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Amuses 21 to 59

Court commissioners at Truckee.

SEC. 3. The judges of the courts herein specified are authorized, if in their judgment it be necessary, to appoint court commissioners at the town of Truckee, who may make such orders and transact such business as said judges are by law authorized to do in chambers; provided, that all such business must be approved by the judges of said courts.

An Act to amend the foregoing act of March 30, 1872.

Approved March 20, 1874; 1873-4, 503.

[SECTION 1 Contained the amendment to section 1 of the foregoing act therein inserted.]

Special venire.

SEC. 2. Said district, county, and probate judges are hereby empowered to order a special venire to issue for trial jurors in all civil and criminal cases that said judges may order to be tried at said town of Truckee.

SEC. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 4. This act shall take effect immediately.

10,072. Fifteenth district.

SEC. 72. In the fifteenth judicial district, terms of the district court must be held as follows:

In the county of Contra Costa, on the third Tuesday of April, July, and November;

In the city and county of San Francisco, on the first Monday of March, June, September, and December.

10,073. Sixteenth district.

SEC. 73. In the sixteenth judicial district, terms of the district court must be

held
as follows:

In the county of Alpine, on the first Monday of April and October; In the county of Inyo, on the first Monday of May and November; In the county of Kern, on the third Monday of May and November; Iu the county of Mono, on the third Monday of April and October; 10,074. Seventeenth district.

SEC. 74. In the seventeenth judicial district, terms of the district court must be held as follows:

In the county of Los Angeles, on the first Monday of February, May, August, and November;

In the county of San Bernardino, on the first Monday of January, June, and September;

In the county of San Diego, on the first Monday of April, July, and October. [The seventeenth judicial district does not now include San Bernardino and San Diego counties; but they are in the eighteenth, and the terms in them are indicated below:]

Eighteenth district.

[The terms of the district court of this district were provided for by the third section of "An act to create the eighteenth judicial district and for other purposes," approved February 20, 1872; 1871–2, 116; and given ante, 142. The section referred to is as follows:]

SEC. 3. The terms of the district court of the eighteenth judicial district during each year shall commence as follows:

In the county of San Diego, on the third Monday of January, April, July, and October;

In the county of San Bernardino, on the second Monday of March, June,

10,074

CODE OF CIVIL PROCEDURE.

September, and December. [Amendment, approved March 16, 1876; 1875 6, 311; took effect from passage. (a)

Nineteenth district.

[The terms of the district court of this district were provided for by the fifteenth section of "An Act creating the nineteenth and twentieth judicial districts, and defining the third, fourth, twelfth, and fifteenth judicial districts," approved March 8, 1872; 1871-2, 301; and given ante, 142. The section referred to is as follows:]

SEC. 15. The terms of the district court of the nineteenth judicial district shall commence on the second Monday of April, August, and December of each year.

Twentieth district.

[The terms of the district court of this district were provided for by the thirteenth section of the act last above cited. It is as follows:]

SEC. 13. The terms of the district court of the twentieth judicial district shall commence as follows:

In the county of Santa Clara, on the first Monday of January, May, and September of each year;

In the county of Santa Cruz, on the second Monday of February, June, and October of each year;

In the county of Monterey, on the third Monday of March, July, and November of each year.

[The new county of San Benito, formed out of the eastern portion of Monterey county, was attached to the twentieth judicial district by the act creating such new county; and the terms of the district court in that county were fixed by a supplemental act of March 18, 1874; 1873-4, 428, to be held on the first Mondays of April, August, and December of each year.]

Twenty-first district.

[The terms of the district court of this district were provided for by the third section of "An Act to create the twenty-first judicial district," approved February 15, 1876; 1875-6, 58; and given ante, 142. The section referred to is as follows:]

SEC. 3. In the twenty-first judicial district the terms of the district court shall be held as follows:

In the county of Modoc, on the first Monday of February, May, August, and November;

In the county of Lassen, on the third Monday of February, May, August, and November;

In the county of Plumas, on the second Monday of March, first Monday of June, September, and December.

Twenty-second district.

