In the County of Yolo, on the third Monday of March, July, and November. 1361. SEC. 10. There shall be held, in the fourteenth judicial district, terms of said Fourteenth. court as follows: In the County of Placer, on the first Monday in February, May, August, and November. In the County of Nevada, on the second Monday in March, June, September, and December. [Amendment, approved December 23, 1863; 1863-4, 7; took effect from passage. 1362. [SEC. 11 was superseded by Sec. 1 of an act of 1864 as follows:] There shall be held in each of the counties composing the tenth judicial district of Tenth. this State, terms of the district court commencing as follows: In the County of Colusa, on the first Monday of January, May, and September. In the County of Yuba, on the third Monday of January, May, and September. In the County of Sutter, on the fourth Monday of February, June, and October. In the County of Sierra, on the third Monday of March, and second Monday of July and November. [Act approved January 30, 1864; 1863-4, 41; took effect from February 1, 1864. 1363. [SEC. 12 was superseded by Sec. 1 of an act of 1864 as follows:] There shall be held, in the counties composing the second judicial district, terms of Second. the district court as follows: In the County of Butte, on the second Monday of March, on the fourth Monday of July, and on the second Monday of December. In the County of Tehama, on the second Monday of February, on the fourth Monday of June, and on the second Monday of November. In the County of Plumas, on the second Monday of May, and on the fourth Monday of September. In the County of Lassen, on the first Monday of June, and on the second Monday of October. [Act, approved April 4, 1864; 1863-4, 483; took effect from passage. 1364. SEC. 13. There shall be held, in the ninth judicial district, terms of said court Ninth. as follows: In the County of Shasta, on the second Monday of March, June, and November. In the County of Trinity, on the second Monday of April, August, and December. In the County of Siskiyou, on the third Monday of January, May, and September. 1365. SEC. 14. There shall be held, in the eighth judicial district, terms of said Eighth. court as follows: In the County of Humboldt, on the second Monday of March, June, September, and December. In the County of Klamath, on the second Monday of April, July, and October. In the County of Del Norte, on the second Monday of May, August, and November. [The supplemental and amendatory act of 1864, from which the above amendments to Secs. 3 and 4 are inserted, contains a Sec. 3 supplemental to the act of 1863, which is here inserted.] 1366. There shall be held, in the fifteenth judicial district, terms of said court as Fifteenth. follows: In the City and County of San Francisco, on the first Monday of March, June, September, and December. In the County of Contra Costa, on the third Tuesday of February, July, and November. TERMS OF THE COUNTY COURTS AND PROBATE COURTS. courts. 1367. SEC. 15. There shall be held, in the several counties of this State, terms of Terms of county the county courts, commencing on the first Monday of January, March, May, July, September, and November, in each year; provided, that in the County of Tuolumne the terms of the county court shall be held as now provided by law;(") provided, further, that in the County of Placer the terms of the county court shall be commenced on the first Monday of March, June, September, and December, of each year.(*) 1368. SEC. 16. The terms of the probate courts shall be held at the same time as Probate Courts. (") These terms appear to be as provided by act, approved April 15, 1859, 256, which provided that they "shall be holden on the first Monday of January, May, and September, of each year, and may continue in session until the commencement of the next term, unless all the business of the courts be sconer disposed of." (3) A number of changes have been made in regard to the times of holding the county and probate courts, which will be found in the acts following. See 1877. Adjourning district court to a certain day. Special terms. Notice of, to be given. Terms fixed. County court. Probate court. County court. Ootusa. the terms of the county courts; provided, that (except in the City and County of San An Act concerning the district courts of this State. Approved March 1, 1864; 1863-4, 118. 1369. SECTION 1. It shall be lawful for the district court sitting in any county of this State, by an order entered on its minutes, to adjourn the court to a day certain, within the time fixed by law for the commencement of the next term in such county, notwithstanding a term or terms for some other county within the same district may intervene; provided, that such special term shall not interfere with any general term in said district.