§ 86. The Supervisors of such city and county shall appoint a Justice's Clerk, on the written nomination and recommendation of said justices, or a majority of them, who shall hold office for two years, and until his successor is in like manner appointed and qualified. Said Justices' Clerk shall take the constitutional oath of office, and give bond in the sum of ten thousand dollars for the faithful discharge of the duties of his office, and in the same manner as is or may be required of other officers of such city and county. A new or additional bond may be required by the Supervisors of such city and county, and in such amount as may be fixed by said Supervisors, whenever they may deem it necessary. The Justices' Clerk shall have authority to appoint two deputy clerks, for whose acts he shall be responsible on his official bond, the said deputy clerks to hold office during the pleasure of said Clerk. Said Justices' Clerk and deputy shall have authority to administer oaths, and take and certify affidavits in any action, suit, or proceeding in said Justices' Court.

Clerks generally-see sec. 262.

§ 87. The Sheriff of such city and county shall be exofficio an officer of said court, and it shall be his duty to serve or execute, or cause to be served and executed, each and every process, writ, or order that may be issued by said Justice's Court; provided, that a summons issued from said court may be served and returned as provided in section eight hundred and forty-nine of this Code; and that subpoenas may be issued by the Justices' Clerk, and served as provided in section one thousand nine hundred and eighty-seven and one thousand nine hundred and eighty-eight of this Code. The said Sheriff may appoint, in addition to the other deputies allowed by law, three deputies, whose duty it shall be to assist said Sheriff in serving and executing the process, writs, and orders of the said Justice's Court. Said deputies shall receive a salary of one hundred and twenty-five dollars per month each, payable monthly out of the city and county treasury, and out of the special fee fund, after being first allowed and audited as other demands are by law required to be audited and allowed. One of said deputies shall remain in attendance during the sessions of said court, and at such other times as the said court or the Presiding Justice thereof may order and direct, for the purpose of attending to such duties as may be imposed on said Sheriff or said deputies, as herein provided, or required by law. The said Sheriff shall be liable on his official bond for the

faithful performance of all duties required of him or any of his said deputies.

Sheriff generally-see sec. 262.

§ 88. The Supervisors of such city and county shall provide, in some convenient locality in the city and county, a suitable office or suite of offices for said Presiding Justice, Justices' Clerk, Deputy Clerk, and Deputy Sheriff, and offices suitable for holding sessions of said court, and separate from one another, for each of said Justices of the Peace, together with attendants, furniture, fuel, lights, and stationery sufficient for the transaction of business; and if they are not provided, the court may direct the Sheriff to provide the same, and the expenses incurred, certified by the justices to be correct, shall be a charge against the city and county treasury, and paid out of the general fund thereof. The said Justices, Justices' Clerk, and Deputy Clerk shall be in attendance at their respective offices, for the dispatch of official business, daily, from the hour of eight o'clock A. M. until five o'clock P. M.

§ 89. All actions, suits, and proceedings in such city and county whereof Justices of the Peace or Justices' Courts have jurisdiction, except those cases of concurrent jurisdiction that may be commenced in some other court, shall be entitled, "In the Justices' Court of the City and County of (inserting the name of the city and county) and commenced and prosecuted in said Justices' Court, which shall be always open. The original process shall be returnable, and the parties summoned required to appear before the Presiding Justice, or before one of the other Justices of the Peace, to be designated by the Presiding Justice, at his office; but all complaints, answers, and other pleadings and papers, required to be filed, shall be filed, and a record of all such actions, suits, and proceedings made and kept in the Clerk's office aforesaid; and the Presiding Justice and each of the other justices shall have power, jurisdiction, and authority to hear, try, and determine any action, suit, or proceeding so commenced, and which shall have been made returnable before him, or may be assigned or transferred to him, or any motion, application, or issue therein, (subject to the constitutional right of trial by jury) and to make any necessary and proper orders therein.

Concurrent jurisdiction-see sec. 113.

§ 90. In case of sickness or disability or absence of a Justice of the Peace (on the return of a summons or at

the time appointed for trial) to whom a cause has been assigned, the Presiding Justice shall reassign the cause to some other justice, who shall proceed with the trial and disposition of said cause in the same manner as if originally assigned to him; and if, at any time before the trial of a cause or matter returnable or pending before any of said justices, either party shall object to having the cause or matter tried before such justice, on the ground that such justice is a material witness for either party, or on the ground of the interest, prejudice, or bias of such justice, and such objection be made to appear in the manner prescribed by section eight hundred and thirty-three of this Code, the said justice shall suspend proceedings, and the Presiding Justice, on motion and production before him of the affidavit and proofs, shall order the transfer of the cause or matter for trial before some other justice, to be designated by him. The Presiding Justice may, in like manner, assign or transfer any contested motion, application, or issue in law, arising in any cause returnable or pending before him or any other justice, to some other justice; and the said justice, to whom any cause, matter, motion, application, or issue shall be so as aforesaid assigned or transferred, shall have power, jurisdiction, and authority to hear, try, and determine the same accordingly.

