.

44. The county court shall have original civil jurisdiction : 1st. Of an action to enforce the lien of mechanics and others.

2d. Of an action to prevent or abate a nuisance.

3d. Of all proceedings against ships, vessels or boats, or against the owners or masters thereof, when the suit or proceeding is for the recovery of seamen's wages, for a voyage performed in whole or in part without the waters of this state.

4th. Of proceedings in cases of insolvency.

1. 1st, the county courthas no jurisdiction to enforce a mechanic's lien, where the amount in controversy exceeds $200. Brock v. Herrick, 5 Cal., 279.

2. 4th, sustained in Harper v. Freelon, 6 Cal., 76.

45. The county court and the judge thereof shall have power, at chambers, to try and determine writs of mandamus, certiorari and quo warranto, and to issue all writs necessary or proper to the complete exercise of the powers conferred upon it by this and other statutes.

46. This court shall hold a term on the first Monday of January, March, May, July, September and November of each year, which shall continue until all the business of the court be disposed of.

Special acts have frequently been passed creating different terms in many counties. See table, p.

8.

47. If a room for holding the court be not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff to procure such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge.

It is the duty of county judges to reside at the county seats of their respective counties, except in the following: Yolo, Alameda, Contra Costa, Tulare, Yuba, San Diego, Sacramento, Plumas, Sutter, Colusi, San Luis Obispo, Tehama, San Mateo, and Santa Cruz. Statutes of 1854, 1855 and 1857.

CHAPTER VI.

THE COURTS OF SESSIONS.

48. There shall be in each of the counties of this state a court denominated a court of sessions, with the jurisdiction conferred by this chapter.

49. The court of sessions of each county shall be composed of the county judge, who shall be the presiding judge thereof, and two justices of the peace of the county, as associate justices.

1. The courts can exercise none but judicial powers, and all other powers conferred are unconstitutional. Burgoyne v. Supervisors of San Francisco county, 5 Cal., 9; Phelan v. County of San Francisco, 6 Cal., 531.

50. The associate justices of the court of sessions shall be chosen by the justices of the peace of the county. The county judge shall convene, at the county seat, on the first Monday of the month subsequent to the general election in each year, the persons elected as justices of the peace of the county at said preceding general election; and they, after being qualified and filing their respective bonds as such justices, as required by law, shall elect, by ballot, two of their number as associate justices of the court of sessions. The county judge shall preside over the convention, and the county clerk shall be its clerk. A majority of the persons who have qualified and filed their bonds as justices of the peace of the county, shall form a quorum for the purpose of the election. A minute of the proceedings of the convention shall be entered in the records of the courts of sessions. A certificate of election shall be given by the county judge and clerk, under the seal of the court of sessions, to the two persons who receive a majority of all the votes cast. Should there be no election for associate justices held at the time above prescribed, the county judge shall at any time be authorized to call an election for such purpose, by giving ten days' notice thereof.

1. The presence of the county judge and clerk of the convention is not essential, and if they refuse to attend, the election by the justices will still be valid. Gorham v. Campbell, 2 Cal., 135.

2. The court of sessions cannot be holden by the county judge and one associate justice; there must be the county judge and two associate justices to constitute the court. People v. Ah Chung, 5 Cal., 103.

51. If the justices of the court of sessions, or either of them, be absent at a term of a court of sessions, or the office of those justices, or either of them, be vacant, the county judge shall supply the vacancy or deficiency for the term, by designating the requisite number to form the court from the justices of the peace of the county.

52. [1854.] The courts of sessions shall have jurisdiction : 1st. To inquire, by the intervention of a grand jury, of all public offenses committed or triable in its county.

2d. To try and determine all indictments found therein, for all public offenses, except murder, manslaughter and arson.

3d. To hear and determine appeals from justices', mayors' and recorders' courts, in cases of a criminal nature.

1.3d. This appellate power declared unconstitutional. People v. Fowler, 8 Cal., Jan. T.