[The terms of the district court of this district were provided for by the third section of "An Act to create the twenty-second judicial district," approved March 29, 1876; 1875-6, 528; and given ante, 142. The section referred to is as follows:]

SEC. 3. In the twenty-second judicial district the terms of the said court shall be as follows:

In the county of Marin, on the third Monday of March, July, and November. In the county of Mendocino, on the second Mondays of April, August, and

December;

In the county of Sonoma, on the first Monday of May and September, and the first Monday of February.

(a) The original section had "second" instead of "third." It had an additional sentence as follows: "Said terms shall continue until the time fixed for

holding a term in another or the same county in the district, if the business of the court shall require it."

Ameow2/ 40 34

An Act authorizing the board of supervisors of the city and county of San Francisco to provide suitable rooms, attendants, fuel, lights, and stationery for the third and nineteenth district courts in and for the city and county of San Francisco and the county of Alameda.

Approved March 30, 1872; 1871-2, 772.

Rooms, furniture, etc., for third and nineteenth district courts.

SECTION 1. The board of supervisors of the city and county of San Francisco is hereby empowered to provide suitable and sufficient rooms, attendance, furniture, fuel, lights, and stationery for holding the district courts of the third and nineteenth judicial districts, in and for said city and county, and the expenses thereof shall be paid by the treasurer of said city and county, after having been audited by the auditor thereof, from the general fund of the county.

SEC. 2. This act shall take effect immediately after its passage.

10,075. Terms of the district courts, where held.

SEC. 75. The terms of the district courts must be held at the county seats of the several counties.

10,076. Duration of terms.

SEC. 76. Each term must be held for such period as in the opinion of the court may be necessary for the transaction of business, having due regard to the business pending in the court in other counties of the district. For the purpose of hearing and determining actions in equity, and special proceedings of a civil nature, motions for new trials, motions for and to dissolve or modify injunctions, motions to set aside or vacate orders of arrest and writs of attachment, and for the entry of orders and judgments, this court is always open. [Amendment, approved March 24, 1874; Amendments 1873-4, 281; took effect July 1, 1874.(a)

10,077. Adjournment of the court.

SEC. 77. The court may adjourn from time to time during the term, and may, when the public convenience requires, adjourn the term over the time fixed by law for the commencement of another term in the same district.

10,078. Judgments may be entered in vacation.

SEC. 78. Judgments and orders of this court may be entered either in term or vacation.

CHAPTER V.

OF THE COUNTY COURTS.

10,082. Court in each county.

SEC. 82. There must be a county court held in each of the counties, by the county judge thereof.

10,083. Judges, election and terms of.

SEC. 83. The county judge is elected by the electors of the county, at the judicial elections, and holds his office for the term of four years from the first day of January next succeeding his election.

10,084. Jurisdiction of two kinds.

SEC. 84. The jurisdiction of this court is of two kinds:

1. Original; and,

2. Appellate.

10,085. Original jurisdiction—County courts.

SEC. 85. Its original jurisdiction extends:

1. To actions to prevent or abate a nuisance;

(a) Original section:

SEC. 76. Each term must be held until the business

is disposed of, or until a day fixed for the commencement of some other term in the district.

10,085 10,088

CODE OF CIVIL PROCEDURE.

2. To actions of forcible entry and detainer;

3. To proceedings in insolvency;

4. To all special cases or proceedings in which the law, giving the remedy or authorizing the proceedings, confers the jurisdiction upon it;

5. To the issuance of writs of habeas corpus, and all writs necessary to the exercise of its powers;

6. To inquire, by the intervention of a grand jury, of all public offenses committed or triable in the county; and except in the city and county of San Francisco;

7. To the trial of all indictments, except for treason, misprision of treason, murder, and manslaughter. [Amendment, approved March 24, 1874; Amendments 1873-4, 282; took effect July 1, 1874.(^)

10,086. Appellate jurisdiction.

SEC. 86. Its appellate jurisdiction extends to all cases arising in justices' or police courts.

10,087. Presumptions in favor of judgments, etc.

SEC. 87. The proceedings of this court are construed in the same manner, and with like intendments, as the proceedings of courts of general jurisdiction, and to its records, orders, judgments, and decrees there is accorded like force, effect, and legal presumptions as to the records, orders, judgments, and decrees of district courts

10,088. Terms of the county courts for the respective counties.

