the first election shall, at their first meeting, so classify themselves, by lot, that two of them shall go out of office at the end of four years, two of them at the end of eight years, and two of them at the end of twelve years, and an entry of such classification shall be made in the minutes of the Court in bank, signed by them, and a duplicate thereof shall be filed in the office of the Secretary of State. If a vacancy occur in the office of a Justice, the Governor shall appoint a person to hold the office until the election and qualification of a Justice to fill the vacancy, which election shall take place at the next succeeding general election, and the Justice so elected shall hold the office for the remainder of the unexpired term. The first election of the Justices shall be at the first general election after the adoption and ratification of this Constitution. Absence of judge from the State is not such a vacancy as can be supplied by the executive, and an act authorizing such appointment is unconstitutional. People v. Wells, 2 Cal. 198; Ibid. 610. § 4. The Supreme Court shall have appellate jurisdiction in all cases in equity, except such as arise in Justices' Courts; also, in all cases at law 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; lso, in cases of forcible entry and detainer, and in proeedings in insolvency, and in actions to prevent or abate a nisance, and in all such probate matters as may be pro vided by law; also, in all criminal cases prosecuted by indictment, or information in a Court of record on questions of law alone. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof. 2 Appellate jurisdiction.-If the constitution confers appellate jurisdiction, and no mode is provided for taking the appeal, the case may be brought up on a writ of error, or the court may frame an appropriate writ. Proceedings to condemn lands for use of a railroad is a special case; so, proceedings in divorce, and proceedings in election contests and insolvency cases, are special cases. The supreme court has not jurisdiction of a criminal case involving the validity of a tax, etc. The supreme court has no jurisdiction in criminal cases of a lesser grade than felony. Half pilotage is not a toll within the meaning of this section. Before the amendments to the constitution the appellate jurisdiction over money demands extended only to cases where the amount in dispute exceeded two hundred dollars, but since the amendments it has extended over cases where the amount was over three hundred dollars. 10 Except as otherwise provided in this section the supreme court has appellate jurisdiction only. It has power to make rules and regulations.12 1 Ex parte Thistleton, 52 Cal. 220; Middleton v. Gould, 5 Cal. 190; Adams v. Town, 3 Cal. 247; S. P. & N. R. R. Co. v. Hanlon, 24 Cal. 334. 2 S. & C. R. R. Co. v. Galgiani, 49 Cal. 139; Knowles v. Yeates, 31 Cal. 85; Day v. Jones, 31 Cal. 263; Houghton's Appeal, 42 Cal. 68. 3 Conant v. Conant, 10 Cal. 252; Perry v. Ames, 26 Cal. 387. 4 Kohlman v. Wright, 6 Cal. 231; Fisk v. His Creditors, 12 Cal. 281. 5 Knowles v. Yeates, 31 Cal. 82; Dickinson v. Van Horn, 9 Cal. 207. 6 People v. Johnson, 30 Cal. 98. 7 People v. Spear, 7 Cal. 139; People v. Vick, 7 Cal. 165; People v. Applegate, 5 Cal. 295; People v. Fowler, 9 Cal. 86; People v. Cornell, 16 Cal. 187; People v. War, 0 Cal. 117; People v. Barney, 29 Cal. 459; People v. Johnson, 30 Cal. 98; People v. Jones, 31 Cal. 565. 8 Harrison v. Green, 18 Cal. 94. 9 Luther v. The Apollo, 1 Cal. 15; Simmons v. Brainard, 14 Cal. 278; Crandall v. Blen, 15 Cal. 406; People v. Carman, 18 Cal. 693; Zabriskie v. Torry, 20 Cal. 173; Malson v. Vaughn, 23 Cal. 61; Skillman v. Lachman, 23 Cal. 199; Meeker v. Harris, 23 Cal. 285; Bolton v. Landers, 27 Cal. 106. 10 Hopkins v. Cheeseman, 28 Cal. 180; Maxfield v. Johnson, 30 Cal. 545; Solomon . Reese, 34 Cal. 28. 11 State v. Flinn, Minor, 8. 12 Texas Land Co. v. Williams, 48 Tex. 602. § 5. The Superior Court shall have original jurisdiction in all cases in equity, and 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, and in all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for; 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. And said Court shall have the power of naturalization, and to issue papers therefor. They shall have appellate jurisdiction in such cases arising in Justices' and other inferior Courts in their respective counties as may be prescribed by law. They shall be always open (legal holidays and non-judicial days excepted), and their process 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. Said Courts, and their Judges, shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and 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. District courts.