former case. Up jumped one of the attorneys and represented that in a former case the decision of the county court had been reversed, and the decision of the district court must stand as the law of the case. The judge straightened himself to the highest point of dignity, roached his hair back with his fingers, and with a look of unutterable wisdom exclaimed, 'Well, I know it? But if the superior courts of this state see proper to make fools of themselves, that is no reason this court should. Mr. Clerk, enter up the judgment.'"

To fill the vacancy caused by the resignation of Judge Bean, the governor appointed George W. Shults, who was also elected in November of that year, and filled the position till the fall of 1853. At that time he departed for the Atlantic states without going through the formality of tendering his resignation, and the governor appointed Randall Hobart, who filled the position until the office was assumed by J. E. N. Lewis, who had been elected the previous September. At the general election in September, 1857, Thomas Wells was chosen county judge, and was succeeded, at the expiration of his term, by J. B. Barker, who was elected in September, 1861. In 1863, William S. Safford was chosen county judge, and, at the expiration of each term of four years, was re-elected, until the court was abolished by the adoption of the new constitution, and adjourned sine die December 31, 1879.

The county judges of Butte were: Moses Bean, 1850 to 1852; George W. Shults, 1852 to 1853; Randall Hobart, 1853; J. E. N. Lewis, 1853 to 1857; Thomas Wells, 1857 to 1861; J. B. Barker, 1861 to 1863; William S. Safford, 1863 to 1879.

PROBATE COURT.

The jurisdiction of this court embraced all probate matters, the court being held by the county judge. At first, issues of fact joined in this court were adjourned into the district court for trial, but afterwards the legislature conferred upon it the power to summon juries and try all issues of fact. There was but little alteration made in the powers of this court, which ceased to exist when the new constitution took effect.

COURT OF SESSIONS.

The county judge, as chief justice, and two justices of the peace, as associate justices, composed the court of sessions. Annually the county judge convened the justices of the peace of the county, who selected from their own number two who should act as associate justices of the court of sessions for the ensuing year. In case of a vacancy or a failure to attend, the county judge appointed another justice, and as this frequently occurred, some years half a dozen gentlemen occupied the position. The duties of this court at first were chiefly to administer the affairs of the county, a function now discharged by a board of supervisors. In 1851, a radical change was made in the powers of this court by conferring upon it the criminal jurisdiction previously exercised by the district court. It had the power to inquire into all criminal offenses by means of a grand jury, and to try all indictments found by that body, save those for murder, manslaughter and arson, which were certified to the district court. In 1855, the legislature created boards of supervisors in the various counties, leaving to the court of sessions only its criminal jurisdiction. In 1863, the court was abolished and its powers were conferred upon the county

associate judges N. D. Morse and A. W. Morgan. W. T. Sexton, clerk, and Joseph Q. Wilbur, sheriff.

And now on this day appeared in court G. L. Wadley and J. J. Nichols, praying the court for license to establish a ferry across Feather river at Bidwell's bar, for one year. Witnesses sworn in this behalf, J. T. Elliott, J. H. Boon.

And now on this day appears in court Austin A. Hover and Peter von Bramer, by attorney G. A. Smith, praying the the court for license to establish a ferry across Feather river at Bidwell's bar, for one year.

When it is ordered by the court that the petitions be laid over until Tuesday, the twenty-third inst. And now on this day came into court Cross and Foster, by attorney Jno. M. Kerr, praying the court for a license to establish a ferry at Long's bar, across Feather river, for one year. When it being proved to the satisfaction of the court that the requisitions of the [statute] had been complied with, it is ordered by the court that upon the filing a bond in the sum of two thousand dollars, and upon the payment of the sum of twenty-five dollars, said license shall be granted for the space of one year from and after this date. And it is further ordered by the court that the sales of ferriage shall be as follows, viz.: For crossing each foot-man

$.25

.50

.12

And now came into court Thos. H. Paris and James B. Jones, praying the court holding the election in the township of St. Louis may be removed to Veazie City. granted the petition and ordered such removal.

that the place of When the court

And now the court adjourns until to-morrow morning, Tuesday, the twenty-third July, at eight o'clock. MOSES BEAN.

The gentlemen who sat upon the bench with the county judge the first five years, during which time the court discharged the functions of a board of supervisors, were N. D. Morse, A. W. Morgan, Columbus Wheeler, George Adams, Randall Hobart, Reuel C. Baker, Thomas Wells, D. B. Besse, D. D. Fralick, Seneca Ewer, H. B. Shepherd, J. T. Elliott, G. W. Stockton, A. Skinkle, I. Bartholomew, S. S. Wright, R. R. Chappell, Alexander Coles, W. S. Safford, and George H. Crossette. From that time the court was simply a criminal tribunal, and was in no way responsible for the management of the affairs of the county.

On the twentieth of November, 1863, Judge J. B. Barker adjourned the court sine die, it having been abolished by the legislature.

SUPERIOR COURT.

By the new constitution the powers of the district, county and probate courts were combined and vested in one tribunal, called the superior court. There are twelve judges of the superior court in the city and county of San Francisco, two in each of the counties of Sacramento, San Joaquin, Los Angeles, Sonoma, Santa Clara and Alameda, one in the counties of Yuba and Sutter combined, and one in each of the other counties in the state. The term of office is six years. There are no set times for holding terms of court, but the judge is compelled to attend from day to day, the court being always open for legal business during the day. A number of other provisions intended to facilitate the transaction of business are in the constitution, one of which is that a judge cannot receive his salary if there remains a case undecided that has been submitted to him for ninety days.

At the election in September, 1879, Hon. Patrick O. Hundley, then judge of the district court,

was chosen superior judge of Butte county, which position he still holds.

The court was duly opened according to the provisions of the constitution, on Monday, the fifth of January, 1880, and has continued to deal out justice in civil, criminal and probate matters to the satisfaction of all but those who have been so unfortunate as to receive an adverse decision.

JUSTICE COURTS.

A justice court is an inferior local tribunal for the adjudication of minor causes and the preservation of the peace. By the law of 1850, the term of office of a justice of the peace was fixed at one year. Two justices were allowed to each township, also two constables, the officers who serve the processes of the court. The jurisdiction of a justice extended to the limits of the township for which he was elected. He had cognizance of actions on contract, for damages, and to recover specific property, when the amount or value did not exceed $200. In 1851, his powers were considerably increased. He had jurisdiction of actions to recover money, for damages to personal property, for fines, penalties and forfeitures, actions on bonds, enforcement of lien on personal property, actions to recover personal property and judgment by confession, where the amount in all these cases did not exceed $500, and on a bond taken by him if the amount did exceed that sum, cases of forcible entry and detainer, and the trial of the right of mining claims. The criminal jurisdiction embraced vagrancy, disorder, petty larceny, assault and battery, breaches of the peace, and all misdemeanors punishable by a fine of not more than $500 and not more than one year's imprisonment. In 1863, forcible entry and detainer cases were transferred to the county court, and the civil jurisdiction was reduced to amounts not exceeding $300. In 1870, the jurisdiction of cases of misdemeanor was extended to fines of $1,000 and imprisonment for one year; but in 1874 it was reduced to fines of $500 and six months' imprisonment. In 1863, the term of office of justices and constables was increased to two years. The new constitution preserved the justice courts as before.

The justices of the peace and constables who have held office in the various townships of the county are given below, together with the date of qualifying. The location and extent of the townships can be ascertained in the chapter entitled "Official History."

All prior to September, 1851, were elected in their respective localities before the court of sessions had divided the county into judicial townships :—

CONSTABLES, CHICO TOWNSHIP.