SEC. 88. The terms of the county courts in the respective counties must be held as follows:

In the county of Alameda, on the first Monday of January, April, and July, and third Monday of September;

In the county of Alpine, on the first Monday of February, June, and October; In the county of Amador, on the first Monday of February, May, August, and November;

[The above provision as to Amador county was superseded by "An Act to fix the terms of the county and probate courts in and for the county of Amador," approved March 23, 1876; 1875-6, 403; given at the end of this section.]

In the county of Butte, on the first Monday of January, March, May, July, September, and November;

In the county of Calaveras, on the first Monday of March, June, September, and December;

[The above provision as to Calaveras county was superseded by "An Act to fix the terms of the county and probate courts in the county of Calaveras," approved March 7, 1876; 1875-6, 148; given at the end of this section.]

In the county of Colusa, on the third Monday of January, April, July, and October;

[The above provision as to Colusa county was superseded by "An Act to provide for the time of holding terms of the county court and probate court in the county of Colusa," approved February 24, 1874; 1873-4, 155; given at the end of this section.]

In the county of Contra Costa, on the first Monday of March, August, and November;

In the county of Del Norte, on the first Monday of April, July, and October; In the county of El Dorado, on the second Monday of March, June, September, and December;

(a) The original section in the fifth subdivision had, between writs of" and "habeas corpus," the words mandate, review, prohibition." In the sixth subdi

vision it did not have the words "and except in the city and county of San Francisco."

COURTS AND JUDICIAL OFFICERS.

10,088

[The preceding provision as to El Dorado county was superseded by "An Act to fix the terms of the county court in the county of El Dorado," approved March 28, 1876; 1875-6, 522, given at the end of this section.]

In the county of Fresno, on the first Monday of January, March, May, July, September, and November;

In the county of Humboldt, on the first Monday of January, March, May, July, September, and November;

In the county of Inyo, on the first Monday of January, March, May, July, September, and November;

In the county of Kern, on the first Monday of January, March, May, July, September, and November;

In the county of Klamath, on the first Monday of April, July, and October; In the county of Lake, on the first Monday of January, April, July, and October;

In the county of Lassen, on the first Monday of February, May, August, and November;

In the county of Los Angeles, on the first Monday of January, March, May, July, September, and November;

In the county of Marin, on the third Monday of March, June, September, and December;

[The above provision as to Marin county seems to have been superseded by "An Act to amend an act entitled An Act changing the terms of the county court and probate court in the county of Marin, approved February 9, 1866," approved March 31, 1876; 1875-6, 594, given at the end of this section. It will be noticed that the act of 1866, so amended, had been superseded by the code, and it is difficult to understand why the desired change should have been thus put in the form of an amendment at all.]

In the county of Mariposa, on the first Monday of January, March, May, July, September, and November;

In the county of Mendocino, on the first Monday of March, June, September, and December;

In the county of Merced, on the first Monday of January, March, May, July, September, and November;

[The above provision as to Merced county was superseded by "An Act to fix the terms of the county and probate courts in the county of Merced," approved March 11, 1876; 1875-6, 215; given at the end of this section.]

[In the county of Modoc, the terms of the county court commenced on the first Monday in February, June, and October, as provided in section 4 of the act of February 17, 1874; 1873-4, 124, creating that county. See ante, 3919. That provision has been superseded by "An Act to fix the terms of the county and probate courts in and for the county of Modoc," approved March 9, 1875–6, 171; given at the end of this section.]

In the county of Mono, on the first Monday of January, May, and September; In the county of Monterey, on the second Monday of January and July, and third Monday of March and September;

[The above provision as to Monterey county was superseded by "An Act to fix the terms of the county court of the county of Monterey," approved March 30, 1872; 1871-2, 760; given at the end of this section.]

In the county of Napa, on the first Monday of March, September, and December, and third Monday of June;

In the county of Nevada, on the first Monday of February, May, August, and November;

[See also provision for holding the county court in certain cases at the town of Truckee, in "An Act regulating proceedings in courts of record of Nevada

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