Constitutional changes, as to-21 Cal. 415; secs. 51, 52, 75, 76, 77, 112, 113, 114.

Constitutionality of laws-7 Cal. 65; 10 Cal. 293; 11 Cal. 176; 13 Cal. 24; 17 Cal. 548; 24 Cal. 427; 28 Cal. 118; 30 Cal. 99; 31 Cal. 261; 32 Cal. 242; 33 Cal. 212; 34 Cal. 520; 41 Cal. 147; 42 Cal. 316.

Co-ordinate, 9 Cal. 77, 608; 10 Cal. 495.

Costs-30 Cal. 546; 50 Cal. 30.

Courts-jurisdiction as to other, 8 Cal. 27, 34, 67, 268; 9 Cal. 77, 607; 11 Cal. 76; 37 Cal. 268; 39 Cal. 157; 49 Cal. 331; 51 Cal. 145, 562. Definition-10 Cal. 293; 43 Cal. 365; 44 Cal. 85.

Demurrer to-16 Cal. 432.

Equity-3 Cal. 130; 6 Cal. 376; 7 Cal. 348; 10 Cal. 529, 575; 13 Cal. 521, 553, 597, 626; 21 Cal. 438; 24 Cal. 61; 30 Cal. 440; 33 Cal. 45; 36 Cal. 639; 38 Cal. 265; 51 Cal. 431; 53 Cal. 656.

Exclusive-2 Cal. 308; 5 Cal. 268; 33 Cal. 85, 683; 53 Cal. 16, 412.
Extent-17 Cal. 363; 36 Cal. 159; 49 Cal. 351.

Forfeiture, actions for-33 Cal. 212; 36 Cal. 281.

Fugitives-5 Cal. 238; 23 Cal. 585.

Generally-4 Cal. 307; 6 Cal. 685; 12 Cal. 128; 13 Cal. 589; 17 Cal. 363; 19 Cal. 210, 374, 388; 23 Cal. 585; 27 Cal. 492; 30 Cal. 99, 440; 31 Cal. 170; 32 Cal. 140; 33 Cal. 506; 34 Cal. 321; 37 Cal. 69; 39 Cal. 315; 41 Cal. 202, 308; 43 Cal. 313; 46 Cal. 79, 245, 398; 47 Cal. 524; 48 Cal. 70, 127, 133; 49 Cal. 351, 491; 51 Cal. 3, 255, 435.

Habeas corpus-26 Cal. 372; 34 Cal. 682; 38 Cal. 145, 393, 499; 45 Cal. 199; 51 Cal. 317.

Incidents of-See sec. 187.

Inferior and limited, courts of-5 Cal. 195; 10 Cal. 293; 12 Cal. 283; 15 Cal. 297; 16 Cal. 432; 20 Cal. 39; 21 Cal. 167; 23 Cal. 402; 28 Cal. 118; 29 Cal. 307; 33 Cal. 318; 34 Cal. 321; 35 Cal. 269; 36 Cal. 135; 39 Cal. 517; 43 Cal. 455. Injunction-See secs. 525, 526; 37 Cal. 268.

Legislative powers and functions as to-5 Cal. 9, 43, 230, 343; 6 Cal. 143, 532; 7 Cal. 65; 8 Cal. 297; 13 Cal. 24; 17 Cal. 548; 25 Cal. 605; 30 Cal. 435; 32 Cal. 242; 33 Cal. 279; 35 Cal. 624; 42 Cal. 65; 48 Cal. 279; 50 Cal. 153; 52 Cal. 142.

Limited-See INFERIOR; also, 49 Cal. 465.

Loss of-4 Cal. 280; 6 Cal. 21; 15 Cal. 76; 49 Cal. 590.

Mandamus-15 Cal. 91; 26 Cal. 372; 29 Cal. 307; 30 Cal. 245, 435; 35 Cal. 213; 36 Cal. 283, 595; 39 Cal. 189, 411.

Naturalization-39 Cal. 98.

Nuisance-30 Cal. 573; 36 Cal. 193; 40 Cal. 396.

Objections to-16 Cal. 432.

Person-See ADMISSION, APPEARANCE, PUBLICATION OF SUMMONS; 5 Cal. 494; 7 Cal. 54; 34 Cal. 391; 36 Cal. 691; 46 Cal. 610; 53 Cal. 635. Presumption as to-2 Cal. 99, 146; 3 Cal. 426; 5 Cal. 149; 7 Cal. 291; 10 Cal. 50; 12 Cal. 283; 17 Cal. 354, 371, 424; 23 Cal. 402; 27 Cal. 67, 300; 31 Cal. 168, 342; 33 Cal. 45, 318, 505, 530; 34 Cal. 391; 40 Cal. 648; 44 Cal. 356; 49 Cal. 208; 53 Cal. 635.

Process-48 Cal. 133.

Prohibition, writ of-26 Cal. 372; 52 Cal. 516.

Publication of summons, notice, etc.-sec. 413; 12 Cal. 100, 283; 20 Cal. 81; 26 Cal. 149; 27 Cal. 295, 300; 30 Cal. 611; 31 Cal. 342; 33 Cal. 45, 506,

530; 34 Cal. 391; 37 Cal. 458; 39 Cal. 439; 44 Cal. 356; Belcher v. Chambers, 53 Cal. 635, overruling Halin v. Kelly, 34 Cal. 391.

