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for the present term of this court, cannot be readily obtained under the provisions of an act, &c., &c. [as in above form], the sheriff of said city and county is hereby ordered to summon from the body of the county, but not from the bystanders, fifteen duly qualified persons to complete such grand jury, and to require them to be in attendance, &c., &c.

Same County-Order for Summoning Grand Jury, made before Term.

In the Court of Sessions of the City and County of San Francisco, on the 20th day of April, A. D. 1859, and after the commencement of the session of said court for the term which began on the fourth day of April, A. D. 1859.

It not having appeared necessary to the presiding judge of said court, before the commencement of the session thereof, for the term aforesaid, that a grand jury should be summoned, and no petition of any kind, asking that a grand jury should be summoned, having been presented to said judge, and no grand jury having been summoned for the said term of said court: and now, it appearing proper to the said judge, that a grand jury should be summoned for the term of said court before named, the said judge, do hereby order that a grand jury shall be summoned for this court for the present term thereof, to be in attendance thereon on Saturday, the 23d day of April, instant, at two of the clock, P. M., and the sheriff of said city and county is hereby directed to execute this order, in manner as by law required.

I am of the opinion, that the jury hereby ordered to be summoned, cannot be readily obtained under the provisions of an act entitled "An Act to prescribe the Mode of drawing Grand Jurors and Trial Jurors in the City and County of San Francisco," approved April 2d, 1857.

I direct that this order be entered upon the minutes of the said court, and a copy thereof be delivered to the said sheriff.

M. C. BLAKE, Presiding Judge of the Court of Sessions of the City and County of San Francisco.

Same County-Order to Summon Trial Jury after Commencement of the Term-with Return of Officer.

In the Court of Sessions of the City and County of San Francisco. Now on this eleventh day of April, A. D. 1859, during the term of said court, which commenced on the fourth day of April, A. D. 1859, a jury becoming and being necessary in said court, for and during the term aforesaid, and no jury having been in any man

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ner, or for any cause ordered therefor, and the court being of the opinion that the jury so required cannot be readily obtained under the provisions of an act entitled "An Act to prescribe the Mode of drawing Grand Jurors and Trial Jurors in the City and County of San Francisco"-approved April 2, A. D. 1857, the sheriff of said city and county is hereby ordered by the court to summon from the citizens of the county, but not from the bystanders, forty-eight persons to form a trial jury for said court, on Wednesday next, the thirteenth day of April instant, at ten o'clock A. M. on that day.

Juror's Summons.

Sheriff's Office, San Francisco, April 1, 1859.

To Mr. James Don: You are hereby commanded to be and appear before the Court of Sessions of the city and county of San Francisco, on Tuesday, the fifth day of April, 1859, at ten o'clock, A. M., at the court-room of said court, at the City Hall in the city and county of San Francisco, then and there to serve as a trial juror [or, grand juror.]

Herein fail not, under the penalty of the law.

CHARLES DOANE, Sheriff.

By D. W. C. THOMPSON, Deputy Sheriff.

Order for Special Jury in an Insolvency Case.

District Court, Fourth Judicial District, City and County of San Francisco.

Edward Smith, an Insolvent Debtor,

against his Creditors.

Ordered that six (6) jurors be drawn and summoned according to law, to serve as special jurors in this cause, and try the issues of fraud joined herein, and that they be and appear at the courtroom of this court in &c., on &c. It is further ordered, that Milo Calkin and Charles R. Bond, citizens of said city and county, be and they are hereby appointed as witnesses, to be present at the drawing of said jurors.

I hereby certify the foregoing to be a true and correct copy of the order entered on the minutes of said fourth district court, in the above-entitled cause.

[L. 8.]

Attest my hand and the seal of said district court, this twenty-first day of September, A. D. 1858.

WILLIAM DUER, Clerk.

By CHAS. S. CAPP, Deputy Clerk.

Return of Officer on the Foregoing.

Office of the Sheriff of the

City and County of San Francisco,

ss:

By virtue of and in accordance with the annexed order made. by the Court of Sessions of the city and county of San Francisco, on the eleventh day of April, 1859, and received by me on the same day, I have personally summoned from the citizens of the county, but not from the bystanders, the following-named persons, to wit: A. B., C. D., É. F., &c., by giving written notice to each of them personally in said city and county, to be in attendance on said court, on Wednesday, the thirteenth day of April, 1859, at ten o'clock A. M. of that day, to form a trial jury for said court during the present term thereof.

CHARLES DOANE, Sheriff.

By D. W. C. THOMPSON, Deputy Sheriff. San Francisco, April 13, 1859.

CHAPTER XXV.

JUSTICES' COURTS.

JUSTICES of the Peace, beside entertaining jurisdiction in certain civil and criminal actions, have authority in a variety of other matters, under the provisions of different statutes.

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A portion of their statutory duties are enumerated in the succeeding section, and their authority as committing magistrates will be found in the chapter entitled MAGISTRATE. They are authorized to take acknowledgments of the execution of deeds, and other instruments affecting property in the county of their jurisdiction,' to administer oaths and affirmations, to require hawkers and peddlers to take out license,' to apprehend vagrants and dissolute persons, to regulate the apprenticing and treatment of Indians, to direct the disposition of estrays," to review the decisions of judges of the plains,' to take cognizance of violations of the game laws, and of the law forbidding barbarous and noisy amusements on the Sabbath, to require sureties of the peace from keepers of brothels and to punish for obscene publications," to aid the sheriff in securing wrecks and lost property," to remove dams, or other obstructions to the run of salmon, and to take cognizance of offences against the law for the preservation of salmon," to consent to the apprenticing of minors in certain cases," to administer oaths of office," to receive fees to their own use," and to officiate as associate judges of the court of sessions." By the constitution, judicial power is vested in justices of the peace, and they are authorized to hold courts in the respective

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townships for which they are elected, which are denominated justices' courts."

The civil and criminal jurisdiction of justices' courts is defined by statute as follows:"

Justices' courts shall have jurisdiction of the following actions and proceedings: 1. Of an action arising on contracts for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed two hundred dollars. 2. Of an action for damages for injury to the person, or for taking or detaining personal property, if the damages claimed do not exceed two hundred dollars. 3. Of an action for a fine, penalty or forfeiture, not exceeding two hundred dollars, given by statute or the ordinance of an incorporated city. 4. Of an action upon a bond conditioned for the payment of money not exceeding two 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 instalments, an action may be brought for each instalment as it becomes due. 5. Of an action upon a surety bond or undertaking taken by them, though the penalty exceed, if the amount claimed does not exceed two hundred dollars. 6. Of an action for the foreclosure of any mortgage, or the enforcement of any lien on real or personal property, when the debt secured does not exceed, exclusive of interest, two hundred dollars. 7. Of an action to recover the possession of personal property, when the value of such property does not exceed two hundred dollars. 8. To take and enter judgment on the confession of a defendant, when the amount confessed does not exceed two hundred dollars. 9. Of an action for a forcible or unlawful entry upon, or a forcible or unlawful detention of lands, tenements, or other possession. 10. Of an action to determine the right to a mining claim, and for damages for injury to the same, when the damages claimed do not exceed two hundred dollars. 11. Of proceedings respecting vagrants and disorderly persons.

The jurisdiction conferred by the last section shall not extend, however: 1. To a civil action in which the title to real property shall come in question. 2. Nor to an action or proceeding against ships, vessels or boats, or against the owners or masters

1 Const. art. vi. sec. 1 and 4.

" Wood's Dig. art. 678-680; and see MAGISTRATE

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