-Under the grant of equity jurisdiction, district courts have jurisdiction over actions to abate a nuisance;1 so, they have the same control over the persons of minors and their estates that the chancery courts of England possess; 2 so, it has jurisdiction over the custody of children, alimony, etc., in a case of divorce, and over cases of fraud, accident, mistake, etc., and over suits against administrators, and over claims against estates of decedents, and foreclosure of mortgages thereon,7 and over suits involving the legality of any tax, toll, impost, or assessment; 8 but an action to recover the penalty for the imposing of an excessive toll is not within their jurisdiction unless the amount charged is three hundred dollars. They have jurisdiction at law where the amount in controversy, exclusive of interest, is three hundred dollars.10 The legislature may prescribe rules of procedure, by which equity jurisdiction is to be exercised.11 The legislature may authorize the district judge of one district to hold a court in another district. 12 District courts have jurisdiction of actions to prevent extortion in office,13 and of actions against the administrator of an administrator to settle the accounts of his intestate.1 14 The legislature may confer jurisdiction on district courts, but cannot confer it on any tribunal or officer except those mentioned in this article of the constitution. 15 The judgments of district courts can only be reversed or relieved against in the same court where rendered, or by a resort to the proper appellate tribunal.16 1 Courtwright v. Bear Riv, & A. W. & M. Co. 30 Cal. 576; Yolo Co. v. Sacramento, 36 Cal. 193; People v. Moore, 29 Cal. 42" 2 Wilson v. Roach, 4 Cal. 366. 3 Bennett v. Southard, 35 Cal. 691. 4 People v. Houghtaling, 7 Cal. 348. 5 People v. Houghtaling, 7 Cal. 348; Gurnee v. Maloney, 38 Cal. 85. 6 Hentsch v. Porter, 21 Cal. 555. 7 Fallon v. Butler, 21 Cal. 24; Willis v. Farley, 24 Cal. 491. 8 People v. Mier, 24 Cal. 61; Bell v. Crippin, 28 Cal. 327. 9 Brown v. Rice, 52 Cal. 489. 10 Solomon v. Reese, 34 Cal. 32. 15 Spencer Creek Wat. Co. v. Vallejo, 48 Cal. 70. County courts.-The old constitution left to the legis lative will to determine whether jurisdiction over any given special case shall be vested in the county court or some other court. They have common-law jurisdiction in cases of naturalization of foreigners; so, they have jurisdiction of actions of unlawful detainer against tenants holding over,3 and over actions of forcible entry and unlawful detainer, 4 and over cases of election contests,5 over actions to abate a nuisance and to recover damages they have no jurisdiction for damages except as an incident to their power to abate the nuisance.6 Jurisdiction for condemnation of water is a special case, but no jurisdiction exists in county courts unless specially conferred by the legislature; 7 so, as to condemnation of land for public use; so, as to proceedings to determine the right to town lots.9 County courts are courts of general criminal jurisdiction. 10 This section authorizes the absolute right of appeal from the municipal criminal court, and confers on the county court jurisdiction when the legislature shall provide the mode and means of appeal.11 The county court has the sole appellate jurisdiction in all cases arising in the justices' courts,12 and although they are authorized to try the case de novo, it is still an exercise of appellate and not original jurisdiction.18 1 Matt. of Marks, 45 Cal. 200; Spencer Creek W. Co. v. Vallejo, 48 Cal. 70; Jacks v. Day, 15 Cal. 91. 2 Matt. of Conner, 39 Cal. 98. 3 Caulfield v. Stevens, 28 Cal. 118; Courtwright v. Bear Riv. & A. W. Co. 30 Cal. 573; Stoppelkamp v. Mangeot, 42 Cal. 325; Johnson v. Chely, 43 Cal. 300. 4 Caulfield v. Stevens, 28 Cal. 118; Kennedy v. Hamer, 19 Cal. 374. 5 Kirk v. Rhoads, 46 Cal. 398; Saunders v. Haynes, 13 Cal. 145. 6 Grigsby v. Clear Lake Wat. Co. 40 Cal. 396; Parsons v. Tuolumne Wat. W. Co. 5 Cal. 43. 7 Spencer Creek W. Co. v. Vallejo, 48 Cal. 70. |