(") SEC. 2. This act shall take effect and be in force from and after its passage. [An Act to provide for the holding of a special term of the district court of the fourteenth judicial district in and for Placer County, beginning on the first Monday of April, 1864, was approved March 16, 1864; 1863-4, 187.] An Act relating to the first judicial district, and to fix the time for holding the courts in said district. Approved April 4, 1864; 1863-4, 451. [Section 1, which relates to the terms of the district court, is a substitution for Sec. 1 of the act of April 27, 1863, and is therein inserted.] 1370. SEC. 2. Special terms of the district court may, in the discretion of the judge, be held in each of said counties composing the first judicial district whenever, in the opinion of the bar in each county in said district, the public interest requires the same. 1371. SEC. 3. Whenever a special term of said court shall be called in either of said counties, the clerk of such court shall, on receipt of the order of the judge calling the same, give notice thereof, by posting a notice at the court-house door, or by publication in a newspaper of the county. 1372. SEC. 4. So much of an act entitled an act providing for the time of holding the several courts of record of this State, approved April twenty-seventh, eighteen hundred and sixty-three, as relates to the time of holding the terms of the district court in the first judicial district, is hereby repealed. SEC. 5. This act shall take effect from and after the first day of May, A. D. eighteen hundred and sixty-four. An Act providing for the time of holding the terms of the district court in Merced County. 1373. SECTION 1. There shall be held in the County of Merced terms of the district court as follows: On the fourth Monday of January, May, and September. SEC. 2. This act shall take effect and be in force from and after its passage. 1374. SECTION 1. The regular terms of the county court in and for the County of El Dorado shall be held at the county-seat of said county on the third Monday of January, April, July, and October, in each year. The regular terms of the probate court in and for the County of El Dorado shall be held at the county-seat of said county on the fourth Monday of every month in each year. SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. This act shall take effect from and after the first day of January, one thousand eight hundred and sixty-four. An Act providing for the time of holding the several courts of record in the tenth judicial district. Approved January 80, 1864; 1863-4, 41. [SECTION 1 relates to the district court, and is inserted in place of Sec. 11 of the act of April 27, 1863, which it superseded.] 1375. SEO. 2. There shall be held in each of said counties terms of the county court commencing as follows: In the County of Colusa, on the third Monday of January, April, July, and October. superseded), consisted of provisions much like the text in regard to the sixth district alone. (4) An act concerning the terms of courts of the sixth judicial district," approved April 25, 1863, 579 (which appears to be In the County of Yuba, on the first Monday of January, April, and July, and second Yuba. Monday of October. In the County of Sutter, on the first Monday of January, April, July, and October. Sutter. In the County of Sierra, on the third Monday of April, June, and September, and Sierra. second Monday of December. 1376. SEC. 3. Terms of the probate court shall be held in each of said counties on Probate court. the first Monday of every month. SEC. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 5. This act shall take effect and be in force from and after the first day of February, A. D. one thousand eight hundred and sixty-four. ["An Act to provide for the holding of a special term of the district court in and for Trinity County," commencing on the second Monday in February, 1864, or any of the six judicial days following, was approved January 30, 1864; 1863–4, 43.] An Act in relation to the probate court in the City and County of San Francisco. Approved February 10. 1864; 1863-4, 70. 1377. SECTION 1. There shall be in each year twelve terms of the probate court in Term of court the City and County of San Francisco, one of which terms shall commence on the monthly. first Monday of each month. Each term of said court shall, either with or without intermediate adjournments, continue to the commencement of the next term. continuance of 1378. SEC. 2. In case of the absence of the probate judge from the said court upon Absence of any day upon which any petition, citation, notice, process, order, matter, or business probate judge, whatsoever shall be made returnable to said court, or may come on, or be set for hear- proceedings. ing, examination, or determination therein, or be pending in said court, no such petition, citation, notice, process, order, matter, or business, shall fail by reason of such absence, but the same, and the hearing, examination, or determination thereof, and all matter depending thereon or connected therewith, shall be continued to the next Monday thereafter, at the hour of twelve of the clock, meridian, and in case of the further continuation of such absence, shall be continued from Monday to Monday, at the same hour, until the said judge shall be present in said court, at the time to which any such continuance shall be made. The clerk of said court shall make an entry in the min- Duty of clerk. utes of said court of every such absence, and such entry shall be conclusive evidence of the fact of such absence, and of every continuance provided for by this act. The clerk may also enter a special continuance in every case or matter for which a con- · tinuance is by this act provided, but the general entry before referred to shall be sufficient for all cases. 