§ 91. All legal process of every kind in actions, suits, or proceedings in said Justices' Court, for the issue or service of which any fee is or may be allowed by law, shall be issued by the said Justices' Clerk upon the order of the Presiding Justice, or upon the order of one of the Justices of the Peace, acting as Presiding Justice, as in this article provided; and the fees for issuance and service of all such process, and all other fees which are allowed by law for any official services of justices, justices' clerks, or sheriff, shall be exacted and paid in advance into the hands of said Clerk, and be by him daily, or weekly, or monthly, as the Supervisors may require, and before his salary shall be allowed, accounted for in detail, under. oath, and paid into the treasury of such city and county as part of the special fee fund thereof; provided, that such payment in advance shall not be exacted from parties who may prove to the satisfaction of the Presiding Justice that they have a good cause of action, and that they are not of sufficient pecuniary ability to pay the legal fees; and no judgment shall be rendered in any action before said Justices' Court, or any of said justices, until the fees allowed therefor, and all fees for previous services

therein, which are destined to be paid into the treasury, shall have been paid, except in cases of poor persons, as herein before provided.

Const. Cal. art. 6, sec. 15.

Fees-change of, 14 Cal. 12; 26 Cal. 18.

§ 92. Cases which by the provisions of law are required to be certified to the Superior Court, by reason of involving the question of title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, shall be so certified by the Presiding Justice and Justices' Clerk; and for that purpose, if such question shall arise on the trial, while the case is pending before one of the other justices, such justice shall certify the same to the Presiding Justice. All abstracts and transcripts of judgments and proceedings in said court, or in any of the dockets or registers of or deposited in said court, shall be given and certified from any of such dockets or registers, and signed by the Presiding Justice and Clerk, and shall have the same force and effect as abstracts and transcripts of Justices of the Peace in other cases. Appeals from judgments rendered in said court shall be taken and perfected in the manner prescribed by law; but the notice of appeal, and all the papers required to be filed to perfect it, shall be filed with the Justices' Clerk. Statements on appeal shall be settled by the justice who tried the cause. Sureties on appeal, or on any bond, or undertaking given in any cause or proceeding in said court, when required to justify, may justify before any one of the justices.

Transfer-to Superior Court, see sec. 838.

Appeals-see sec. 974, et seq.

§ 93. In a suitable book, strongly bound, the Justices' Clerk shall keep a permanent record of all actions, proceedings, and judgments commenced, had, or rendered in said Justices' Court, which book shall be a public record, and be known as the "Justices' Docket," in which docket the Clerk shall make the same entries as are provided for in section nine hundred and eleven of this Code, and which said docket and entries therein shall have the same force and effect as is provided by law in reference to dockets of Justices of the Peace. To enable the Clerk to make up such docket, each of the justices shall keep minutes of his proceedings in every cause returnable before or assigned or transferred to him for trial or hearing; and upon judgment or other disposition of a cause, such justice shall immediately certify and return the said minutes, to

gether with all pleadings and papers in said cause, to the Clerk's office, who shall immediately thereupon file the same and make the proper entries under the title of the action in the docket aforesaid.

Docket-generally, sec. 911 et seq.; effect of, sec. 912.

§ 94. The jurisdiction of the Justices' Court of such city and county extends to the limits of the city and county, and its process may be served in any part thereof. Jurisdiction-character of, secs. 33n, 925.

Process-see sec. 78n.

§ 95. The Justices' Court and the Justices of the Peace of every such city and county shall be governed in their proceedings by the provisions of law regulating proceedings before Justices of the Peace, so far as such provisions are not altered or modified in this article, and the same are or can be made applicable in the several cases arising before them. The Justices' Courts of such city and county shall have power to make rules not inconsiswith the Constitution and laws for the government of such Justices' Court and the officers thereof: but such rules shall not be in force until thirty days after their publication; and no rules shall be made imposing any tax or charge on any legal proceeding, or giving any allowance to any justice or officer for services.

Provisions-applicable, secs. 832-925.

Rules-of courts generally, sec. 129.

§ 96. It shall not be lawful for any Justice of the Peace, Justices' Clerk, or Sheriff of any such city and county, or any of their deputies, to appear or advocate, or in any manner act as attorney, counsel, or agent for any party or person in any cause, or in relation to any demand, account, or claim pending, or to be sued or prosecuted before said court or justices, or either of them; nor shall any person other than an attorney-at-law, duly admitted to practice in courts of record, be permitted to appear as attorney or agent for any party in any cause or proceeding before said Justice's Court, or any of said justices, unless he produce a sufficient power of attorney to that effect, duly executed and acknowledged before some officer authorized by law to take acknowledgments of deeds, which power of attorney, or a copy thereof, duly certified by one of the justices, (who on inspection of the original, and being satisfied of its genuineness, shall certify such copy) shall be filed among the papers in such cause or proceeding.

See sec. 171.