Records-13 Cal. 24; 19 Cal. 127; 30 Cal. 439.

Restitution, writ of-19 Cal. 374.

Special cases-5 Cal. 43, 195; 42 Cal. 35.

Stipulation-See AGREEMENT.

Taxes, suits for-24 Cal. 61; 43 Cal. 492; 45 Cal. 199.

Test of-30 Cal. 546.

Trespass-39 Cal. 315, 319.

United States courts, generally-4 Cal. 368; 9 Cal. 698; 11 Cal. 176; 22 Cal. 84; 25 Cal. 605; 27 Cal. 164; 28 Cal. 98; 32 Cal. 231; 39 Cal. 318; 49 Cal. 526.

Vacation-See ADJOURNMENT.

Venue-37 Cal. 190; 46 Cal. 245; 49 Cal. 351.

Want of-7 Cal. 54; 8 Cal. 563; 12 Cal. 100; 16 Cal. 389; 17 Cal. 130; 23 Cal. 402; 27 Cal. 300; 28 Cal. 115; 30 Cal. 440; 34 Cal.391; 37 Cal. 458; 39 Cal. 570; 52 Cal. 97.

"Within the jurisdiction," defined-12 Cal. 306.

Witness-36 Cal. 522.

§ 34. The courts enumerated in the first three subdivisions of the last preceding section are courts of record. Const. Cal. art. 6, secs. 12, 22.

Court of record-definition, 34 Cal. 391; 52 Cal. 220.

CODE CIV. PROU.-4.

CHAPTER II.

COURT OF IMPEACHMENT.

$36. Members of the court.

37. Jurisdiction.

38. Officers of the court.

§ 39. Trial of impeachments provided for in the Penal Code.

§ 36. The Court of Impeachment is the Senate; when sitting as such court, the senators shall be upon oath; and at least two-thirds of the members elected shall be necessary to constitute a quorum.

Const. Cal. art. 4, sec. 17; art. 6, sec. 1.

§ 37. The court has jurisdiction to try impeachments, when presented by the Assembly, of the Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, Chief Justice of the Supreme Court, Associate Justices of the Supreme Court, and Judges of the Superior Courts, for any misdemeanor in office.

Const. Cal. art. 4, sec. 18.

Other civil officers-45 Cal. 200.

§ 38. The officers of the Senate are the cfficers of the

court.

See Penal Code, secs. 10, and 737 to 753.

Impeachment-manner of, 45 Cal. 200.

§ 39. Proceedings on the trial of impeachments are provided for in the Penal Code. See Penal Code, sec. 737 et seq.

48. Adjournments.

49. Decisions in writing.

50. Jurisdiction of two kinds.

51. Original jurisdiction.

52. Appellate jurisdiction.

53. Powers in appealed cases.

54. Concurrence necessary to transact business.
§ 55. Transfer of books, papers, and actions.
$56. Remittiturs in transferred cases.

§ 40. The Supreme Court shall consist of a Chief Justice and six Associate Justices, who shall be elected by the qualified electors of the State at large, at the general State elections next preceding the expiration of the terms of office of their predecessors respectively, and hold their offices for the term of twelve years from and after the first Monday after the first day of January next succeeding their election; provided, that of the justices elected at the general State election of eighteen hundred and seventy-nine, the Chief Justice shall go out of office at the end of eleven years, and the six Associate Justices shall have so classified, or shall so classify themselves, by lot, that two of them shall go out of office at the end of three years, two of them at the end of seven years, and two of them at the end of eleven years, from the first Monday after the first day of January, eighteen hundred and eighty; and an entry of such classification shall have been or shall be made in the minutes of the court in bank, signed by them, and a duplicate thereof filed in the office of the Secretary of State.

Const. Cal. art. 6, secs. 2, 3.

Eligibility-sec. 156.

Absence of judge-sec. 46; 2 Cal. 198, 610.
De facto judge-29 Cal. 485.

§ 41. The years during which a Justice of the Supreme Court is to hold office are to be computed respectively from and including the first Monday after the first day of January of any one year to and excluding the first Monday after the first day of January of the next succeeding

year.

Const. Cal. art. 6, sec. 3.

§ 42. If a vacancy occur in the office, of a Justice of the Supreme Court, the Governor shall appoint an eligible 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 of his predecessor.

Const. Cal. art. 6, sec. 3.

Vacancy-see sec. 40, ABSENCE OF JUDGE.

§ 43. There shall be two departments of the Supreme Court, denominated respectively Department One and Department Two. The Chief Justice shall assign three of the Associate Justices to each department, and such assignment may be changed by him from time to time; provided, that the Associate Justices shall be competent to sit in either department, and may interchange with one another by agreement among themselves, or if no such agreement be made, as ordered by the Chief Justice. The Chief Justice may sit in either department, and shall preside when so sitting; but the justices assigned to each department shall select one of their number as presiding justice. Each of the departments shall have the power to hear and determine causes and all questions arising therein, subject to the provisions in relation to the court in bank. The presence of three justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers; but one or more of the justices may adjourn from time to time with the same effect as if all were present, and the concurrence of three justices shall be necessary to pronounce a judgment; provided, that if three do not concur, the cause may be reheard in the same department, or transmitted to the other department, or to the court in bank.

Const. Cal. art. 6, sec. 2.

Chambers, powers at-sec. 165.
Adjournment, holidays-sec. 135.
Concurrence-32 Cal. 633.

§ 44. The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any