53. [1854.] When an indictment is found in the court of sessions for murder, manslaughter, or arson, it shall be transmitted by the clerk to the district court sitting in the county, for trial; except when the indictment is found against a person holding the office of district judge, when it shall be transmitted to the district court of such other district as the court of sessions may direct.

54 [1854.] Indictments found in the court of sessions shall be transmitted to the district court sitting in the county, for trial, in the following cases:

1st. Whenever a judge or justice of the court of sessions is by law disqualified from hearing or trying the same.

2d. Indictments found against a member of the court of sessions, or any justice of the peace of the county.

55. The court of sessions, except in the counties in which a board of supervisors is established, shall also have power and jurisdiction in its county:

1st. To make orders respecting the property of the county, in conformity with any law of this state, and to take care of and preserve such property.

2d. To examine, settle and allow all accounts legally chargeable against the county, and to direct the levying such per centage on the assessed value of real and personal property in the county as may be authorized by law.

3d. To examine and audit the accounts of all officers having the care, management, collection and disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit.

4th. To control and manage public roads, turnpikes, ferries, canals and bridges within the county, where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect.

5th. To divide the county into townships, and to create new townships and to change the divisions of the same, as the convenience of the county may require.

6th. To establish and change election precincts.

7th. To control and manage the property, real and porsonal, belonging to the county, and to receive by donation any property for the use and benefit of the county.

8th. To purchase any real and personal property necessary for the use of the county; provided, the value of such real property be previously estimated by three disinterested persons, to be appointed for that purpose by the district court of the county.

9th. To sell and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same. 10th. To cause to be erected and furnished a court-house, jail, and such other public buildings as may be necessary, and the same to be kept in repair; provided, that the erection of such court-house, jail, and other public buildings, be let out, after one month's previous publication, in each case, of a readiness to receive proposals therefor, to the lowest bidder, who will give good and sufficient security for the completion of any contract which may be made respecting the same.

11th. To ascertain and determine with a jury, or by consent of parties, without a jury, the just compensation to be made to the owners of private property taken for public use.

12th. To do and perform all such other acts and things as may be requisite and necessary to the full discharge of the powers and jurisdiction conferred on the court.

1. All powers which are not judicial are unconstitutional, when conferred upon the

court of sessions. Burgoyne v. Supervisors of San Francisco county, 5 Cal. 9; Phelan v. County of San Francisco, 6 Cal., 531.

2. The powers conferred on the courts of sessions have been subsequently conferred on the board of supervisors in each county. Statutes of 1855, 51.

56. When any bay, river, stream, creek or slough separates two counties, the court of sessions of the county lying on the left bank descending such bay, river, stream, creek or slough, shall have the jurisdiction of the same, so far as the control and management of bridges and ferries are concerned, but all sums paid for licenses to construct any bridges, or to run any ferries over such river, stream, creek, or slough, shall be divided equally between the two counties.

57. All accounts, vouchers, papers, petitions and documents relating to the business or property of the county, shall be appropriately arranged under their several heads, filed in the office of the county clerk, and preserved separate from the papers and documents of the court, as a court having criminal jurisdiction.

58. The orders, judgments and proceedings of the court when sitting for the transaction of county business shall be entered by the clerk, in separate books to be kept for that purpose.

59. [1854, 1855.] A term of the court of sessions shall be held at the county seat in each county on the first Monday of February, April, June, August, October and December of each year, excepting the county of Calaveras, where the terms of said court shall be held on the second Monday of January, March, May, July, September and November, and excepting also the county of Placer, where the terms of said court shall be held on the second Monday of February, May, August and November in each year, and shall continue until the commencement of the next term, unless all the business of the court be sooner disposed of. Special terms of the court may also be held whenever, in the opinion of the county judge, the public interests require the same.

Special acts have frequently been passed creating different terms in many counties. See table, p. 8.

60. Until a court-house be erected for the county, this court may direct the sheriff to furnish a suitable room for holding the court, and the expenses thereof shall be a county charge. This court may, also,