1. Contract; or, 2. Operation of law. 1873–281. 27. An injury is of two kinds: 1. To the person; and, 2. To property. 28. An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. 29. Every other injury is an injury to the person. 30. A civil action is prosecuted by one party against another for the enforcement or protection of a right, or the redress or prevention of a wrong. 31. The Penal Code defines and provides for the prosecution of a criminal action. 32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. TITLE I. PART I. COURTS OF JUSTICE. ORGANIZATION AND JURISDICTION. II. JUDICIAL OFFICERS. III. IV. PERSONS SPECIALLY INVESTED WITH POWERS OF MINISTERIAL OFFICERS OF COURTS OF JUSTICE. V. PERSONS SPECIALLY INVESTED WITH MINISTERIAL TITLE I. Organization and Jurisdiction. Chapter I. Courts of Justice in General. II. Court of Impeachment. III. Supreme Court. IV. Superior Courts. Article I. Justices' Courts in Cities and Counties. III. VI. Police Courts. Article I. III. Justices of the Peace and Justices' Courts in General. General Provisions Respecting Courts of Justice. II. Incidental Powers and Duties of Courts. IV. Proceedings in Case of Absence of Judge. VI. Seals of Courts. CHAPTER I. Courts of Justice in General. 33. Courts of this state. 34. Courts of record. 33. The following are the courts of justice of this state: 1. The court of impeachments; 2. The supreme court; 3. The superior courts; 4. The justices' courts; 5. The police courts, and such other inferior courts as the legislature may establish in any incorporated city or town, or city and county.-1880--21. 34. The courts enumerated in the first three subdivisions of the last preceding section are courts of record. 1880-21. 36. The court of impeachment is the senate; when sitting as such court the senators shall be upon oath; and at least two thirds of the members elected shall be necessary to constitute a quorum. 1880-22. 37. The court has jurisdiction to try impeachments, when presented by the assembly, of the governor, lieutenant governor, secretary of state, controller, treasurer, attorney-general, surveyorgeneral, chief justice of the supreme court, associate justices of the supreme court, and judges of the superior courts, for any misdemeanor in office. 1880-22. 38. The officers of the senate are the officers of the court. 1880-22. 39. Proceedings on the trial of impeachments are provided for in the Penal Code. 1880-22. 40. Justices, elections, and terms 50. Jurisdiction. 40. The supreme court shall consist of a chief justice, and six associate justices, who shall be elected by the qualified electors of the state at large, at the general state elections next preceding the expiration of the terms of office of their predecessors respectively, and hold their offices for the term of twelve years from and after the first Monday after the first day of January next succeeding their election; provided, that of the justices elected at the general state election of eighteen hundred and seventy-nine, the chief justice shall go out of office at the end of eleven years, and the six associate justices shall have so classified, or shall so classify themselves, by lot, that two of them shall go out of office at the end of three years, two of them at the end of seven years, and two of them at the end of eleven years from the first Monday after the first day of January, eighteen hundred and eighty; and an entry of such classifica tion shall have been, or shall be made in the minutes of the court in bank, signed by them, and a duplicate thereof filed in the office of the secretary of state. 1880-22. 41. The years during which a justice of the supreme court is to hold office are to be computed respectively from and including the first Monday after the first day of January of any one year to and excluding the first Monday after the first day of January of the next succeeding year. 1880.-23. 42. If a vacancy occur in the office of a justice of the supreme court, the governor shall appoint an eligible person to hold the office until the election and qualification of a justice to fill the vacancy, which election shall take place at the next succeeding general election; and the justice so elected shall hold the office for the remainder of the unexpired term of his predecessor. 1880-23. 43. There shall be two departments of the supreme court, denominated respectively department one and department two. The chief justice shall assign three of the associate justices to each department, and such assignment may be changed by him from time to time; provided, that the associate justices shall be competent to sit in either department, and may interchange with one another by agreement among themselves, or if no such agreement be made, as ordered by the chief justice. The chief justice may sit in either department, and shall preside when so sitting; but the justices assigned to each department shall select one of their number as presiding justice. Each of the departments shall have the power to hear and determine causes and all questions arising therein, subject to the provisions in relation to the court in bank. The presence of three justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers; but one or more of the justices may adjourn from time to time with the same effect as if all were present, and the concurrence of three justices shall be necessary to pronounce a judgment; provided, that if three do not concur, the cause may be reheard in the same department, or transmitted to the other department, or to the court in bank. 1880-23. 44. The chief justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the court to be heard and decided by the court in bank. The order may be made before or after judgment pronounced by a department; but when a cause has been allotted to one of the departments, and a judgment pronounced therein, the order must be made within thirty days after such judgment, and concurred in by two associate justices; and if so made, it shall have the effect to vacate and set aside the judgment. Any four justices may, either before or after judgment by a department, order a cause to be heard in bank. If the order be not made within the time above limited, the judgment shall be final; provided, that no judgment by a department shall become final until the expiration of the period of thirty days aforesaid, unless approved by the chief justice in writing, with the concurrence of two associate justices. 1880-23. 45. The chief justice or any four justices may convene the court in bank at any time, and the chief justice shall be the presiding justice of the court when so convened. The presence of four justices shall be necessary to transact any business, and the concurrence of four justices present at the argument shall be necessary to pronounce a judgment in the court in bank; provided, that if four justices so present do not concur in a judgment, then all the justices qualified to sit in the cause shall hear the argument, but to render a judgment a concurrence of four justices shall be necessary; and every judgment of the court in bank shall be final, except in cases in which no previous judgment has been rendered in one of the departments, and in such cases the judgment of the court in bank shall be final, unless within thirty days after such judgment an order be made in writing, signed by five justices, granting a rehearing. 1880--24. 46. In case of the absence of the chief justice from the place at which the court in bank is held, or his inability to act, the associate justices shall select one of their own number to perform the duties and exercise the powers of the chief justice during such absence or inability to act. 1880-24. 47. The supreme court shall always be open for the transaction of business. It shall hold regular sessions for the hearing of causes, either in bank, or in one or both of its departments, at the capital of the state, commencing on the first Mondays of May and second Mondays of November; at the city and county of San Francisco, commencing on the second Mondays of January and third Mondays of July; and at the city of Los Angeles, commencing the first Mondays of April and second Mondays of October; and special sessions at either of the above-named places at such other times as may be prescribed by the justices thereof. The justices and officers of the supreme court shall be allowed their actual traveling expenses in going to and from their respective places of residence upon the business of the court, or to attend its sessions. If proper rooms in which to hold the court, and for the accommodation of the officers thereof, are not provided by the state, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court, or any three justices thereof, may direct the clerk of the supreme court to provide such rooms, attendants, furniture, fuel, lights and stationery; and the expenses thereof, certified by any three justices to be correct, shall be paid out of the state treasury, for which expenses, and to defray the traveling expenses of the justices and officers of the supreme court above mentioned, a sufficient sum shall be annually appropriated out of any funds in the state treasury not otherwise appropriated. The moneys so appropriated shall be subject to the order of the clerk of the supreme court, and be by him disbursed on proper vouchers, and the same shall be accounted for by him in annual settlements with the controller of state on the first Monday of December of each year. 1880-24. 48. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the court, or either of its departments, from sitting at any time. 1880–25. 49. In the determination of causes, all decisions of the supreme court in bank, or in departments, shall be given in writing, and the grounds of the decision shall be stated. 1880-25. 50. The jurisdiction of the supreme court is of two kinds: 1. Original; and, 2. Appellate. 1880-25. 51. In the exercise of its original jurisdiction the supreme court shall have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus; and it shall also have power to issue all other |