Eighth. To purchase any real and personal property necessary for the use of the county: Provided, that 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.

Ninth. 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.

Tenth. To cause to be erected and furnished a courthouse, 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 propopals 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.

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

Twelfth. 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. Laws of 1853, ch. 6, s. 55, p. 295.

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 the 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. Ib. s. 56.

COUNTY COURTS.

These courts have jurisdiction to hear and determine all civil causes appealed thereto, from a justice's, mayor's, or recorder's court in the county.

These courts have original civil jurisdiction in all actions

to enforce the lien of mechanics and others; in actions to prevent or abate any nuisance; 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 seamens' wages for a voyage performed in whole or in part, without the waters of this state; and in proceedings in case of insolvency, and to review the proceedings of an inferior tribunal or office on the writ of certiorari; and they may issue writs of certiorari and mandate to such inferior tribunals and officers in the cases provided by law. (a)

THE SUPERIOR COURT OF THE CITY OF SAN FRANCISCO.

The original jurisdiction of this court extends to all civil cases in which the amount in controversy is over two hundred dollars, exclusive of interest, or which involves the title or possession of real property situated in the city of San Francisco, and is concurrent with the district court.

DISTRICT COURTS.

The jurisdiction of these courts is of two kinds, original and appellate.

Original extends to all civil cases where the amount in dispute exceeds two hundred dollars, exclusive of interest, and to all criminal cases not otherwise provided for. In cases involving the title of real property, and in issues of fact, joined in the probate court, their jurisdiction is unlimited.(b)

The appellate jurisdiction extends to reviewing upon appeal a final judgment of a county court, in an action or special proceeding commenced therein. And to reviewing, upon the appeal, any intermediate order involving the merits and necessarily affecting the judgment.

A judgment of the county court rendered on appeal from a justice's or recorder's court. A judgment of a court of sessions in a criminal action.

An order granting or refusing a new trial in an action or proceeding commenced in a county court, or in the court of

(a) Laws of 1853, c. 180, p. 292, 294. (0) Laws of 1853, c. 180, p. 289, et seq.

sessions, or which affects a substantial right in such action or proceeding. An order or judgment of a probate court in cases prescribed by statute.

The criminal jurisdiction of these courts extends to all cases of indictments for murder, manslaughter, or arson, except where the person indicted holds the office of district judge. And all cases of indictments against members of the court of sessions, or justices of the peace.(a)

THE SUPREME COURT.

The jurisdiction of this court extends to appeals in all cases where the matter in dispute exceeds two hundred dollars, where the legality of any tax, toll, or import, or municipal fine is in question, and in all criminal cases, amounting to a felony, on questions of law alone.(b)

The supreme court shall have jurisdiction to review upon appeal :

First. A judgment, in an action or proceeding commenced in the district courts, county courts, when the matter in dispute exceeds two hundred dollars, or when the possession of land or tenements is in controversy, or in the superior court of the city of San Francisco, or brought into those courts from another court, and to review upon the appeal from such judgment, any intermediate order involving the merits and necessarily affecting the judgment.

Second. An order, granting or refusing a new trial, sustaining or overruling a demurrer, or affecting a substantial right in an action or proceeding.(c)

This court may reverse, affirm or modify the judgment or order appealed from in the respect mentioned in the notice of appeal, as to any or all of the parties, and may set aside, confirm, or modify any or all of the proceedings subsequent to and dependent on such judgment or order, and may, if necessary or proper, order a new trial, when the judgment or order is reversed or modified. This court may make complete restitution of all property and rights lost by the erroneous judgment or order.(d)

(a) 2 California Statutes, 245.
(b) Laws of 1853, c. 180, p. 288.

(c) Laws of 1853, c. 2, s. 6, p. 288. (d) Laws of 1853, c. 180, p. 289.

CHAPTER II.

PRACTICE IN THE COURTS OF CALIFORNIA.

By the laws of California, the distinction between courts. of law and chancery, and the different forms of practice and the names of actions in those courts, as practiced in England and many of the states of this Union, are still swept away; and the practice and proceedings before our courts are rendered simple and easy, and brought to the understanding of the people.

There is but one form of action in civil cases.

The person having the right to redress against another, is the plaintiff, and the person from whom that is to be obtained is the defendant.

THE PLAINTIFF.

The action must be prosecuted by the real party in interest, except in cases of an executor or administrator; a trustee of an express trust, or a person expressly authorized by statute to sue. The father or mother of a child that has been injured or killed; the guardian of his ward, who has been injured or killed, and those who are united in interest, in the matter of the suit, should be joined as plaintiffs; but in case there are some who refuse, the rest can sue and make those who refuse to become party plaintiffs, party defendants with those who are the proper defendants, by charging the fact in the complaint. Where there is a question of common or general interest to many persons, or the parties are numerous and it is impracticable to bring them all into court, the action can be brought by one for the benefit of all. And in case of the death or other disability of the plaintiff, after the action has been commenced, the court is to allow the representative or successor in interest to prosecute the action; and in

case of the transfer of the plaintiff's interest in the subject matter of the action after the same has been commenced, the court on motion may continue the action in the name of the original party, or allow the assignee to be substituted in his place.(a)

THE DEFENDANTS.

Any person who claims an interest in the subject matter of the controversy, adverse to the plaintiff, may be made a party by the plaintiff, but all persons who have an interest in the controversy, adverse to the plaintiff, and who are necessary parties to a complete determination or settlement of the question involved in the action must be made parties. Where, however, the question is one of a common or general interest to many persons, and the parties defendants are numerous, and it is impracticable to bring them all before the court, one or more may defend for the benefit of all; and in cases where persons are severally liable upon the same obligation or instrument, the plaintiff may sue one or all, as he shall determine; and in case of the transfer of the interest in the subject matter of the action by one or all of the defendants, after the action is commenced, the action is to be continued in the name of the original party, or the court will substitute the assignee; and in case of the death or other disability of the defendant or defendants, the court on motion is to allow the representative or successor in interest to defend in place of the original party.(b)

AS TO MAKING NEW PARTIES BY THE COURT.

The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but in case a full and complete judgment of the court cannot be pronounced in the action without the presence of other parties, it is the duty of the court to order them to be brought in.(c)

(a) 2 California Statutes, 51. (b) 2 California Statutes, 52.

(c) 2 California Statutes, 53.