The Code of Civil Procedure of the State of California ... the State Code of Civil Procedure, Adopted March 11th, 1872 and the Subsequent Official Statute Amendments to and Including 1925

4. The superior court or any judge thereof may at any time require said probation committee or a probation officer to examine into the qualifications and management of any society, association or corporation, other than a state institution, applying to receive any child or children under this act, and to report to the court, provided that nothing in this section shall be construed as giving any probation committee or probation officer any power to enter any institution without the consent of such institution.

It shall be the duty of each probation committee prior to December first in each year to prepare a report in writing on the qualifications and management of all societies, associations and corporations, except state institutions, applying for or receiving any child under this act from the courts of their respective counties, and in said report said committee may make such suggestions or comments as to them may seem fit; said report to be filed in the office of the clerk of the court appointing such committee, for the information of the judges thereof.

5. In counties of the first class there shall be one probation officer and not more than five deputy probation officers; in counties of the second class, one probation officer and not more than one deputy probation officer; in all other counties there shall be one probation officer. In any county or city and county additional deputy probation officers may be appointed and their appointment approved or disapproved as hereinafter provided, from time to time when in the opinion of the court it may be necessary, provided that they serve without salary.

6. The probation officer and deputy probation officers in all the counties of the state shall be allowed such necessary incidental expenses as may be authorized by a judge of the superior court; and the same shall be a charge upon the county in which the court appointing them has jurisdiction, and the said expenses shall be paid out of the county treasury upon a warrant therefor issued by the said court.

7. The offices of probation officers and deputy probation officers are hereby created. The appointments of probation officers and deputy probation officers to serve hereunder in any county or city and county shall be made by the probation committee of said county or city and county from discreet citizens of good moral character. The appointments by each probation committee shall be made in writing, signed by a majority of the members of such committee, and filed with the county clerk of such county, and shall be subject to and shall take effect upon approval by the judge of the superior court appointing such committee, or by a majority of the judges thereof if there be more than one; such approval to be by order entered in the minutes of said court. The term of office of probation officers and of deputy probation officers shall be two years from the date of the said approval of their several appointments. Such probation officers and deputy probation officers may at any time be removed by the judge approving their appointment in his discretion.

8. Any of the duties of the probation officer may be performed by a deputy probation officer and shall be performed by him whenever detailed to perform the same by the probation officer; and it shall be the duty of the probation officer to see that the deputy probation officer performs his duties.

9. It is the intention of this act that the same probation committees, the same probation officers and deputy probation officers shall be appointed and serve under this act as under the act

known as the juvenile court act, and entitled "An act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their powers and duties; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations receiving children under this act, and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence," and approved February 26, 1903; or under any laws amending or superseding the same.

10. Either at the time of the arrest for crime of any person over sixteen years of age, or at the time of the plea or verdict of guilty, the probation officer of the county of the jurisdiction of said crime shall, when so directed by the court, inquire into the antecedents, character, history, family environment and offense of such person, and must report the same to the court and file his report in writing in the records of said court. His report shall contain his recommendation for or against the release of such person on probation. If any such person shall be released on probation and committed to the care of the probation officer, such officer must keep a complete and accurate record in suitable books of the history of the case in court and of the name of the probation officer, and his acts in connection with said case; also the age; sex; nativity; residence; education; habits of temperance; whether married or single; and the conduct, employment and occupation and parents' occupation and condition of such person So committed to his care during the term of such probation, and the result of such probation, which record shall be and constitute a part of the records of the court and shall at all times be open to the inspection of the court or any person appointed by the court for that purpose, as well as of all magistrates and the chief of police or other head of the police, unless otherwise ordered by the court. The said books of record shall be furnished by the county clerk of said county, and shall be paid for out of the county treasury.

11. The probation officer shall furnish to each person released on probation and committed to his care, a written statement of the terms and conditions of his probation, and shall report to the court, judge, or justice appointing him, any violation or breach of the terms and conditions imposed by such court on the person placed in his care.

12. The probation officers and deputy probation officers appointed under this section shall serve as such probation officers in all courts having_original jurisdiction of criminal actions in this state.

13. Such probation officer and each deputy probation officer shall have, as to the person so committed to the care of such probation officer or deputy probation officer, the powers of a peaceofficer.-1905-780.

133. Days on which courts, etc., 135. Appointments on non-judicial may be held.

134. Non-judicial days.

days.

133. Courts of justice may be held and judicial business transacted on any day, except as provided in the next section.-1880-37.

134. No court, other than the supreme court, must be open for the transaction of judicial business on any of the holidays mentioned in section ten, except for the following purposes:

1. To give, upon their request, instructions to jury when deliberating on their verdict;

2. To receive a verdict or discharge a jury;

3. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.

Injunctions and writs of prohibition may be issued and served on any day.-1907-681.

