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§ 418. Same Jurisdiction.

The said court has also exclusive jurisdiction of all proceedings for violation of any ordinance of said city, both civil and. criminal, and of all actions for the collection of any licenses required by the ordinances of said city.1

1 (Cal.) Stats. 1901, p. 95, sec. 3.

§ 419. Same-Disqualification.

Neither of said justices may sit in cases in which he is a party, or in which he is interested, or where he is related to either party by consanguinity or affinity within the third degree; and in case of sickness or inability of said justices, or either of them, either of said justices may call in any justice of the peace of the county to act in his place or stead.1

1 (Cal.) Stats. 1901, p. 95, sec. 4.

§ 420. Same-Jurisdiction.

Each of the city justices, while acting as judge of said police court, has jurisdiction to issue warrants of arrest, search-warrants, subpoenas, and all other processes necessary to the full and proper exercise of the powers and jurisdiction of said court; to punish persons guilty of contempt of said court; to try all charges of misdemeanor offenses committed within its jurisdiction, as well as charges for violation of city ordinances, and render judgment therein, with full power to carry such judgment into execution.1 1 (Cal.) Stats. 1901, p. 95, sec. 5.

§ 421. Same-Departments-Assignment of Business.

The said police court is divided into as many departments as there are judges of said court. The judges of said court choose from their number a presiding judge, who serves for one year; and provided, further, that the presiding judge may be removed at any time and another appointed in his place by a vote of a majority of them. The presiding judge assigns the judges to their respective departments; but any judge may preside in any department in case of the absence or inability to act of the judge of such department. And in the absence or inability to act of the presiding judge, the remaining judges may select one of their number to act as presiding judge during such absence or inability;

and whose official acts during such time have the same force and effect as though made or done by the presiding judge. The presiding judge has power to apportion the business of said court among the several departments and to transfer cases from one department to another, if necessary or convenient to facilitate the dispatch of business of said court.1

1 (Cal.) Stats. 1901, p. 95, sec. 51⁄2; Amd. (Cal.) Stats. 1911, p. 625.

§ 422. Same-Proceedings of All Sessions Equally Effectual. The judgments, orders and proceedings of any session of the court held by any one or more of the judges of said court are equally effectual as though all of the judges had presided at such session.1

1 (Cal.) Stats. 1901, p. 95, sec. 51⁄2; Amd. (Cal.) Stats. 1911, p. 625; Kerr's Bien. Supp. 1911, p. 1028.

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The judges of said court have power, by a majority vote of all the judges of said court, to make rules not inconsistent with the constitution or laws of this state, for the government of said court and the officers thereof, and for conducting the business of said. court. Such rules may [must] be published by posting a copy of the same in each of the courtrooms of said court and are in effect after having been so posted for a period of fifteen days.1

1 (Cal.) Stats. 1901, p. 95, sec. 51⁄2; Amd. (Cal.) Stats. 1911, p. 625; Kerr's Bien. Supp. 1911, p. 1029.

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Said police court has a clerk for each of the judges of said court, who is appointed by the judge of the said court presiding in the department thereof in which the said clerk is to act, which said clerk holds office for the term of four years from the date of appointment. Each of said clerks must 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. Each of said clerks receives an annual salary of twenty-one hundred dollars a year, payable in equal monthly installments out of the treasury of said city, which salary is full compensation for all services rendered by him. Each of the said

clerks must keep a record of the proceedings of, and issue all processes ordered by, the city justices, or either of them, or by said police court, and receive and pay into the city treasury all fines imposed by said court. They must also render each month to the city council an exact and detailed account under oath of all fines imposed and collected, and of all fines imposed and uncollected since their last reports. They must prepare bonds, justify bail when the amount has been fixed by either of said justices or by said police court, and may administer and certify oaths. Said clerks must remain at the court rooms of said court during the business hours and during such reasonable times thereafter as may be necessary for a proper performance of their duties. Before receiving any monthly payment of salary each of said clerks must make and file with the city auditor an affidavit that he has deposited with the city treasurer all moneys that have come into his hands, belonging to the city. Any violation of this provision is a misdemeanor.1

1 (Cal.) Stats. 1901, p. 95, sec. 6; Amd. (Cal.) Stats. 1909. p. 797: Kerr's Bien. Supp. 1906–9, p. 1540.

§ 425. Same-Prosecuting Attorney.