1379. SEC. 3. Any deputy of the county clerk of said City and County, no matter Any deputy of county clerk for what court, duty, or business he may be particularly deputized or assigned, may may t act as his deputy in the probate court. SEC. 4. An act entitled an act in relation to the probate court in the City and County of San Francisco, approved May eighteenth, eighteen hundred and sixty-one,(") and all acts and parts of acts inconsistent with this act, are hereby repealed. SEC. 5. This act shall take effect from and after its passage. An Act changing the time for holding the county and probate courts in the County of Ama dor. Approved February 18, 1864; 1863-4, 91. 1380. SECTION 1. The regular terms of the county court and probate court in and Terms of courts. for the said County of Amador shall be held at Jackson, the county seat of Amador County, commencing on the first Monday of January, April, July, and October, in each year, and shall continue until the business is disposed of. SEC. 2. This act shall take effect and be in force from and after its passage. An Act to fix the time of holding the county court and probate court in the County of Marin. Approved February 18, 1864; 1863-4, 94. 1381. SECTION 1. The terms of the county court and the probate court in and for Terms of courts. the County of Marin, shall be held at the county-seat of said county, and shall commence on the first Monday of February, April, June, August, October, and December of each year. SEC. 2. All acts or parts of acts contrary to or inconsistent with the provisions of (*) The act referred to will be found in the statutes of 1861, 509. Terms of county counties. this act, so far as they relate to the terms of the county court and probate court of the County of Marin, are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. An Act in regard to holding terms of the county court in certain counties of this State. 1382. SECTION 1. There shall be held in the Counties of Placer, San Luis Obispo, court in certain Santa Barbara, and Monterey, four terms of the county court in each year, beginning on the first Mondays of the months of March, June, September, and December; and in the Counties of Del Norte and Klamath there shall be held three terms of said court annually, beginning on the first Mondays of the months of April, July, and October, and shall continue until the business thereof is finished. Special terms of said courts shall be held whenever in the opinion of the county judge the public interest requires the same, after giving five days' notice thereof. SEC. 2. This act shall take effect on and after its passage. An Act to fix the terms of the county court and probate court of the County of Sacramento. 1383. SECTION 1. The regular terms of the county court and of the probate court of the County of Sacramento shall be held on the first Monday of January, April, July, and October in each year, and may continue until the commencement of the succeeding term. SEC. 2. This act shall take effect and be operative from the date of its passage, and so much of any act as is in conflict with it is hereby repealed. An Act to regulate the times for holding the terms and sessions of the county court, probate court, and the board of supervisors, of the County of San Mateo. Approved March 24, 1864; 1863–4, 242. 1384. SECTION 1. In and for the County of San Mateo there shall be held in each year only three general terms of the county court, namely, commencing on the first Mondays in February and June, and the last Monday in September; and special terms, not exceeding three, to be held at such times and upon such notice as the said court or the county judge may order and direct, such order to be entered in the minutes of the court, if then or when next in session, but no grand or trial jury shall be ordered or summoned, except for a general term. 1385. SEC. 2. The terms of the probate court, general and special, shall be held at he same time with those of the county court: Provided, that the business of the county court at the general terms shall take precedence; but business in the probate court, either at a general or special term, may be taken up and dispatched whenever the county court is not otherwise occupied. 