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PART I.

OF COURTS OF JUSTICE.

TITLE I. COURTS OF JUSTICE-THEIR ORGANIZATION, JURIS

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TITLE II. JUDICIAL OFFICERS. §§ 156-187.

TITLE III. PERSONS INVESTED WITH JUDICIAL POWERS. §§ 190

259.

TITLE IV. MINISTERIAL OFFICERS OF COURTS OF JUSTICE. 60 262-271.

TITLE V.

PERSONS INVESTED WITH MINISTERIAL POWERS. $§ 275-304.

TITLE I.

OF THEIR ORGANIZATION, JURISDICTION AND TERMS.

CHAPTER I. OF COURTS OF JUSTICE IN GENERAL. 66 33-34.
II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS.

§§ 35-38.

III. OF THE SUPREME COURT. §§ 40-50.
IV. OF THE DISTRICT COURTS. §§ 54-78.
V. OF THE COUNTY COURTS. §§ 82-90.
VI. OF THE PROBATE COURTS. §§ 94-100.

VII. OF THE MUNICIPAL CRIMINAL COURT OF SAN FRAN-
CISCO. §§ 104-110.

VIII. OF JUSTICES' COURTS. §§ 112-118.
IX. OF POLICE COURTS. § 121.

X. GENERAL PROVISIONS RESPECTING COURTS OF JUS-
TICE. 66 124-152.

CHAPTER I.

COURTS OF JUSTICE IN GENERAL.

SECTION 33. The several Courts of this State.

34. Courts of Record.

§ 33. The following are the courts of justice of this State: 1. The court for the trial of impeachments.

2. The supreme court. 3. The district courts.

4. The county courts.

5. The probate courts.

6. The municipal criminal court of San Francisco. 7. The justices' courts.

8. The police courts.

Based upon Stat. 1863, p. 333, adding Municipal Criminal Court, (Stat. 1869-'70, p. 528), and substituting "police courts" for "recorders," etc. Of courts in general and their jurisdiction. 1 Cal. 485; 2 Cal. 74, 308: 3

Cal. 130; 4 Cal. 368; 5 Cal. 43, 195, 237; 6 Cal. 143, 359, 685; 7 Cal. 65, 54; 8 Cal. 26, 562; 9 Cal. 607, 697; 10 Cal. 49; 12 Cal. 128, 306; 13 Cal. 24; 16 Cal. 432; 17 Cal. 547; 19 Cal. 210, 374; 21 Cal. 415, 438; 23 Cal. 585; 25 Cal. 49; 27 Cal. 163; 30 Cal. 435, 439; 31 Cal. 342; 32 Cal. 241; 33 Cal. 279, 505. Hahn vs. Kelley, 34 Cal. 391; 37 Cal. 69, 268, 458; 38 Cal. 393; 39 Cal. 157.

34. The courts enumerated in the first six subdivisions of the preceding section are courts of record.

CHAPTER II.

OF THE COURT FOR THE TRIAL OF IMPEACHMENTS.

SECTION 35. Members of the court.

36. Jurisdiction.

37. Officers of the court.

38. Trial of impeachments provided for in penal code.

35. The court for the trial of impeachments is composed of the members of the senate, or a majority of them

§ 36. The court has power to try impeachments, when presented by the assembly, of the governor, lieutenant-governor, secretary of state, controller, treasurer, attorneygeneral, surveyor-general, justices of the supreme court and judges of the district courts, for any misdemeanor in office Const. art. 4, § 18.

37. The clerk and officers of the senate are the clerk and officers of the court.

38. Proceedings on the trial of impeachments are provided for in the penal code.

See penal code, chapter 1, title II, part II.

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42.

Jurisdiction of two kinds.

43. Original jurisdiction.

44. Appellate jurisdiction.

45. May reverse, affirm or modify, etc., remittitur.

46. Number of judges necessary for the transaction of

business.

47. Number to pronounce judgment.

48.

Court always open for certain purposes. 49. Terms, when held, additional terms.

50. Terms, where held.

40. The supreme court consists of a chief justice and four associate justices, elected at the judicial elections, and holding their offices for the term of ten years from the first day of January next after their election.

Const. art. 6, §§ 2-3, Stat. 1863, 333. 2 Cal. 198, 610.

The eligibility and residence of justices is provided for in § 156.

Ø 41. The justice having the shortest term to serve is the chief justice. Stat. 1863, 323.

An Act to determine who must act as Chief Justice of the Supreme Court.

SECTION 1. That Justice of the Supreme Court, elected by the people, who has the shortest term to serve under his commission is the Chief Justice after the expiration of the term of the present Chief Justice.

SEC. 2. In case two or more of the Justices of the Supreme Court shall be equally entitled to the office of Chief Justice after the expiration of the term of the present Chief Justice, and neither of the two shall voluntarily and in writing waive his right to be such Chief Justice, then such Justices shall determine by lot which of them shall hold such office, and a record of the allotment or waiver shall be entered in the minutes of the Court, and a certified copy thereof shall be transmitted to the Secretary of State and be filed in his office.Approved March 14, 1872. Statute 1871-2, p. 364.]

42.

The jurisdiction of this court is of two kinds :

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