Slike strani

Such request of another judge may be presumed, although it appears that a request of the governor is also made and is two days later than acts of the requested judge. People v. Ah Lee Doon, 97 Cal. 171.

A judge of one court, at the request of the judge of the court where the proceeding is pending, may hold the court a portion of the time during which the proceedings are had. Eureka L. anıl Y. Co. Superior Court, 66 Cal. 311, 316.

SECTION 9. The legislature shall have no power to grant leave of absence to any judicial officer; and any such officer whu shall absent himself from the state for more than sixty consecutive days shall be deemed to have forfeited his office. The legislature of the state may at any time, two-thirds of the members of the senate and two-thirds of the members of the assembly voting therefor, increase or diminish the number of judges of the Superior Court in any county, or city and county, in the state; provided, that no such reduction shall affect any judge who has been elected,

Const. 1849, Art. VI, Sec. 5. [Leave of absence not permissible.]

Under act of March 5, 1887 [Stats. p. 19), the legislature increased the number of judges for San Bernardino county from one to two, and authorized the governor to appoint a judge to said office to hold until the first Monday after the first day of January, 1889, and also provided at the next general election a judge should be elected to said office to hold office for the term prescribed by the constitution and law. Held, that the judge so elected at

the general election in November, 1888, should hold his office for six years from the first Monday after the first day of January, 1889, according to the "constitution and law.” The People 1. Waterman, 86 Cal. 27.

As to election of judges, see Barton r. Kalloch, 56 Cal. 101.

Dereliction of duty in office may be punished, if the legislature so directs, as a crime, but dereliction may also work a forfeiture of office under civil process. Morton 7. Broderick, 118 Cal. 483.

SECTION 10. Justices of the Supreme Court, and judges of the Superior Courts, may be removed by concurrent resolution of both houses of the legislature, adopted by a two-thirds vote of each house. All other judicial officers, except justices of the peace, may be removed by the senate on the recommendation of the govenor, but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journal, por unless the party complained of has been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defense. On the question of removal, the ayes and noes shall be entered on the journal.

Const. 1849, Art. IV, Sec. 19. [Impeachment.]

SECTION 11. The legislature shall determine the number of justices of the peace to be elected in townships, incorporated cities and towns, or cities and counties, and shall fix by law the powers, duties, and responsibilities of justices of the peace; provided, such powers shall not in any case trench upon the jurisdiction of the several courts of record, except that said justices shall have concurrent jurisdiction with the Superior Courts in cases of

forcible entry and detainer, where the rental value does not exceed twenty-five dollars per month, and where the whole amount of damages claimed does not exceed two hundred dollars, and in cases to enforce and foreclose liens on personal property when neither the amount of the liens nor the value of the property amounts to three hundred dollars.

Const. 1849, Art. VI, Sec. 9. To entitle justice's court to jurisdiction in unlawful detainer, the plaintiff must not claim more than $200 damages, and the rental value must not in fact exceed twenty-five dollars per month. Jurisdiction cannot be given by the manner of framing the complaint. Ballerino v. Bigelow, 90 Cal. 502.

Under section 112 Code of Civil Procedure, the justices' courts have jurisdiction of all penalties "given by statute” which are under $300 whether the legality of the penalty is involved or not, but in case of "municipal fines” they have not jurisdiction if the legality is denied by the answer. Thomas 1. Justices' Court, 80 Cal. 40.

Where, in a contract for purchase of land, a part payment or deposit of less than three hundred dollars is made, the sale depending upon whether the title is good, and the money to be repaid if title is not good, the jurisdiction of an action to recover the deposit is in the Superior Court, as a question of title to land is involved therein. Schroeder v. Wittram, 66 Cal. 636, criticised. Copertini v. Oppermann, 76 Cal. 181. And see Hart v. CarnallHopkins Co., 103 Cal. 132.

The legislature has given jurisdiction of petit larceny to the justices' courts, and the Superior Court has no jurisdiction of that offense; and it is not a misdemeanor "not otherwise provided for," under section 5, article VI, constitution. Section 915, Penal Code, also provides that the grand jury shall inquire into all offenses committed or triable in the county, but it does not follow that the jurisdiction of the offense is determined by the form of the procedure. Ex parte Wallingford, 60 Cal. 103. The same is true of misdemeanor of keeping open a saloon on Sunday. [Ex parte McCarthy, 53 Cal. distinguished.] Gafford . Bush, 60 Cal. 150.

Justices of the peace are as much judicial officers as are justices of the Supreme Court. Their numbers, powers, duties and responsibilities are to be fixed by the legislature. [Sec. 1, Art. VI.] They were among the officers to he elected in 1879--—their term being shortened one year—and thereafter, on the even numbered years. The legislature has adopted the date of electing members of the legislature as the day for general election, by a valid and constitutional act amending section 1041, Political Code, [Amendments 1880, p. 77] and amendments to sections 85, 103, 110, Code of Civil Procedure. Amendments 1880, p. 21.) Coggins v. City of Sacramento, 59 Cal. 599, [approving People v. Ransom, 58 Cal. 558; Bishop v. Council of Oakland, Id. 572; Jenks v. Same, Id. 576.] And that they are included

in section 20, article XX, see McGrew v. Mayor, etc., 55 Cal. 611.

When the constitution conferred upon the Superior Court jurisdiction of misdemeanors, it was of those misdemeanors not otherwise provided for, and when the legislature exercised the power vested in it to "otherwise provide for other misdemeanors, and conferred jurisdiction upon justices' courts of certain misdemeanors, that jurisdiction became exclusive. [Conspiracy, Sec. 182, Penal Code.] Paterson, J., dissenting. Green v. Superior Court, 78 Cal. 556. See also Ex parte Donohue, 65 Cal. 474.

As to the election of justices. Bishop v. City of Oakland, 58 Cal. 572.

The office of justice of the peace is a creation of the constitution, and cannot be created by any city charter; such offices are filled by election at general state elections, even in cities, and not at a city election. Such officers are township, not city officers, and vacancies in the office must be filled by the board of supervisors of the county. People v. Sands, 102, Cal. 14. But see exparte Sparks, 120 Cal. 399, and section 81 of article XI infra.

Sections 1 and 11 of article VI, and section 3 of article XXII, being construed together it is held that the justices' of the peace in San Francisco have their term of office fixed by the consolidation act and its amendments, as existing at the time of the adoption of the constitution of 1879, and that their term of office was not affected by the county government

« PrejšnjaNaprej »