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writs necessary and proper to the complete exercise of its appellate jurisdiction. 1880-25.

52. The supreme court shall have appellate jurisdiction:

1. In all cases in equity, except such as arise in justices' courts. 2. In all cases at law 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 two thousand dollars.

3. In all such probate matters as may be provided by law.

4. In all cases, matters and proceedings pending before a district court of appeal which shall be ordered by the supreme court to be transferred to itself for hearing and decision.

5. In all criminal cases where the judgment of death has been rendered on questions of law alone. 1919-88.

52a. The district court of appeal shall have appellate jurisdiction: 1. In all cases at law upon appeal from the superior courts in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars and does not amount to two thousand dollars.

2. In all cases of forcible and unlawful entry and detainor (excepting such as arise in justices' courts), in proceedings in insolvency, and in actions to prevent or abate a nuisance; in proceedings of mandamus, certiorari, prohibition, usurpation of office, contesting elections, and eminent domain, and in such other special proceedings as may be provided by law (excepting cases in which appellate jurisdiction is given to the supreme court).

3. In all criminal cases prosecuted by indictment or information in a court of record upon questions of law alone, excepting criminal -cases where judgment of death has been rendered.

4. In all cases, matters, and proceedings pending before the supreme court which shall be ordered by the supreme court to be transferred to a district court of appeal for hearing and decision. 1919-87.

53. The supreme court may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or furthr proceedings to be had. The decision of the court shall be given in writing, and in giving its decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Its judgment in appealed cases shall be remitted to the court from which the appeal was taken. 1880-25.

54. The concurrence of three justices of the supreme court is necessary for the issuance of any writ, or the transaction of any business, except such as can be done at chambers; provided, that each of the justices shall have power to issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the supreme court, or any department, or judge thereof, or before any superior court in the state, or any judge thereof. 1880-25.

55. All records, books, papers, causes, actions, proceedings, and -appeals lodged, deposited, or pending in the supreme court abolished

by the constitution, are transferred to the supreme court herein provided for, which has the same power and jurisdiction over them as if they had been in the first instance lodged, deposited, filed, or commenced therein, or, in cases of appeal, appealed thereto.

1880-25.

56. In all cases of appeal transferred to the supreme court, its judgments shall be remitted to the superior courts of the counties, or cities and counties from which the appeals were taken respectively, with the same force and effect as if said cases had been appealed to the supreme court from such superior courts. 1880-26.

57. Appeals in probate proceedings and contested election cases shall be given preference in hearing in the supreme court, and be placed on the calendar in the order of their date of issue, next after cases in which the people of the state are parties. 1903-69.

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66. Counties having two or more judges.

67. Superior court, city and coun

ty of San Francisco.

Section

71. Superior courts, by judges of
other counties.

72. Pro tempore judges.
73. Sessions.

74. Adjournments.

67a. Superior court, Los Angeles 75. Jurisdiction of two kinds. county.

76. Original jurisdiction.

67b. Extra sessions of superior 77. Appellate jurisdiction.

court. Compensation.

68. Terms, office.

69. Computation of years of office. 70. Vacancies.

78. Process.

79. Transfer of books, papers and actions.

65. There shall be in each of the organized counties, or cities and counties of the state, a superior court, for each of which one judge, and for some of which two or more judges, as hereinafter in subsequent sections specially provided, shall be elected by the qualified electors of the county, or city and county, at the general state elections, next preceding the expiration of the terms of office of their predecessors respectively; provided, that in and for the counties of Yuba and Sutter combined, only one superior judge shall be elected, who shall hold the superior courts of both said counties, and in accordance with such rules for the dispatch of business in both said counties as he may adopt. 1880-26.

66. In each of the counties of Alameda, Los Angeles, Sacramento, San Joaquin, Santa Clara, and Sonoma, there shall be elected two judges of the superior court; and in each of said counties, and in any county, or city and county, other than the city and county of San Francisco, in which there shall be more than one judge of the superior court, the judges of such court may hold as many sessions of said court at the same time as there are judges thereof, and shall apportion the business among themselves as equally as may be. 1880-26.

67. In the city and county of San Francisco, there shall be sixteen judges of the superior court, any one or more of whom may hold

court; and there may be as many sessions of said court at the same time, as there are judges thereof. The said judges shall choose from their own number, a presiding judge, who may at any time be removed as presiding judge, and another chosen in his place by a vote of any nine of them. The presiding judge shall distribute the business of the court among the judges thereof, and prescribe the order of business, and perform such other duties as the judges of said court may by rule provide. The judgments, orders and proceedings of any session of the superior court, held by any one or more of the judges of said court, shall be equally as effective as if all of said judges of said court presided at such session.

Within ninety days after this act becomes a law, the governor shall appoint four judges of the superior court in the city and county of San Francisco, in addition to the twelve superior court judges already provided for by law, in and for said city and county of San Francisco, state of California, who shall hold office until the first Monday after the first day of January, 1915. At the next general election to be held in November, 1914, four additional judges of the superior court shall be elected in the city and county of San Francisco, who shall be successors of the judges appointed hereunder for the term prescribed by the constitution and by law. The salaries of the said additional judges shall be the same in amount and be paid in the same manner and at the same time as the salaries of the other judges of the superior court in and for the city and county of San Francisco, and now authorized by law. 1913-48.