135. On all special holidays the courts of this state shall be open for the transaction of any and all judicial business, except the trial of an action or the rendition of a judgment based upon a contract, expressed or implied, for the direct payment of money. Provided, if any day mentioned in section ten of this code other than a special holiday happen to be the day appointed for the holding or sitting of a court, or to which it is adjourned, it shall be deemed appointed for or adjourned to the next day.-1907-9.

Section

ARTICLE IV.

Proceedings in Case of Absence of Judge.

139. Adjournment for absence of

judge.

139. If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have been adjourned, before noon, the sheriff or clerk shall adjourn the same until the next day, at ten o'clock a. m., and if no judge attend on that day, before noon, the sheriff or clerk shall adjourn the same until the following day at the same hour; and so on, from day to day, unless the judge, by written order, directs it to be adjourned to some day certain, fixed in said order, in which case it shall be so adjourned.--1907-681.

Section

ARTICLE V.

Provisions Respecting Places of Holding Courts.

Section

142. Change in certain cases of 144. When sheriff to provide

place of holding court.

143. Parties to appear at place

appointed.

courtrooms, etc.

142. The judge or judges authorized to hold or preside at a court

appointed to be held in a particular place in a city and county, county, city or town, may, by an order filed with the city and county, or county clerk, and published as he or they may prescribe, direct that the court be held or continued at any other place in the city and county, county, city or town than that appointed, when war, insurrection, pestilence, or other public calamity, or the danger thereof, or the destruction or danger of the building appointed for holding the court may render it necessary; and may in the same manner revoke the order, and in his or their discretion, appoint another place in the same city and county, county, city, or town, for holding the court; and may also, in the same manner in his or their discretion, whenever such judge or judges deem it necessary or advisable, direct that the court be held or continued at any other place in the city and county, county, city or town not less than one hundred twenty miles distant from the county seat; provided, further, that at least one session of the superior court shall be held in 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 courthourse.

Sec. 3. The provisions of this act, so far as they are substantially the same as, existing statutes must be construed as continuations thereof and not as new enactments; and nothing in this act contained shall be deemed to shorten or extend the term of office or employment of any person holding office or employment under the provisions of such statutes, nor to increase or decrease the compensation paid to or received by any such person under the provisions of such statute, except as otherwise herein expressly provided. 1925.

143. When the court is held at a place appointed, as provided in the last section, every person held to appear at the court must appear at the place so appointed.--1880-39.

144. If suitable rooms for holding the superior courts and the chambers of the judges of said courts are not provided in any county by the supervisors thereof, together with the attendants, furniture, fuel, lights and stationery, sufficient for the transaction of business, the courts, or the judge or judges thereof, may direct the sheriff of the county to provide such rooms, attendants, furniture, fuel, lights and stationery; and the expenses incurred, certified by the judge or judges to be correct, are a charge against the county treasury, and must be paid out of the general fund thereof.-1907-680.

147. What courts shall have seals. 151. Seals, how provided; private

148. Seal of Supreme court.

149. Seals of superior courts. 149a. Seals of municipal courts. 150. Seals of police courts of cities and counties.

seals, when used.

152. Clerk of court to keep seal. 153. Seals of courts, to what documents affixed.

147. Each of the following courts shall have a seal:

1. The supreme court;

2. The superior courts;

3. The police court of every city and county.--1880-39.

148. The seal used by the supreme court, abolished by the constitution, shall be the seal of the supreme court herein provided for; but the said court may direct the clerk of the supreme court to provide two duplicates of said seal, each of which shall be considered the same as and have the same force and effect as the original.-1880-39.

149. The seals of the superior courts shall be circular, not less than one and three fourths inches in diameter, and having in the center any word, words, or design adopted by the judges thereof, and the following inscription surrounding the same: "Superior Court California," inserting the name of the county or city and county; provided, that the seal of any such court, which has been adopted previous to the passage of this act, shall be the seal of such court until another be adopted.-1880-39.

149a. The municipal court of every city or city and county may use any seal having upon it the inscription, "Municipal Court. (inserting the name of the city or city and county).—1925.

150. The police court of every city and county may use any seal having upon it the inscription, "Police Court (inserting the name of the city and county).-1880-39.

151. Courts which have not the necessary seal provided, or the judge or judges thereof, shall request the supervisors of their respective counties, or cities and counties, to provide the same, and in case of their failure to do so may order the sheriff to provide the same, and the expense thereof shall be a charge against the county or city and county treasury, and paid out of the general fund thereof; and until such seal be provided the clerk of each court may use his private seal whenever a seal is required.-1880-39.

152. The clerks of the court shall keep the seal thereof.-1880-40. 153. The seal of a court need not be affixed to any proceeding therein or document, except:

1. To a writ;

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

3. To the authentication of a copy of a record or other proceeding of a court, or of an officer thereof, or of a copy of a document on file in the office of the clerk.--1880-40.

« Previous Continue »

Books

The Code of Civil Procedure of the State of California ... the State Code of ...