Act providing that mayor in certain cities shall not act as justice: See post, Appendix, tit. "Courts." Creation of justices' courts in various places: See post, Appendix, tit. “Justices of the Peace." Clerks in cities of the third class. § 1032. Every city justice court in any city or town of the third class shall have a clerk, who shall be appointed by the justice 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 receive an annual salary of one thousand two hundred dollars, payable in equal monthly installments out of the treasury of said city, which salary shall be the full compensation for all services rendered by him; he shall keep a record of the proceedings of said court and issue all process ordered by the justice of said court, and receive and pay into the city treasury all fines, forfeitures and fees paid into said court. He shall also 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 said 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 court. Legislation 8 103. Added by Stats. 1909, p. 268. Courts, where held. § 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 busi ness. Legislation § 104. Added by Code Amdts. 1880, p. 34; based on original code §§ 112, 118, which were based on Stats. 1863, p. 340. Original code § 112 read: "Every justice of the peace must hold a justice's court in the town or city in which he is elected." And § 118 read: "These courts may be held at any place selected by the justice holding the same, in the township or city for which he is elected, and they are always open for the transaction of business." The original § 104 provided for the continuance of the municipal criminal court of San Francisco. Hours of justice: See ante, § 88. What justice may hold court for another. § 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. Legislation § 105. 1. Added by Code Amdts. 1880, p. 34, and then read: "A justice of the peace of any township may hold the court of any other justice of the peace of the same county, at his request, and while so acting shall be vested with the power 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." 2. Amended by Stats. 1897, p. 8. The original § 105 provided for the election of the judge of the municipal criminal court of San Francisco. Citations. Cal. 98/240: 116/507. App. 7/53. With respect to superior courts: See ante, § 71. Territorial extent of civil jurisdiction. § 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 justices' court in a county may be issued to and served in any part of the county. Legislation § 106. Added by Code Amdts. 1880, p. 34; based on original code § 116, which read: "The civil jurisdiction of justice's courts, within an incorporated city, extends to the limits of such city, or township in which the eity is situated. Mesne and final process of justices' courts may be issued to any part of the county in which they are held." This enactment was based on Stats. 1863, p. 340. The original § 106 defined the jurisdiction of the municipal criminal court of San Francisco. Citations. Cal. 66/443. Jurisdiction: See ante, § 94, and post, §§ 112 et seq. Process, where runs: See ante, § 94. What justices successors of others. § 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. Legislation 107. Added by Code Amdts. 1880, p. 34. The original § 107 defined presumptions in favor of judgments of municipal criminal court of San Francisco. Citations. Cal. 143/247. § 108. [Related to municipal criminal court of San Francisco.] Legislation @ 108. 1. Enacted March 11, 1872. 2. Repealed by Code Amdts. 1880, p. 21, in amending Part I. § 109. [Related to municipal criminal court of San Francisco.] Legislation 109. 1. Enacted March 11, 1872. 2. Repealed by Code Amdts. 1880, p. 21, in amending Part I. § 116. Term of office. Civil jurisdiction restricted. Criminal jurisdiction. [Repealed.] [Amended and renumbered section. §§ 117-119. Same.] § 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. Legislation § 110. 1. Enacted March 11, 1872, as § 113 (based on Stats. 1863, p. 340), and read: "Justices of the peace are elected by the electors of their respective townships or cities, at the judicial elections, and hold their offices for two years from the first day of January next following their election." 2. Amended by Code Amdts. 1877-78, p. 97, to read: "Justices of the peace are elected by the electors of their respective cities or townships at the general elections, and hold their offices for two years from the first day of January next following their election." 3. Amended by Code Amdts. 1880, p. 35, and renumbered § 110, and then read: "The term of office of justices of the peace shall be two years from the first day of January next succeeding their election; provided, that all justices of the peace elected at the general state election of eighteen hundred and seventy-nine shall go out of office at the end of one year from the first day of January, eighteen hundred and eighty." 4. Amended by Stats. 1901, p. 630. The original § 110 was the last section of chapter vii, and provided for officers and salaries of municipal criminal court of San Francisco. Citations. Cal. 58/561; 66/10; 67/633; 102/17; 133/76, 77. Vacancies. § 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. Legislation § 111. Added by Code Amdts. 