1386. SEC. 3. In and for the County of San Mateo regular sessions of the board of supervisors shall be held in the county court-house at the county-seat on the first Mondays in July, October, January, and April in each year, and special sessions at such times as the board may order and direct; but the order and notice for any such special session shall specify the particular business for which it is called, and no other business shall be transacted thereat; provided, that for the present year a regular session of the board shall be held on the first Monday in May, in lieu of the first Monday in April. 1387. SEC. 4. At any meeting or session, whether general or special, four supervisors shall constitute a quorum to do business. Nothing in this act contained shall have effect to authorize the allowance or payment of per diem or mileage to said supervisors for any number of days or sessions greater than is now allowed and limited by law. 1388. SEO. 5. The terms and sessions of the county court, probate court, and board of supervisors, prescribed by this act, are not in addition to, but in lieu of, those now authorized by law. An Act providing for the time of holding the county and probate courts in the Counties of Alameda and Napa. Approved April 1, 1864; 1863-4, 295. 1389. SECTION 1. There shall be held in the County of Alameda terms of the county court and probate court as follows, to wit: On the first Monday in January, April, and July, and on the third Monday in September, of each year. And there shall be held in the County of Napa terms of the county court and probate court as follows, to SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed. An Act to change and fix the time of holding the probate court in the County of San Bernardino. Approved April 4, 1864; 1863-4, 895. 1390. SECTION 1. The probate court of the County of San Bernardino shall be Time fixed. held on the fourth Monday of each month, and continue until all the business is completed. SEC. 2. All acts and parts of acts inconsistent with the foregoing are hereby repealed. An Act fixing the time of holding the county court and probate court in the County of Approved April 4, 1864; 1863-4, 421. 1391. SECTION 1. The terms of the county court and probate court in the County Terms fixed. of Calaveras shall hereafter be held on the first Monday of March, June, September, and December of each year, and may continue in session until the commencement of the next term, unless all the business of said courts be sooner disposed of. 1392. SEC. 2. Special terms of said courts may be held by order of the county Special terms. judge whenever, in his opinion, the public interest requires it. Notices of such orders shall be given by the county clerk by posting such notice for ten days at the courthouse door, and by one publication of the same in each of the newspapers published in said county. SEC. 3. This act shall take effect from and after the thirty-first day of May, one thousand eight hundred and sixty-four. An Act to fix the time of holding the county courts and probate courts in the Counties of Shasta and Mendocino. Approved April 4, 1864; 1863-4, 476. 1393. SECTION 1. The terms of the county courts in and for the County of Shasta County court. shall be held as follows: Commencing on the first Monday of January, May, and Sep tember, of each year. 1394. SEC. 2. The terms of the probate courts in and for the County of Shasta shall Probate court. be held as follows: Commencing on the first Monday of February, April, June, August, October, and December, in each year. 1395. SEC. 3. The regular terms of the county and probate courts in and for the County and probate courts. County of Mendocino shall commence on the first Monday in March, June, September, and December, of each year. SEC. 4. All acts or parts of acts in conflict with this act, so far as they refer to the Counties of Shasta and Mendocino, are hereby repealed. SEC. 5. This act shall be in force from and after its passage. VI. TRANSFER OF CASES FROM OLD TO NEW COURTS. An Act providing for the transfer of cases, on the first day of January next, to the courts established by the present constitution. Approved December 23, 1863; 1863-4, 1. 1396. SECTION 1. That all actions, suits, prosecutions, causes, pleas, process, pro- Transfer of cases. ceedings, files, seals, rules, records, and books, and all pleadings and papers relative to any case, civil or criminal (which might have been cognizable in the courts established by the present constitution), now belonging to, pending in, or returnable to, or which may hereafter be brought in the several courts of this State superseded by the present constitution, in manner following, that is to say: All such as shall on the In supremo first day of January next be pending and undetermined in the present supreme court, shall be and are hereby declared to be respectively transferred, continued to, and vested in the supreme court established by the present constitution, and shall be court. |