] Jurisdic- Original jurisdic tion. Appellate jurisdic tion. May reverse, affirm, or etc.. 42. The jurisdiction of this Court is of two kinds: 1. Original; and, 2. Appellate. 43. Its original jurisdiction extends to the issuance of writs of mandate, review, prohibition, habeas corpus, and all writs necessary to the exercise of its appellate jurisdiction. 44. Its appellate jurisdiction extends: 1. To all civil actions for relief formerly given in Courts of equity; 2. To all civil actions in which the subject of litigation is not capable of pecuniary estimation; 3. To all civil actions in which the subject of litigation is capable of pecuniary estimation which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars; 4. To all special proceedings; 5. To all cases arising in the Probate Courts; and, 6. To all criminal actions amounting to felony, on questions of law alone. 45. The Court may reverse, affirm, or modify any order or judgment appealed from, and may direct the remittitur. proper judgment or order to be entered, or direct a new trial or further proceedings to be had. Its judgment must be remitted to the Court from which the appeal was taken. Number of Judges necessary for the transaction of business. 46. The presence of three Justices is necessary for the transaction of business, but one or more of the Justices may transact such business as can be done at chambers, and may adjourn the Court from day to day, with the same effect as if all were present. pronounce 47. The concurrence of three Justices is necessary Number to to pronounce a judgment; if three do not concur, the judgment. case must be reheard. always certain 48. For the purpose of issuing writs of mandate, Court review, prohibition, habeas corpus, and all writs neces- open for sary to the exercise of its appellate jurisdiction, filing purposes. opinions, and entering orders and judgments, this Court is always open and in session. when held. 49. There must be four terms in each year, for the Terms, hearing of causes, to commence on the second Monday of January, April, July, and October. terms may also be held by order of the Court. Additional Additional 50. The terms of this Court must be held at the Capital of the State. If proper rooms in which to hold the Court, and for the chambers of the Justices, are not provided by the State, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the Court may direct the Sheriff of the county in which it is held to provide such rooms, attendants, furniture, fuel, lights, and stationery; and the expenses thereof, certified by a majority of the Justices to be correct, must be paid out of the State Treasury. NOTE.-Stats. 1871-2, p. 391. An Act to regulate practice in the Supreme Court. [Enacting clause.] SECTION 1. Every civil cause on appeal in the Supreme Court must be decided, and the decision of the Court filed, within six months after the same is submitted; if not so decided, and the decision filed, the cause may, on notice of either party, of at least thirty days, to the adverse party, be again placed on the calendar for a reargument. SEC. 2. Every cause which shall have been pending on appeal in said Court, for a period of six months prior to the taking effect of this Act, and shall have been submitted, shall, on notice filed and served, by terms. Terms, where held either party, on the adverse party and the Clerk of the Court, thirty days before the commencement of the next succeeding term, be placed on the calendar for that term for reargument. Judicial districts. Court in each district. Judges, election and terms of. CHAPTER IV. OF THE DISTRICT COURTS. SECTION 54. Judicial districts. 55. Court in each district. 56. Judges, election and terms of. 57. Jurisdiction. 58. Terms of Court in the First District. 59. Second District. 60. Third District. 61. Fourth District. 62. Fifth District. 63. Sixth District. 64. Seventh District. 65. Eighth District. 66. Ninth District. 67. Tenth District. 73. Sixteenth District. 74. Seventeenth District. 75. Terms of the District Court, where held. 76. Duration of terms. 77. Adjournment of the Court. 78. Judgments may be entered in vacation. 54. The State is divided into Seventeen Judicial Districts. 55. There must be a District Court held in each of the judicial districts. 56. The Judge thereof is elected by the electors of the district, at the judicial elections, and holds his office for the term of six years from the first day of January next succeeding his election. tion. 57. The jurisdiction of the District Courts extends: Jurisdic1. To all civil actions for relief formerly given in Courts of equity; 2. To all civil actions in which the subject of litigation is not capable of pecuniary estimation; 3. To all civil actions (except actions of forcible entry and detainer) in which the subject of litigation is capable of pecuniary estimation, which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars; 4. To all special proceedings not within the jurisdiction of the County and Probate Courts, as defined in this Code; 5. To the issuance of writs of mandate, review, prohibition, habeas corpus, and all writs necessary to the exercise of its powers; 6. To the trial of all indictments for treason, misprision of treason, murder, and manslaughter. 58. In the First Judicial District, terms of the Dis- Terms of trict Court must be held as follows: In the County of San Luis Obispo, on the first Mon day of January, May, and September; In the County of Santa Barbara, on the third Monday of February, June, and October. Court in the First District. 59. In the Second Judicial District, terms of the Second District Court must be held as follows: In the County of Butte, on the first Monday of March, third Monday of November, and second Monday of July; In the County of Lassen, on the second Monday of June, and second Monday of September; In the County of Plumas, on the fourth Monday of May, and first Monday of October; District. Third District. Fourth Fifth Sixth In the County of Tehama, on the fourth Monday of October, fourth Monday of January, and first Monday of May. 60. In the Third Judicial District, terms of the District Court must be held as follows: In the County of Alameda, on the third Monday of February, June, and October; In the County of Monterey, on the first Monday of April, and October; In the County of Santa Clara, on the second Monday of January, May, and September; In the County of Santa Cruz, on the second Monday of April, August, and December. 61. In the Fourth Judicial District, terms of the District Court must be held as follows: In the County of San Francisco, on the first Monday of February, May, August, and November. 62. In the Fifth Judicial District, terms of the District Court must be held as follows: In the County of San Joaquin, on the first Monday of February, May, and August, and on the third Monday of October; In the County of Stanislaus, on the second Monday of January, April, and September; In the County of Tuolumne, on the first Monday of March and July, and on the third Monday of November. 63. In the Sixth Judicial District, terms of the District Court must be held as follows: In the County of Sacramento, on the first Monday of February, April, June, August, October, and December; In the County of Yolo, on the third Monday of January, May, and September. |