county; provided, that the seal of any such court, which has been adopted previous to the passage of this act, shall be the seal of such court, until another be adopted. See Act of March 31st, 1880, (Statutes 1880, p. 62), validating writs, process and certificates issued from Superior Courts before seal provided. § 150. The Police Court of every city and county may use any seal having upon it the inscription, Police Court, —," (inserting the name of the city and county). § 151. Courts which have not the necessary seal provided, or the Judge or judges thereof, shall request the Supervisors of their respective counties, or cities and counties, to provide the same, and in case of their failure to do so, may order the Sheriff to provide the same, and the expense thereof shall be a charge against the county or city and county treasury, and paid out of the general fund thereof; and until such seal be provided, the Clerk of each court may use his private seal, whenever a seal is required. § 152. The clerks of the court shall keep the seal thereof. § 153. The seal of a court need not be affixed to any proceeding therein or document, except: 1. To a writ; 2. To the certificate of probate of a will, or of the appointment of an executor, administrator, or guardian; 3. To the authentication of a copy of a record, or other proceeding of a court, or of an officer thereof, or of a copy of a document on tile in the office of the Clerk. Seals, generally-sec. 14, and note. CODE CIV. PROC.-7. CHAPTER I. II. IV. TITLE II. Judicial Officers. JUDICIAL OFFICERS IN GENERAL. §§ 156-161. III. DISQUALIFICATIONS OF JUDGES. §§ 170-172. V. MISCELLANEOUS PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS. §§ 182-187. CHAPTER I. JUDICIAL OFFICERS IN GENERAL. § 156. Qualifications of Justices of Supreme Court. 157. Qualifications of Superior Judges. 158. Residence of Superfor Judges. 159. Residence and qualification of Justices of the Peace. 160. Judges holding Superior Courts at request of Governor. 161. Justices and judges ineligible to other than judicial office. § 156. No person shall be eligible to the office of Chief or Associate Justice of the Supreme Court, unless he shall have been a citizen of the United States and a resident of this State for two years next preceding his election or appointment, nor unless he shall have been admitted to practice before the Supreme Court of the State. Attorney-admitted before Supreme Court: otherwise (before Const. Cal. 1879, art. 6, sec. 23), see 32 Cal. 296. § 157. No person shall be eligible to the office of Judge of a Superior Court unless he shall have been a citizen of the United States and a resident of this State for two years next preceding his election or appointment, nor unless he shall have been admitted to practice before the Supreme Court of the State. See sec. 156n. § 158. Each Judge of a Superior Court shall reside at the county seat of the county in which such court is held, or within three miles thereof, and within the county, except that in the counties of Yuba and Sutter the Judge may reside in either of said counties. § 159. Every Justice of the Peace shall reside in the city and county, or township, in which his court is held, and no person shall be eligible to the office of justice of the peace unless he shall have been a citizen of the United States and a resident of the city and county, or County, in which he is to serve for one year next preceding his election or appointment. § 160. If, by reason of sickness, absence, disability, or other cause, a regular session of the Superior Court cannot be held in any county by the Judge or judges thereof, or by a Superior Judge, requested by him or them to hold such court, a certificate of that fact shall be transmitted by the Clerk thereof to the Governor, who may thereupon request_some other Superior Judge to hold such court; and a Judge so holding a court, at the request of the Governor, shall be allowed his actual expenses in going to, returning from, and attending upon the business of such court, which shall be a charge against the treasury of the county where such court is held, and paid out of the general fund thereof. See sec. 71. Under Const. Cal. 1849-proper, 1 Cal. 379; 2 Cal. 207. § 161. The Justices of the Supreme Court and Judges of the Superior Courts shall be ineligible to any otlier office or public employment than a judicial office or employment during the term for which they shall have been elected. Const. Cal. art. 6, sec. 18. CHAPTER II. POWERS OF JUDGES AT CHAMBERS. 165. Powers of Justices of Supreme Court at chambers. § 165. The Justices of the Supreme Court, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge such orders and writs. See sec. 176; also secs. 177, 178, 179. § 166. The Judge or Judges of a Superior Court, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, and may, at chambers, hear and dispose of such orders and writs; and may also, at chambers, appoint appraisers, receive inventories and accounts to be filed, suspend the powers of executors, administrators, or guardians in the cases allowed by law, grant special letters of administration or guardianship, approve claims and bonds, and direct the issuance from the court of all writs and process necessary in the exercise of their powers in matters of probate. See sec. 155n. Hours, etc., for official business-Political Code, sec. 4116. Power at chambers, generally-10 Cal. 344; 17 Cal. 375; 27 Cal. 491; 80 Cal. 530, 565; 31 Cal. 173; 34 Cal. 331; 36 Cal. 24; 37 Cal. 15; 38 Cal. 439; 44 Cal. 84; 49 Cal. 239. Motions for new trials-heard at chambers before change of 1880. Probate matters-see sec. 1305. |