Said police court has a prosecuting attorney, who has as many assistants, deputies, clerks and stenographers as the council of said city may provide, all of whom are appointed by the city attorney of said city, unless otherwise provided by the charter of said city. In case the charter of said city provides for the appointment of a city prosecutor, said city prosecutor has and exercises all the powers and duties of such prosecuting attorney.

It is the duty of such prosecuting attorney, either in person or by his assistants or deputies, to draw complaints to be filed in said police court for misdemeanor offenses of which said court has jurisdiction arising either from violation of the charter or ordinances of said city or from violations of the laws of the state of California. Said prosecuting attorney must attend to all appeals and proceedings on application for writs of habeas corpus, in connection with such prosecutions, and prosecute all recognizances and bail bonds forfeited in said court, and all actions for the recovery of fines, penalties and forfeitures accruing in said court; and the district attorney of the county in which said city is located has

[no] power or authority in or over any of said prosecutions, actions or proceedings.1

1 (Cal.) Stats. 1901, p. 95, sec. 7; (Cal.) Stats. & Amdts. 1911, p. 624; Kerr's Bien. Supp. 1911, p. 1028.

§ 426. Same-Habeas Corpus.

Whenever any person, held in custody or restraint by any peace officer of said city, and charged with having committed any criminal offense against the provisions of the charter or ordinances of said city, or with having committed any offense in said city which is a misdemeanor under the laws of the state, applies for a writ of habeas corpus, a copy of the application for such writ must be served forthwith upon the prosecuting attorney or upon one of his assistants or deputies.1

1 (Cal.) Stats. 1901, p. 95, sec. 7; (Cal.) Stats. & Amdts. 1911, p. 624; Kerr's Bien. Supp. 1911, p. 1028.

$427. Same-Witnesses.

The prosecuting attorney has the power to make and present to the said police court, or any judge thereof, in any case where an offense has been committed in said city, that is triable in said court, and any person whose attendance as a witness at the trial is necessary in the judgment of said prosecuting attorney resides out of the county in which said court is located, or is served with the subpoena outside of said county, an affidavit stating that he believes the evidence of such witness is material and his attendance at the trial is necessary.1

1 (Cal.) Stats. 1901, p. 95, sec. 7; (Cal.) Stats. & Amdts. 1911, p. 624; Kerr's Bien. Supp. 1911, p. 1028.

§ 428. Same-Fines and Moneys Collected.

All fines and other moneys collected on behalf of the city in the police court must be paid into the city treasury on the first Tuesday of each month.1

1 (Cal.) Stats. 1901, p. 95, sec. 8.

§ 429. Same-Rooms and Dockets.

The city council must furnish suitable rooms for the holding of said police court and also furnish the necessary dockets, blanks,

stationery and supplies for the carrying on of the business of said courts. One docket must be styled "The City Criminal Docket," in which all the criminal business of said court must be recorded, and each case shall be alphabetically indexed. Another docket must be styled "The City Civil Docket," and it must contain each and every civil case in which the city is a party, or which is prosecuted or defended for her interest; and each case must be properly indexed.1

1 (Cal.) Stats. 1901, p. 95, sec. 9.

§ 430. Same-Court Always Open.

The police court is always open, except upon nonjudicial days, and then for such purposes only as by law permitted or required of other.courts of this state.1

1 Cal. Stats. 1901, p. 95, sec. 10.

§ 431. Same-Appeals.

Appeals may be taken from any judgment of said police court to the superior court of the county in which such city may be located, in the same manner in which appeals are taken from the justices' courts in like cases.1

1

1 (Cal.) Stats. 1901, p. 95, sec. 11.

§ 432. Same-Sentences upon Conviction-Escapes and Incorrigibles.

In all cases of the conviction in said police court of any person charged with any offense committed in the city in which such police court is held, and the imprisonment of any person so convicted, the person so to be imprisoned, or by ordinance required to labor, must upon the order of the judge before whom such conviction is had, be imprisoned in the city jail, or a branch thereof, or in such other penal or reformatory institution either within or without the corporate limits of the city as may be provided by the city for such purposes; or if required to labor, shall labor in the city or in such penal or reformatory institution, and the imprisonment in any branch city jail or in any such penal or reformatory institution, is deemed an imprisonment in the city jail. But if any person who is imprisoned in any branch city jail or any such penal or reformatory institution by judgment of said police

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