is of the office of judge pro tempore in the cause wherein plaintiff, and is defendant, according to the best of my ability."-1880-27. 73. The superior courts shall be always open (legal holidays and nonjudicial days excepted), and they shall hold their sessions at the county seats of the several counties, or cities and counties, except as otherwise provided by section one hundred forty-two of this code. They shall hold regular sessions, commencing on the first Mondays of January, April, July, and October, and special sessions at such other times as may be prescribed by the judge or judges thereof; provided, that in the city and county of San Francisco the presiding judge shall prescribe the times of holding such special sessions; provided, also, that a session of the superior court shall be held at each city containing a population of not less than fifty thousand as ascertained by the last preceding census taken under the authority of the congress of the United States, or the legislature of the State of California, wherein the city hall of said city is not less than fifteen miles distant from the site of the county courthouse; and a majority of the judges of the superior court of said county, may, by an order filed with the county clerk, and published as they may prescribe, provide for, and direct the holding of, additional sessions in each of said cities, when they deem such additional sessions necessary or convenient-1925. 74. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the court from sitting at any time.-1880-28. 75. The jurisdiction of the superior courts is of two kinds: 1. Original; and, 2. Appellate.-1880-28. 76. The superior courts shall have original jurisdiction: 1. In all cases in equity; 2. In all civil actions in which the subject of litigation is not capable of pecuniary estimation; 3. In all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars. 4. Of actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, of all matters of probate, of divorce and for annulment of marriage, and of all such special cases and proceedings as are not otherwise provided for. Said 5. In all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for. Said courts shall have the power of naturalization, and to issue papers therefor. courts and their judges, or any of them, shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and of habeas corpus on petition by or on behalf of any person in actual custody, in their respective counties. Injunctions and writs of prohibition may be issued and served on legal holidays and nonjudicial days.--1880-28. 77. The superior courts shall have appellate jurisdiction in such cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law.-1880-28. 78. The process of the superior courts shall extend to all parts of the state; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.-1880-28. 79. All records, books, papers, causes, actions, proceedings, and appeals lodged, deposited, or pending in the district court or courts, county court, probate court, municipal criminal court, or municipal court of appeals, of, in, or for any county, or city and county, of the state, abolished by the constitution, are transferred to the superior court of such county, or city and county, which has the same power and jurisdiction over them as if they had been in the first instance lodged, deposited, filed, or commenced therein, or, in cases of appeal, appealed thereto.--1880-28. CHAPTER V. Justices' Courts. Article I. Justices' Courts in Cities and Counties. II. Justices' Courts in Townships. Justices of the Peace and Justices' Courts in General. ARTICLE I. Section Justices' Courts in Cities and Counties. 85. Justice's courts in cities and counties of over four hundred thousand. 86. Justices' clerk. Office hours. Salaries. 87. Sheriff and deputies. 88. Offices and office hours. 89. Actions. 90. Reassignment and transfer of actions. 91. Payment of fees. Section 96. Justices' clerk, deputies, etc., not to act as attorney. 97. Salaries. 98. What justices successors of others. 99. Justices' courts in townships of four hundred thousand or more. Any of the justices may hold court; hours of duty; present justices' tenure of office not affected. Certificates, transcripts and 100. Process, return of. other papers. 93. Justices' docket. 101. Justices' clerks. 102. Duties of justices' clerks. 85. There shall be in every city and county of more than four hundred thousand population a justice's court for which five justices of the peace shall be elected by the qualified electors at the general state election next preceding the expiration of the terms of office of their predecessors. Any of said justices may hold court and there may be as many sessions of said court at the same time as there are justices thereof. Said justices shall choose one of their number to be presiding justice who may at any time be removed and another appointed in his place by a vote of a majority of them; providing, that in the case of the temporary absence or disability of the presiding justice, any one of the other justices, to be designated by the presiding justice, may act as presiding justice during such absence or disability. Each justice of the peace so elected must at the time of his election be an elector of such city and county, and qualified to practice in all the courts of this state.-1915-1440. 86. The supervisors of such city and county shall appoint a justices' clerk on the written nomination and recommendation of said justices or majority of them, who shall hold office during good behavior, and who shall receive a salary of three thousand six hundred dollars a year. Said justices' clerk shall take the constitutional oath of office and give bonds in the sum of ten thousand dollars for the faithful discharge of the duties of his office and in the same manner as is or may be required of officers of such city and county. A new or additional bond may be required by the supervisors of such city and county and in such amount as may be 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 two thousand four hundred dollars a year, and three deputy clerks and one messenger each at a salary of one thousand nine hundred eighty 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 proceedings in said justices' court, and generally to do all the acts specified in sections one hundred two and one hundred two a 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. to 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 as 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. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.-1919-1242. 