67a. In counties of the first class there shall be twenty-eight judges of the superior court, any one or more of whom mav hold court, and there may be as many sessions of said court at the same time as there are judges thereof. The said judges shall choose from their own number, a presiding judge, who may at any time be removed as presiding judge and another judge chosen in his place by a vote of any fifteen of them. The presiding judge shall distribute the business of the court among the judges thereof, and prescribe the order of business and perform such other duties as the judges of the said court may by rule provide. The judgments, orders, and proceedings of any session of the superior court held by any one or more of the judges of the said court shall be equally as effective as if all the said judges of said court presided at such session. Within thirty days after this act goes into effect, the governor shall appoint five additional judges of the superior court in counties of the first class, in addition to the twenty-three superior court judges already provided by law in and for the said counties of the first class, who shall hold office until the first Monday after the first day of January, 1925. At the next general election to be held in November, A. D., 1924, five additional judges of the superior court shall be elected in counties of the first class who shall be successors of the judges appointed hereunder, to hold office for the term prescribed by the constittuion and by law. The salaries of the other judges shall be the same in amount and be paid in the same manner and at the same time as the salaries of the other judges of the said counties of the first class now authorized by law. 1923.

67b. Whenever, in the opinion of the judge or a majority of the judges of the superior court of any county, or city and county, the public interests so justify or require, one or more sessions of said superior court, to be known as extra sessions of said superior court, may be held in addition to and at the same time as the sessions of said court spoken of in sections numbered sixty-six and sixty-seven of this code.

Whenever the judge or a majority of the judges of the superior court of any county or city and county shall decide that an extra session of said court shall be held, said judge or a majority of said judges shall appoint the time when said extra session shall be held, but no extra session of any superior court shall continue beyond the thirty-first day of December of the year in which such session is established. The judge or a majority of the judges of said superior court shall likewise appoint a place, within the county seat of said county or city and county, where such extra session of said court shall be held, and shall have the same power and authority to provide a place for holding such extra session of said court as is had by a judge of a superior court to provide a place for holding a session of a superior court.

Whenever, in a county or city and county having but one judge of the superior court, said judge shall provide for an extra session of said court, he shall, at the time of so providing or from time to time during the continuance of said extra session, apportion to the judge who may preside over said extra session such portion of the business of said court as he may desire, and at the close of such extra session shall order such portions of said business so apportioned and not transacted to be transferred to himself.

Whenever, in any county or city and county having more than one judge of the superior court, a majority of .said judges shall provide for an extra session of said court, a majority of said judges, at the time of so providing or from time to time during the continuance of said extra session, shall order transferred to the judge who may preside over such extra session from the judges to whom they have been assigned according to law or the rules of said court, such portions of the business of said court as they may select; and, at the close of such extra session shall order retransferred to the judges of said court such portions of said business so transferred as shall not have been transacted. Except as above provided, any rules of any superior court relating to the transfer of any business from one judge of said court to another shall apply to the transfer of any business duly assigned to the judge presiding over any extra session from said judge to any judge of said court.

Whenever an extra session of the superior court of any county or city and county has been provided for, the judge or a majority of the judges of said superior court shall invite and authorize a judge of the superior court of some other county or city and county to hold and preside over such extra session, and upon such invitation and authorization such judge may so serve.

Upon the request of the judge or a majority of the judges of the superior court of any county or city and county, the governor of the state shall designate and authorize, to hold and preside over such extra session of the superior court of said county or city and county a judge of the superior court of some other county or city and county; and upon such designation and authorization by the governor such judge must so serve.

The judgments, orders, and proceedings of any extra session of any superior court, held in accordance with the provisions of this section, shall be equally effective as if any or all of the judges of said court presided at such session. Any judge or any number of judges of any superior court may hold and preside over any extra session of said court, with or without, the judge designated and authorized to hold and preside over said session. Any judge of any superior court may perform in connection with any business duly assigned to the judge presiding over any extra session of said court any act which he could perform in connection with any business assigned to any other judge of said court. Any judge, holding

or presiding over any extra session of a superior court, may perform in chambers or in court, in connection with any business duly assigned to him, any act which could be performed by any judge of said court, in chambers or in court, in connection with such business if duly assigned to himself; but no judge, holding or presiding over any extra session of any superior court, shall perform, in chambers or in court, any act in connection with any business that has not been duly assigned to him.

All provisions of the laws of this state applying to the compensation of a judge of a superior court, holding the superior court in a county other than his home county, shall apply to judges holding extra sessions of a superior court in any county other than his home county.-1909-1004.

68. The term of office of judges of the superior court shall be six years from and after the first Monday of January next succeeding their election; provided, that the twelge judges of the superior court elected in the city and county of San Francisco at the general state election of eighteen hundred and seventy-nine shall have so classified, or shall so classify themselves, by lot, that four of them shall go out of office at the end of one year, four of them at the end of three years, and four of them at the end of five years from the first Monday. of January, eighteen hundred and eighty; and the entry of such classification shall have been, or shall be, made in the minutes of the court, signed by them, and a duplicate thereof filed in the office of the secretary of state; and provided further, that all the other superior judges elected at the general state election of eighteen hundred and seventy-nine shall go out of office at the end of five years from the first Monday of January, eighteen hundred and eighty.--1880-27.

69. The years during which a judge of a superior court is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January of the next succeeding year.-1880-27.

70. If a vacancy occur in the office of a judge of a superior court, the governor shall appoint an eligible person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term.-1880-27.

71. A judge of any superior court may hold the superior court in any county, at the request of the judge or judges of the superior court thereof, and, upon the request of the governor, it shall be his duty to do so; and in either case the judge holding the court shall have the same power as a judge thereof.-1880-27.

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72. Any cause in a superior court may be tried by a judge pro tempore, who must be a member of the bar admitted to practice before the supreme court, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court, and sworn to try the cause; and his action in the trial of such cause shall have the same effect as if he were a judge of such court. judge pro tempore shall, before entering upon his duties in any cause, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the state of California, and that I will faithfully discharge the duties

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