1880, p. 35. Civil jurisdiction. § 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 eity 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. Legislation § 112. 1. Enacted March 11, 1872, as § 114, and then read: "The eivil jurisdiction of these courts within their respective townships or cities extends: 1. To an action arising on contract, for the recovery of money only, if the sum claimed, exclusive of interest, does not amount to three hundred dollars; 2. To an action for damages for injury to the person, or for taking or detaining personal property, or for injuring personal property, or for an injury to real property, where no issue is raised by the answer involving the plaintiff's title, or possession of the same, if the damages claimed do not amount to three hundred dollars; 3. To an action for a fine, penalty, or forfeiture, not amount. ing to three hundred dollars, given by statute or the ordinance of an incorporated city or town; 4. To an action upon a bond or undertaking conditioned for the payment of money, not amounting to three hundred dollars, though the penalty exceed that sum; the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it becomes due; 5. To an action to recover the possession of personal property, when the value of such property does not amount to three hundred dollars; 6. To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not amount to three hundred dollars." 2. Amended by Code Amdts. 1880, p. 35, and renumbered § 112. The original § 112 provided for the place of holding justices' courts. Citations. Cal. 60/427; 91/549; 97/97; 102/17; 111/422; 139/406; (subd. 1) 127/559; (subd. 2) 135/68; (subd. 4) 80 41; 69/557; 130/99. Local and special legislation with respect to jurisdiction of justice prohibited: Const. 1879, art. iv, § 25. Jurisdiction of justice's court: See post, § 838. Mandamus. Justice's court cannot issue: See post, § 1085. Certiorari. Justice's court cannot issue writ of: See post, § 1068. Confession of judgment in justices' courts: See post, § 1135. Transfer of cause to superior court, where certain questions involved: See post, § 838. Concurrent jurisdiction. § 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 twentyfive 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. Legislation § 113. Added by Code Amdts. 1880, p. 35. The original § 113 provided for terms and election of justices of the peace: See § 110, ante. Citations. Cal. 90/502; 130/98, 99; (subd. 1) 137/604. Concurrent jurisdiction: See Const., art. vi, § 11. Concurrent jurisdiction in action for forcible entry and detainer: See post, 1163. Forcible entry: See post, §§ 1159 et seq. Civil jurisdiction restricted. § 114. Except as in the last preceding section provided, the juris lie tion 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. Legislation § 114. 1. Enacted March 11, 1872, as § 115, and then read: "The jurisdiction conferred by the last section shall not extend, however: 1. To a civil action in which the title or possession of real property is put in issue; 2. Nor to an action or proceeding against ships, vessels, or boats, or against the owners or masters thereof, when the suit or proceeding is for the recovery of seamen's wages for a voyage performed in whole or in part without the waters of this state." 2. Amended by Code Amdts. 1873-74, p. 399, and the words "or against the owners or masters thereof" omitted. 3. Amended by Code Amdts. 1880, p. 36, and renumbered § 114. The original § 114 defined the civil jurisdiction of justices' courts: See § 112, ante. Citations. Cal. 55/267. Not to trench upon jurisdiction of courts of record: See Const., art. vi, § 11. § 115. [Related to criminal jurisdiction.] Legislation § 115. 1. Enacted March 11, 1872, as 117. 2. Amended by Code Amdts. 1873-74, p. 283. 3. Amended by Code Amdts. 1880, p. 36, and renumbered § 115 in amending Part I. 4. Repeal by Stats. 1901, p. 120; unconstitutional: See note, § 5, ante. 5. Repealed by Stats. 1907, p. 682; the code commissioner saying, "Repealed, as it related wholly to prosecution of public offenses, and its provisions were incorporated in the Penal Code, § 1425, as amended in 1905": Stats. 1905, p. 705. Citations. Cal. 60/104, 152; 66/4; 68/413; 93/236; 96/365; 97/528; 115/54; 153/168. App. 4/720. Act conferring power to act as police judges. Act of Stats. 1883, p. 63, was superseded by § 103, ante, as amended by Stats. 1901, p. 100. § 116. [Subject-matter amended, and section renumbered.] Legislation § 116. 1. Enacted March 11, 1872. 2. Repealed by Code Amdts. 1880, p. 21, in amending Part I. § 117. [Subject-matter amended, and section renumbered.] Legislation § 117. 1. Enacted March 11, 1872. 2. Amended by Code Amdts. 1873-74, p. 283. 3. Amended by Code Amdts. 1875-76. 4. Repealed by Code Amdts. 1880, p. 21, in amending Part I. Citations. Cal. 47/128; 53/413. § 118. [Subject-matter amended, and section renumbered.] Legislation § 118. 1. Enacted March 11, 1872. 2. Repealed by Code Amdts. 1880, p. 21, in amending Part I. |