Private

seal to be

procure seals, which shall be devised by the respective Judges of such Courts, and shall have the following inscriptions surrounding the same:

1. For the District Courts: "District Court,

County, California." (Inserting the name of the county;)

2. For the County Courts: "County Court, County, California." (Inserting the name of the county;)

3. For the Probate Courts: "Probate Court, County, California."

county.)

150.

(Inserting the name of the

Until the seals devised, as provided in the

used, when last section, are procured, the Clerk of each Court may use his private seal, whenever a seal is required.

Seals, by whom kept.

To what proceedings to be affixed.

151. The Clerk of the Court must keep the seal thereof.

152. The seal of the Court need not be affixed to any proceedings therein, except:

1. To a writ;

2. To the proof of a will, or the appointment of an executor, administrator, or guardian;

3. To the authentication of a copy of a record or other proceeding of the Court, or an officer thereof, for the purpose of evidence in another Court.

TITLE II.

OF JUDICIAL OFFICERS.

CHAPTER I. Of judicial officers in general.

II. Of the powers and duties of Judges at
chambers.

III. Particular disqualification of Judges.
IV. Incidental powers and duties of judicial

SECTION 156. Qualifications, as to residence, of Justices of Supreme
Court.

157. Qualifications, as to residence, of District Judges.

158. Places of residence of Judges.

159. Residence in San Francisco construed.

160. District Judges may hold Courts in another district.

161. County and Probate Judges may hold Court in another

county.

162. County or Probate Judge who may hold term in another

county, how designated.

tions, as to

residence,

of Justices

156. No person is eligible to the office of Justice Qualificaof the Supreme Court who has not been a citizen of the United States and a resident of this State, for two years next preceding his election.

157. No person is eligible to the office of District Judge who has not been a citizen of the United States and a resident of this State for two years, and of the district one year next preceding his election.

of Supreme

Court.

Qualificaresidence, Judges.

tions, as to

of District

Places of residence

158. Each District Judge must reside in his disof Judges. trict, and each County and Probate Judge must reside at the county seat of his respective county.

Residence in San Francisco construed.

District Judges may hold

Courts in another) district.

County and Probate Judges may hold Court in another county.

County or

Probate

may hold

term in another

county,

nated.

159. A residence in any part of the City and County of San Francisco is, within the meaning of the two preceding sections, a residence in the judicial districts embracing portions of that city.

160. A District Judge may hold a Court in any county in this State, upon the request of the Judge of the district in which such Court is to be held; and when, by reason of sickness or absence from the State, or from any other cause, a Court cannot be held in any county in a district by the Judge thereof, a certificate of that fact must be transmitted by the Clerk to the Governor, who may thereupon direct some other District Judge to hold such Court.

161. Any County or Probate Judge may hold terms, or portions of terms, of the County or Probate Court, and perform any or all of the duties of County or Probate Judge in any other county of this State, as well as in that for which he was elected, in cases of sickness of the proper Judge, or to hear, try, adjudicate, and determine all causes and matters in which the County or Probate Judge of the proper county interested, or has been employed as an attorney, or is disqualified by law from trying or adjudicating.

is

162. When, from any of the causes mentioned in Judge who the preceding section, a term, or portion of a term, of the County or Probate Court cannot be held in a county how desig- by a County or Probate Judge thereof, the Judge disqualified may, by consent of the parties to the actions or proceedings which such Judge is disqualified from adjudicating, designate the County or Probate Judge of some other county to hold such term or portion of a term; and if the parties fail thus to consent,

cer

tificate of the fact of such disqualification, or in the case of sickness of the Judge, then of the fact of such sickness, must be transmitted by the County Clerk of such county to the Governor, who must thereupon direct some County or Probate Judge of a neighboring county to hold such term or part of a term.

CHAPTER II.

OF THE POWERS AND DUTIES OF JUDGES AT CHAMBERS.

SECTION 165. Powers of Justices of Supreme Court at chambers. 166. Powers of District and County Judges at chambers. 167. Powers of Probate Judges at chambers.

165. The Justices of the Supreme Court, and each of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of review, mandate, and prohibition, and may, in their discretion, hear applications to discharge such orders and writs.

166. District and County Judges, at chambers, may grant all orders and writs which are usually granted in the first instance upon ex parte applications, and may, at chambers, hear and dispose of such writs and of motions for new trials.

167. The Judges of the Probate Court may, at chambers, appoint appraisers, receive inventories and accounts to be filed in the Probate Court; suspend the powers of executors, administrators, or guardians, in the cases allowed by law; grant special letters of administration or guardianship; approve claims and bonds; and direct the issuance, from the Probate Courts, of all writs and process necessary in the exercise of their power.

When disqualified.

Not to act

as attorney in his own Court.

Certain Judges not to act as attorneys.

No judicial

officer to have a partner.

CHAPTER III.

PARTICULAR DISQUALIFICATION OF JUDGES.

SECTION 170. When disqualified.

171. Not to act as attorney in his own Court.
172. Certain Judges not to act as attorneys.
173. No judicial officer to have a partner.

170. A Judge cannot act as such in any of the following cases:

1. In an action or proceeding to which he is a party, or in which he is interested;

2. When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law;

3. When he has been attorney or counsel for either party in the action or proceeding;

-But this section does not apply to the arrangement

of the calendar or the regulation of the order of business, nor to the power of transferring the cause to another county.

171. A Judge cannot act as attorney or counsel in a Court in which he is Judge, or in an action or proceeding removed therefrom to another Court for trial or review, or in an action or proceeding from which an appeal may lie to his own Court.

172. A Justice of the Supreme Court, or Judge of the District Court, cannot act as attorney or counsel in any Court of this State, except in an action or proceeding to which he is a party on the record.

173. No Judge or other elective judicial officer, or District Court Commissioner, shall have a partner acting as attorney or counsel in any Court of this State.