PART III. STATE OF CALIFORNIA. CHAPTER I. COURTS AND THEIR JURISDICTION. THE SUPREME COURT OF THE STATE OF CALIFORNIA has original and appellate jurisdiction. Its original jurisdiction extends— To the issuance of writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Its appellate jurisdiction extends 1. To all civil actions for relief formerly given in courts of equity. 2. To all civil actions in which the subject of litigation is not capable of pecuniary estimation. 3. To all civil actions in which the subject of litigation is capable of pecuniary estimation, which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, or in which the demand exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars. 4. To all special proceedings. 5. To all cases arising in the Probate Courts. DISTRICT COURTS. The jurisdiction of these Courts extends 1. To all civil actions for relief formerly given in courts of equity. 2. To all civil actions in which the subject of litigation is not capable of pecuniary estimation. 3. To all civil actions (except actions of forcible entry and detainer) in which the subject of litigation is capable of pecuniary estimation, which involve the title of possession of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars. 4. To special proceedings not within the jurisdiction of the County and Probate Courts. 5. To the issuance of writs of mandamus, certiorari, prohibition, habeas corpus, and all writs necessary to the exercise of its powers. COUNTY COURTS Have original and appellate jurisdiction. Their original jurisdiction extends 1. To actions to prevent or abate a nuisance. 2. To actions of forcible entry and detainer. 3. To proceedings in insolvency. 4. To all special cases or proceedings in which the law, giving the remedy or authorizing the proceedings, confers the jurisdiction upon it. 5. To the issuance of writs of habeas corpus, and all writs necessary to the exercise of its powers. 6. To inquire, by the intervention of a grand jury, of all public offenses committed, or triable in the county. 7. Their appellate jurisdiction extends to all cases arising in Justices' or Police Courts. PROBATE COURTS. Probate Courts have jurisdiction-— 1. To open and receive proof of last wills and testaments, and to admit them to probate. 2. To grant letters testamentary, of administration and of guardianship, and to revoke the same. 3. To appoint appraisers of estates of deceased persons. 4. To compel executors, administrators and guardians to render accounts. 5. To order the sale of property of estates, or belonging to minors. 6. To order the payment of debts due from estates. 7. To order and regulate all distributions and partitions of property, or estates of deceased persons. 8. To compel the attendance of witnesses, and the production of title deeds, papers, and other property of an estate, or of a minor. 9. To make such orders as may be necessary to the exercise of the powers conferred upon it. 10. To exercise jurisdiction in all matters of probate and guardianship. JUSTICES' COURTS. The civil jurisdiction of these Courts within their respective townships or cities extends 1. To an action arising on contract, for the recovery of money only, if the sum claimed, exclusive of interest, does not amount to three hundred dollars. 2. To an action for damages for injury to the person, or for taking or detaining personal property, or for injuring personal property, or for an injury to real property, where no issue is raised by the answer involving the plaintiff's title or possession of the same, if the damages claimed do not amount to three hundred dollars. 3. To all actions for a fine, penalty, or forfeiture, not amounting to three hundred dollars, given by statute or the ordinance of an incorporated city or town. 4. To an action upon a bond or undertaking conditioned for the payment of money, not amounting to three hundred dollars, though the penalty exceed that sum; the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it falls due. 5. To an action to recover the possession of personal property, when the value of such property does not amount to three hundred dollars. 6. To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not amount to three hundred dollars. The jurisdiction above does not extend, however 1. To a civil action in which the title or possession of real property is put in issue. 2. Nor to an action or proceeding against ships, vessels, or boats, when the suit or proceeding is for the recovery of seamen's wages for a voyage performed in whole or in part without the waters of this State. CHAPTER II. TERMS OF COURTS, WHEN AND WHERE HELD. SUPREME COURT. There must be four terms in each year for the hearing of causes, to commence on the second Monday of January, April, July, and October. The January and July terms are held at the city of San Francisco. The April and October terms are held at the city of Sacramento. Additional terms may be held by order of the Court. DISTRICT COURTS. The State is divided into twenty judicial districts. There is a District Court in each of the judicial districts, and Court is held at the county seat of each county, as follows: Alameda. Alpine Amador Butte Calaveras Culusa Contra Costa Del Norte El Dorado... Third.. WHEN HELD. 3d Monday February, June, and October. 2d Monday March, June, September, and December. 1st Monday March; 3d Monday November; 2d Monday July. 2d Monday January, April, July, and October. 4th Monday April; 2d Monday August; 1st Monday December. 3d Tuesday April, July, and November. 2d Monday May, August, and November. Eleventh.. 2d Monday February, and May; 3d Monday August, and No vember. Thirteenth. 3d Monday February, June, and October. Fresno Humboldt. Eighth. 2d Monday March, June, September, and December. 3d Monday May and November. 2d Monday April, July, and October. 3d Monday April; 2d Monday November. 2d Monday June; 2d Monday September. Seventeenth 1st Monday February, May, August, and November. Thirteenth. 3d Monday April; 3d Monday August; 2d Monday December. 2d Monday July; 3d Monday October. 3d Monday April and October. 3d Monday March, July, and November. Seventh.... 1st Monday February, June, and October. Fourteenth. 2d Monday March, June, September, and December. Sixth Twentieth San Bernardino. Eighteenth. San Diego...... Eighteenth. 1st Monday February, April, June, August, October, and December. 1st Monday April, August, and December. 4th-1st 2d Monday March, June, September, and December. 1st Monday February, May, August; 3d Monday October. 2d Monday February; 4th Monday May, August, and Novem- 3d Monday March, July, and November. 1st Monday April; 2d Monday July; 4th Monday October. 3d Monday January, May, and September. Fifth Solano Sonoma Stanislaus. Sutter.. Tehama. Trinity. Second. 4th Monday February; 3d Monday June; 2d Monday November. 4th Monday October; 4th Monday January; 1st Monday May. 2d Monday April, August, and December. Thirteenth. 3d Monday January, May, and December. 1st Monday March and July; 3d Monday November. 3d Monday January, May, and September. 3d Monday January; 3d Monday May; 1st Monday October. |