required to be issued, signed or certified by said justice of the peace may be signed, issued or certified by said clerk, and all complaints, answers and other papers required to be filed in said justice's court may be filed with such justice's clerk, and such clerk shall be authorized and is empowered to make entry in the official docket and other books required to be kept by said justice of the peace, of the actions and proceedings in said court, and such clerk shall have all the powers of justice's clerks now or hereafter provided by law.-1919-35.

103e. In every city or town of the second class each justice of the peace of said city shall have a clerk who shall be appointed by each justice of the peace and who shall hold office during the pleasure of said justice. Said clerks shall be appointed immediately upon this act taking effect and shall take the oath of office prescribed for county officers, and each one shall give a bond in the sum of one thousand dollars conditioned for the faithful discharge of the duties of the office, which bond shall be approved and filed in the same manner as are bonds of county officers. Each of said justice's clerks shall be authorized to administer oaths, take and certify affidavits and shall be authorized to issue, and sign writs, summons and all other processes in any action proceeding in the justice's court of the city for which they are appointed or pending before any justice of the peace in said city in the name of the justice before whom the same is pending or out of whose court the same is issued, which shall be in substantially the following form:

or

All legal papers of every kind in actions or proceedings in the justice's court shall be issued by each of said clerks in the manner and form hereinabove set out. The said justice's clerks shall issue, sign or certify to any and all papers, transcripts or records which are required to be issued, signed or certified by the said justices of the peace. All complaints, answers, and all other pleadings and papers required to be filed in said justice's court shall be filed with either one of the clerks, of said court who shall keep a permanent record of all such actions and proceedings in the justice's docket, now provided by law to be kept by the justice. The said clerks shall keep a record of the proceedings of said court and shall have the custody of all records and papers of the same. All fees for the issuance of all processes, or other fees, which are by law allowed for any official service of the justice of the peace shall be exacted and paid in advance into the hands of the clerk of said justice's court, which, together with all fees, fines, forfeitures or penalties received in said justice's court shall be paid into the city treasury. Each of the said clerks shall render each month to the city council an exact and detailed account under oath, of all fines, forfeitures, penalties or fees received. Each justice's clerk shall also act as a clerk of the police court of said city and the compensation provided for the clerk of said police court shall be in full compensation for all services rendered as clerk of the justice's court. Each justice's clerk shall be in attendance at his office in the discharge of official business daily from nine a. m. until five p. m.-1919-321.

1032. Every city justice's court in any city or town of the second and one fourth, second and one-half, second and three-fourths and

third classes shall have a clerk, who shall be appointed by the justice of the peace of said court, subject to the approval of the board of supervisors of the county, and shall hold office during the pleasure of said justice. Said clerk shall give a bond in the sum of five thousand dollars, with at least two sureties to be approved by the mayor, conditioned for the faithful discharge of the duties of his office. He shall keep a record of the procedings of said court, and issue all process ordered by the justices of said court, and receive and pay into the city treasury all fines, forfeitures and fees paid into said court. He shall render each month to the city council an exact account under oath of all fines, forfeitures and fees paid and collected. He shall prepare bonds, justify bail, when the amount has been fixed by the court or justice, and may administer and certify oaths and shall remain in the courtrooms of said court during court hours and during such reasonable times thereafter as may be necessary for the proper performance of his duty. He shall have custody of all records and papers of said justice's court. Every clerk of the justice's court in any city or town of the second and one-fourth class shall receive a salary of one thousand six hundred dollars per annum. Every clerk of the justice's court in any city or town of the second and one-half class shall receive an annual salary of two thousand one hundred dollars. Every clerk of the justice's court in any city or town of the second and three-fourths' class shall receive an annual salary of one thousand five hundred dollars. Every clerk of the justice's court in any city or town of the third class shall receive an annual salary of one thousand two hundred dollars; said salaries shall respectively be payable in equal monthly installments out of the treasury of said cities and said salaries shall be the full compensation for all services rendered by the clerks of said courts.-1921-1656.

104. A justices' court may be held at any place selected by the justice holding the same, in the township for which he is elected or appointed; and such court shall be always open for the transaction of business.-1880-34.

105. A justice of the peace of any township, or city, or city and county may hold the court of any other justice of the peace of any township, city and county, or city within the same county, at his written request, and while so acting shall be vested with all the powers of the justice for whom he so holds court. In which case the proper entry of the proceedings before the attending justice subscribed by him shall be made in the docket of the justice for whom he so holds the court; and the same shall be prima facie evidence of such proceedings, and form and become a part of the record of any, or any part of any and all actions, causes, or proceedings had before such attending justice while so holding the court.-1897-8.

106. The civil jurisdiction of justices' courts extends to the limits of the townships in which they are held; but mesne and final process of any justice's court in a county may be issued to and served in any part of the county.-1880-34.

107. The justices of the peace elected in the townships at the general state election of eighteen hundred and seventy-nine, or persons appointed to fill their places, are successors of the justices of the peace of the townships, respectively, who held office at the time of such election; and, in case the townships of any county

are hereafter changed or altered, the board of supervisors of such county shall make provision as to what justices shall be successors of the justices of townships so changed or altered.

