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Copyright, 1917,

BY

BANCROFT-WHITNEY COMPANY

214353

SAN FRANCISCO
THE FILMER BROTHERS ELECTROTYPE COMPANY

TYPOGRAPHERS AND STEREOTYPERS

THE

CODE OF CIVIL PROCEDURE

OF THE

STATE OF CALIFORNIA.

AMENDMENTS OF 1917.

$ 67a. Judges in counties of first class. Appointment of two additional judges. Election. Salary. In counties of the first class there shall be twenty judges of the superior court, any one or more of whom may hold court, and there may be as many sessions of said court at the same time as there are judges thereof. The said judges shall choose from their own number a presiding judge, who may at any time be removed as presiding judge and another judge chosen in his place by a vote of any twelve of them. The presiding judge shall distribute the business of the court among the judges thereof, and prescribe the order of business and perform such other duties as the judges of the said court may by rule provide. The judg. ments, orders and proceedings of any session of the superior court held by any one or more of the judges of said court shall be equally as effective as if all the said judges of said court presided at such session. Within thirty days after this act goes into effect, the governor shall appoint two additional judges of the superior court in counties of the first class in addition to the eighteen superior court judges already provided by law in and for the said counties of the first class who shall hold office until the first Monday after the first day of January, 1919. At the next general election to be held in November, A. D. 1918, two additional judges of the superior court shall be elected in counties of the first class, who shall be successors of the judges appointed hereunder, to hold office for the term prescribed by the constitution and by law. The salaries of said additional judges shall be the same in amount and be paid in the same manner and at the same time as the salaries of the other judges of the said counties of the first class now authorized by law. (Amendment approved May 5, 1917; Stats, 1917, p. 247.]

$ 86. Justices' clerk :: Bond. Appointees. Duties. The supervisors of such city and county shall appoint a justices' clerk on the written-nomination and recommendation of said justices or a majority of them, who shall hold office during good behavior, and who shall receive a salary of three thousand dollars a year... Said justices' clerk shall take the constitutional oath of office and give bond in the sum of ten thousand dollars for the faithful discharge of the duties of his office and in the same manter as is or may be required of officers of such city and county. A new or additional bond may be required by the superyisors of such city and county and in such amount as may þe:fixed by said supervisors whenever they may deem it necessary. The said clerk may appoint a chief deputy at a salary of two thousand four hundred dollars a year, a cashier at a salary of one thousand eight hundred dollars a year, and three deputy clerks and one messenger each at a salary of one thousand five hundred dollars a year. Said justices' clerk and each of said appointees shall have authority to administer oaths, take and certify affidavits, and issue and sign writs, summons, and all other processes in any action, suit or proceeding in said justices' court, and generally to do all the acts specified in sections 102 and 102a of this code. They shall be at their respective offices for the dispatch of official business daily, except Sundays, holidays and Saturday afternoons, from the hour of nine o'clock A. M. until five o'clock P. M. The salaries of said justices' clerk and his appointees shall be paid out of the treasury of said city and county in the same manner that salaries of officers of such city and county are paid, and shall be in lieu of all fees collected by them. All persons who have been appointed to such positions and who have served a period of six months in their respective positions, and all persons who may be appointed to such positions shall, after they have served a period of six months in their respective positions, be entitled to all the benefits of the civil service laws of this state.

§ 2. Repealed. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. [Amendment approved April 16, 1917; Stats. 1917, p. 121.]

§ 103. Justices' courts. Number of justices in cities. Jurisdiction. Eligibility. Salaries. There shall be at least one justice's court in each of the townships of the state, for which one justice of the peace must be elected by the qualified electors of the township, at the general state election next preceding the expiration of the term of office of his predecessor.

In any county where, in the opinion of the board of supervisors, the public convenience requires it, the said board may, by order, provide that two justices' courts may be established in any township, designating the same in such order; and in such case, one justice of the peace must be elected in the manner herein provided for each of said courts. In every city of the first and one-half class there must be five justices of the peace, and in every city of the second class there must be two justices of the peace, and in every city of the second and onehalf class there must be one justice of the peace, and in every city of the third and fourth classes there must be one justice of the peace, to be elected in like manner by the electors of such cities or town, respectively; and such justices of the peace of cities shall have the same jurisdiction, civil and criminal, as justices of the peace of townships and township justice's courts. Said justices of the peace of cities and justice's courts of cities shall also have jurisdiction of all proceedings for the violation of any ordinance of any city in which courts are established, both civil and criminal, and of all actions for the collection of any license required by any ordinance of any such city, and generally exercise all powers, duties and jurisdiction, civil and criminal, of police judges, judges of police courts, recorder's court or mayor's courts, within such city. No person is eligible to the office of justice of the peace in any city of the first, first and one-half, second, second and one-half or third class, who has not been admitted to practice law in this state; and no justice of the peace shall be permitted to practice law before another justice of the peace in the city, town or county in which he resides, or to have a partner engaged in the practice of law in any justice's court in such city, town or county. Every city justice of the peace in any city of the first and one-half class shall receive a salary of four thousand two hundred dollars per annum, and every city justice of the peace in any city of the second class shall receive a salary of three thousand six hundred dollars per annum, and every city justice of the peace in any city of the second and one-half class shall receive a salary of three thousand dollars per annum, and every city justice of the peace in any city of the third class shall receive a salary of two thousand dollars per annum, and every city justice of the peace in any city of the fourth class shall receive a salary of one thousand five hundred dollars per annum; and each justice of the peace shall be provided by the city authorities, or by the board of supervisors in counties where the salary of the city justice of the peace is paid by the county, with a suitable office in which to hold

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