CHAPTER IV.

INCIDENTAL POWERS AND DUTIES OF JUDICIAL OFFICERS.

SECTION 176. General powers of Judges out of Court.

177. Powers of judicial officers as to conduct of proceedings
before them.

178. Same.

179. Same.

176. A Judge may exercise, out of Court, all the powers expressly conferred upon a Judge, as contradistinguished from the Court.

177. Every judicial officer has power:

1. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is engaged in the performance of an official duty;

2. To compel obedience to his lawful orders, as provided in this Code;

3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this Code;

4. To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary, in the exercise of his powers and duties.

General
Judges out

powers of
of Court.

Powers of judicial

officers as

to conduct of proceed

ings before

them.

178. For the effectual exercise of the powers con- Same. ferred by the last section, a judicial officer may punish for contempt, in the cases provided in this Code.

179. The Justices of the Supreme Court, and the Same. Judges of the District and County Courts, have power in any part of the 'State, and Justices of the Peace within their respective counties, and Police Judges, and Judges of Municipal Courts, within their respective cities or towns, to take and certify:

1. The proof and acknowledgment of a conveyance of real property, or of any other written instrument;

2. The acknowledgment of satisfaction of a judg ment of any Court;

3. An affidavit or deposition to be used in this State.

MISCELLANEOUS

CHAPTER V.

PROVISIONS

RESPECTING COURTS AND

JUDICIAL OFFICERS.

SECTION 182. Subsequent applications for orders, when prohibited. 183. Violation of last section.

184. No proceeding affected by a vacancy in office of

Judge, etc.

185. Proceedings to be in the English language, except in

certain counties.

186. Abbreviations and figures.

187. Means to be used to execute judicial powers in certain

cases.

Subsequent applications for orders, when

182. If an application for an order, made to a Judge of a Court in which the action or proceeding is prohibited. pending, is refused, in whole or in part, or is granted conditionally, no subsequent application for the same order can be made to any Court Commissioner, or any other Judge, except of a higher Court; but nothing in this section applies to motions refused for any informality in the papers or proceedings necessary to obtain the order.

Violation of last section.

No proceeding

a vacancy

183. A violation of the last section may be punished as a contempt, and an order made contrary thereto may be revoked by the Judge who made it, or vacated by a Judge of the Court in which the action or proceeding is pending.

184. No proceeding in any Court of justice, in an affected by action or special proceeding pending therein, is affected by a vacancy in the office of all or any of the Judges, or by the failure of a term thereof.

Je of

Judge, etc.

185. Every written proceeding in a Court of justice in this State, or before a judicial officer, except in the Counties of San Luis Obispo, Santa Barbara, Los Angeles, and San Diego, must be in the English language, and in the excepted counties may be either in the English or Spanish language.

tions and

186. Such abbreviations as are in common use Abbreviamay be used, and numbers may be expressed by figures. figures or numerals in the customary manner.

187. When jurisdiction is, by this Code or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.

be used to

Means to execute powers in cases.

judicial

certain

TITLE III.

OF PERSONS SPECIALLY INVESTED WITH POWERS OF
A JUDICIAL NATURE.

CHAPTER I. Of jurors.

II. Of Court Commissioners.

CHAPTER I.

OF JURORS.

ARTICLE I. JURORS IN GENERAL.

II. QUALIFICATIONS AND EXEMPTIONS OF JURORS.

III. MANNER OF SELECTING AND RETURNING JURORS FOR

COURTS OF RECORD.

IV. TIME AND MANNER OF DRAWING JURORS FOR COURTS

OF RECORD.

ARTICLE

V. MANNER OF SUMMONING JURORS FOR COURTS OF

RECORD.

VI. MANNER OF SUMMONING JURORS FOR COURTS NOT OF

RECORD.

VII. MANNER OF SUMMONING JURIES OF INQUEST.
VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED.

IX. OF IMPANELING A GRAND JURY.

X. OF IMPANELING TRIAL JURY IN COURTS OF RECORD. XI. OF IMPANELING A TRIAL JURY IN COURTS NOT OF

RECORD.

XII. OF IMPANELING JURIES OF INQUEST.

ARTICLE I.

JURORS IN GENERAL.

SECTION 190. Jury defined.

Jury defined.

Different kinds of juries.

Grand Jury defined.

Trial jury defined.

191. Different kinds of juries.

192. Grand Jury defined.

193. Trial jury defined.

194. Number of a trial jury.

195. Jury of inquest defined.

190. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact.

191. Juries are of three kinds:
1. Grand juries;

2. Trial juries;

3. Juries of inquest.

192. A Grand Jury is a body of men, not less than thirteen nor more than fifteen in number, returned at stated periods from citizens of the county, before a Court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the county.

193. A trial jury is a body of men returned from the citizens of a particular district, before a Court or officer of competent jurisdiction, and sworn to try and determine, by a unanimous verdict, a question of fact.

a trial jury.

194. A trial jury consists of twelve men, unless Number of the parties to the action or proceeding agree upon a less number.

inquest

195. A jury of inquest is a body of men, sum- Jury of moned from the citizens of a particular district, before defined. the Sheriff, Coroner, or other ministerial officer, to inquire of particular facts.

ARTICLE II.

QUALIFICATIONS AND EXEMPTIONS OF JURORS.

SECTION 198. Who are competent to act as jurors.
199. Who are not competent to act as jurors.
200. Who are exempt.

be:

201. Who may be excused.

198. A person is competent to act as a juror if he Who are

1. A citizen of the United States, an elector of the county, and a resident of the township at least three months before being selected and returned;

2. In possession of his natural faculties and not decrepit;

3. Possessed of sufficient knowledge of the language in which the proceedings of the Courts are had; 4. Assessed on the last assessment roll of his county, on property belonging to him.

199. A person is not competent to act as a juror: 1. Who does not possess the qualifications prescribed by the preceding section;

2. Who has been convicted of a felony or misdemeanor, involving moral turpitude.

competent to act as jurors.

200. A person is exempt from liability to act as Who are a juror if he be:

1. A judicial, civil, or military officer of the United States, or of the State of California;

exempt.