87. The sheriff of such city and county shall be ex officio an officer of said court, and it shall be his duty to serve or execute, or cause to be served and executed, each and every process, writ, or order that may be issued by said justices' court; provided, that a summons issued from said court may be served and returned as provided in section eight hundred and forty-nine of this code; and that subpoenas may be issued by the justices' clerk and served as provided in section one thousand nine hundred and eighty-seven and one thousand nine hundred and eighty-eight of this code. The said sheriff may appoint, in addition to the other deputies allowed by law, three deputies, whose duty it shall be to assist said sheriff in serving and executing the process, writs, and orders of the said justices' court. Said deputies shall receive a salary of one hundred and twenty-five dollars per month each, payable monthly, out of the city and county treasury, and out of the special fee fund, after being first allowed and audited as other demands are by law required to be audited and allowed. One of said deputies shall remain in attendance during the sessions of said court, and at such other times as the said court or the presiding justice thereof may order and direct, for the purpose of attending to such duties as may be imposed on said sheriff or said deputies as herein provided, or required by law. The said sheriff shall be liable on his official bond for the faithful performance of all duties required of him, or any of his said deputies.-1880-30. 88. The supervisors of such city and county shall provide, in some convenient locality in the city and county, a suitable office, or suite of offices for said presiding justice, justices' clerk, deputy clerk, and deputy sheriff, and offices suitable for holding sessions of said court, and separate from one another, for each of said justices of the peace, together with attendants, furniture, fuel, lights, and stationery sufficient for the transaction of business; and if they are not provided, the court may direct the sheriff to provide the same, and the expenses incurred, certified by the justices to be correct, shall be a charge against the city and county treasury, and paid out of the general fund thereof. The said justices, justices' clerk, and deputy clerk, shall be in attendance at their respective offices for the dispatch of official business, daily, from the hour of eight o'clock a. m. until five o'clock p. m.-1880-30. 89. All actions, suits, and proceedings in such city and county whereof justices of the peace or justices' courts have jurisdiction, except those cases of concurrent jurisdiction that may be commenced in some other court, shall be entitled "In the Justices' Court of the City and County of (inserting the name of the city and county), and commenced and prosecuted in said justices' court, which shall be always open. The original process shall be returnable, and the parties summoned required to appear before the presiding justice, or before one of the other justices of the peace, to be designated by the presiding justice, at his office; but all complaints, answers, and other pleadings and papers, required to be filed, shall be filed, and a record of all such actions, suits, and proceedings made and kept in the clerk's office aforesaid; and the presiding justice, and each of the other justices shall have power, jurisdiction, and authority to hear, try, and determine any action, suit, or proceeding so commenced, and which shall have been made returnable before him, or may be assigned or transferred to him, or any motion, application, or issue therein (subject to the constitutional right of trial by jury), and to make any necessary and proper order therein.-188030. 90. In case of sickness or disability or absence of a justice of the peace (on the return of a summons or at the time appointed for trial) to whom a cause has been assigned, the presiding justice shall reassign the cause to some other justice, who shall proceed with the trial and disposition of said cause in the same manner as if originally assigned to him; and if, at any time before the trial of a cause or matter returnable or pending before any of said justices, either party shall object to having the cause or matter tried before such justice, on the ground that such justice is a material witness for either party, or on the ground of the interest, prejudice, or bias of such justice, and such objection be made to appear in the manner prescribed by section eight hundred and thirty-three of this code, the said justice shall suspend proceedings, and the presiding justice, on motion and production before him of the affidavit and proofs, shall order the transfer of the cause or matter for trial before some other justice, to be designated by him. The presiding justice may, in like manner, assign or transfer any contested motion, application, or issue in law, arising in any cause returnable or pending before him or any other justice, to some other justice; and the said justice, to whom any cause, matter, motion, application, or issue shall be so as aforesaid assigned or transferred, shall have power, jurisdiction, and authority to hear, try, and determine the same accordingly.-1880-31. 91. All legal process of every kind in actions, suits, or proceedings in said justices' court, for the issue or service of which any fee is or may be allowed by law, shall be issued by the said justices' clerk upon the order of the presiding justice, or upon the order of one of the justices of the peace, acting as presiding justice, as in this article provided; and the fees for issuance and service of all such process, and all other fees which are allowed by law for any official services of justices, justices' clerk, or sheriff, shall be exacted and paid in advance into the hands of said clerk, and be by him daily, or weekly, or monthly, as the supervisors may require, and before his salary shall be allowed, accounted for in detail, under oath, and paid into the treasury of such city and county as part of the special fee fund thereof; provided, that such payment in advance shall not be exacted from parties who may prove to the satisfaction of the presiding justice that they have a good cause of action, and that they are not of sufficient pecuniary ability to pay the legal fees; and no judgment shall be rendered in any action before said justices' court, or any of said justices, until the fees allowed therefor, and all fees for previous services therein, which are destined to be paid into the treasury, shall have been paid except in cases of poor persons, as hereinbefore provided.-1880-31. 92. Cases which by the provisions of law are required to be certified to the superior court, by reason of involving the question of title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, shall be so certified by the presiding justice and justices' clerk; and for that purpose, if such question shall arise on the trial, while the case is pending before one of the other justices, such justice shall certify the same to the presiding justice. All abstracts and transcripts of judgments and proceedings in said court, or in any of the dockets or registers of or deposited in said court, shall be given and certified from any of such dockets or registers, and signed by the presiding justice and clerk, and shall have the same force and effect as abstracts and transcripts of justices of the peace in other cases. Appeals from judgments rendered in said court shall be taken and perfected in the manner prescribed by law; but the notice of appeal, and all the papers required to be filed to perfect it, shall be filed with the justices' clerk. Statements on appeal shall be settled by the justice who tried the cause. Sureties on appeal, or on any bond, or undertaking given in any cause or proceeding in said court, when required to justify, may justify before any one of the justices.-1880-32. 93. In a suitable book, strongly bound, the justices' clerk shall |