-1880-34.

ARTICLE III.

Section

Justices of the Peace and Justices' Courts in General.

110. Terms of office.

111. Vacancies.

112. Civil jurisdiction.

Section

113. Concurrent jurisdiction.
114. Civil jurisdiction restricted.

110. The term of office of justices of the peace shall be four years from and after twelve o'clock meridian on the first Monday after the first day of January next succeeding their election.

-1901-630.

111. If a vacancy occurs in the office of a justice of the peace, the board of supervisors of the county shall appoint an eligible person to hold the office for the remainder of the unexpired term. -1880-35.

112. The justices' courts shall have civil jurisdiction:

1. In actions arising on contract for the recovery of money only if the sum claimed, exclusive of interest, does not amount to three hundred dollars;

2. In actions for damages for injury to the person or for taking, detaining, or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or possession of the same, if the damage claimed do not amount to three hundred dollars;

3. In actions to recover the possession of personal property, if the value of such property does not amount to three hundred dollars;

4. In actions for a fine, penalty, or forfeiture, not amounting to three hundred dollars, given by statute, or the ordinance of an incorporated city and county, city, or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine;

5. In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not amount to three hundred dollars, though the penalty may exceed that sum;

6. To take and enter judgment for the recovery of money on the confession of a defendant, when the amount confessed, exclusive of interest, does not amount to three hundred dollars-1880-35.

113. The justices' courts shall have concurrent jurisdiction with the superior courts within their respective townships:

1. In actions of forcible entry and detainer, where the rental value of the property entered upon or unlawfully detained does not exceed twenty-five dollars per month, and the whole amount of damages claimed does not exceed two hundred dollars;

2. In actions to enforce and foreclose liens on personal property, where neither the amount of the liens nor the value of the property amounts to three hundred dollars.-1880-35.

114. Except as in the last preceding section provided, the

jurisdiction of the justices' courts shall not, in any case, trench upon the jurisdiction of the several courts of record of the state, nor extend to any action or proceeding against ships, vessels, or boats, for the recovery of seamen's wages for a voyage performed in whole or in part without the waters of this state.-1880-36.

121. Provided for in Political Code.

121. Police courts are established in incorporated cities and counties, cities and towns, and their organization, jurisdiction, and powers provided for in the Political Code, part four.-1880-36.

CHAPTER VII.

General Provisions Respecting Courts of Justice.

Article I. Publicity of Proceedings.

II.

III.

Incidental Powers and Duties of Courts.
Judicial Days.

IV. Proceedings in Case of Absence of Judge.

V. Provisions Respecting Places of Holding Courts.
VI. Seals of Courts.

124. The sittings of every court of justice shall be public, except as provided in the next section.-1880-36.

125. In an action for divorce, criminal conversation, seduction, or breach of promise of marriage, the court may direct the trial of any issue of fact joined therein to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel; provided, that in any cause the court may, in the exercise of a sound discretion, during the examination of a witness, exclude any or all other witnesses in the cause.-1880-36.

Section

ARTICLE II.

Incidental Powers and Duties of Courts.
Section

128. Powers respecting conduct of 130. Supreme court rules.

proceedings.

129. Courts of record rules.

131. Probation. Powers courts. Committees. Appointments. Officers.

128. Every court shall have power:

1. To preserve and enforce order in its immediate presence:

2. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;

3. To provide for the orderly conduct of proceedings before it, or its officers;

4. To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein;

5. To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;

6. To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code;

7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties;

8. To amend and control its process and orders so as to make them conformable to law and justice.-1880-37.

129. Every court of record may make rules not inconsistent with the laws of this state, for its own government and the government of its officers; but such rules shall neither impose any tax, charge or penalty upon any legal proceeding, or for filing any pleading allowed by law, nor give any allowance to any officer for services. -1913-90.

130. Rules adopted by the supreme court shall take effect sixty days, and rules adopted by superior courts, thirty days after their publication. When adopted they shall be spread upon the record of the court, printed and filed in the office of the clerk of the court.-1913-90.

131. 1. The judge of the superior court in and for each county or city and county of the state, or where there are more than one judge of said court, a majority of the judges thereof by an order entered in the minutes of such court, may appoint seven discreet citizens of good moral character, and of either sex, to be known as probation committee, and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed on said committee and thereupon said persons shall appear before the judge of said superior court in said county and qualify by taking oath, to be entered in the minutes of said superior court, to faithfully perform the duties of a member of such probation committee.

2. The members of such probation committee shall hold office for four years, and until their successors are appointed, provided that of those first appointed, one shall hold office for one year, two for two years, two for three years, and two for four years, the terms for which the respective members first appointed shall hold office to be determined by lot as soon after their appointment as may be. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, the successor shall be appointed to hold for the term of four years; when any vacancy occurs for any other reason, the appointee shall hold for the unexpired term of his predecessor.

3. The members of the probation committee shall serve without compensation.