CHAPTER V. MISCELLANEOUS PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS. 182. Subsequent applications for orders refused, when prohibited. 183. Violations of preceding section. 184. Proceedings not affected by vacancy in office. 185. Proceedings to be in English language. 186. Abbreviations and figures. 187. Means to carry jurisdiction into effect. § 182. If an application for an order made to a Judge of a court in which the action or proceeding is pending, is refused in whole or in part, or is granted conditionally, no subsequent application for the same order shall be made to any Court Commissioner, or any other Judge, except of a higher court; but nothing in this section applies to motions refused for informality in the papers or proceedings necessary to obtain the order, or to motions refused with liberty to renew the same. Orders and motions generally-sec. 1003 et seq. Orders, appealable-sec. 939, subd. 3. Liberty to renew application-44 Cal. 235; 46 Cal. 285. § 183. A violation of the last section may be punished as a contempt; and an order made contrary thereto may be revoked by the Judge or Commissioner who made it, or vacated by a Judge of the court in which the action or proceeding is pending. Penalty for violation-see secs. 906, 1209. Ex parte order-vacating or modifying, sec. 937. § 184. No proceeding in any court of justice, in an action or special proceeding pending therein, shall be affected by a vacancy in the office of all or any of the judges thereof. Vacancy-secs. 42, 70. § 185. Every written proceeding in a court of justice in this State shall be in the English language, and judicial proceedings shall be conducted, preserved, and published in no other. Words and phrases-interpretation of, secs. 16, 17. § 186. Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner. See sec. 185n. § 187. When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code. Stipulation enforcing-53 Cal. 680. Suitable mode of proceeding-adopted, 50 Cal. 539, 544. TITLE III. Persons Specially Invested with Powers of a Judicial Nature. Chap. I. JURORS. §§ 190-254. II. COURT COMMISSIONERS. §§ 258, 259 CHAPTER I. JURORS. ARTICLE I. JURORS IN GENERAL. II. QUALIFICATIONS AND EXEMPTIONS OF JURORS. IV. OF DRAWING JURORS FOR COURTS OF RECORD. ORD. VII. OF SUMMONING JURORS OF INQUEST. VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED. IX. OF IMPANNELING GRAND JURIES. X. OF IMPANNELING TRIAL JURIES IN COURTS OF XI. OF IMPANNELING TRIAL JURIES IN COURTS NOT OF XII. OF IMPANNELING JURIES OF INQUEST. ARTICLE I. JURORS IN GENERAL. $ 190. Jury defined. 191. Different kinds of juries. 192. Grand jury defined. 193. Trial jury defined. 194. Number of a trial jury. § 195. Jury of inquest defined. § 190. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact. Jurors-qualifications and exemptions, secs. 198-202; selecting and summoning, secs. 204-238; impanneling, secs. 241-254. § 191. Juries are of three kinds: 1. Grand juries; 2. Trial juries; 3. Juries of inquest. § 192. A grand jury is a body of men, nineteen in number, returned in pursuance of law, from the citizens of a county, or city and county, before a court of competent jurisdiction, and sworn to inquire of public offense committed or triable within the county, or city and county. Grand jury, impanneling-secs. 241-242. How often drawnConst. Cal. art. 1, sec. 8. § 193. A trial jury is a body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine, by verdict, a question of fact. Trial by jury-secs. 600-619. Verdict-when need not be unanimous, Const. Cal. art. 1, sec. 7. See also, sec. 618. § 194. A trial jury shall consist of twelve men; provided, that in civil actions and cases of misdemeanor, it may consist of twelve, or of any number less than twelve, upon which the parties may agree in open court. Less than twelve-Const. Cal. art. 1, sec. 7; and see 18 Cal. 410. § 195. A jury of inquest is a body of men summoned from the citizens of a particular district before the Sheriff, Coroner, or other ministerial officer, to inquire of particular facts. ARTICLE II. QUALIFICATIONS AND EXEMPTIONS OF JURORS. § 198. Who competent to act as juror. $200. Who exempt from jury duty. 202. Affidavit of claim to exemption. § 198. A person is competent to act as juror if he be: 1. A citizen of the United States of the age of twentyone years, who shall have been a resident of the State one year, and of the county, or city and county, ninety days before being selected and returned; 2. In possession of his natural faculties, and of ordinary intelligence, and not decrepit; 3. Possessed of sufficient knowledge of the English language; 4. Assessed on the last assessment-roll of the county, or city and county, on property belonging to him. SUBDIVISION 1. Aliens-not competent, 17 Cal. 322; 51 Cal. 599. Residence, generally-see Const. Cal. art. 2, sec. 4, art. 20, sec. 12; Political Code, sec. 52; 4 Cal. 175; 6 Cal. 410; 7 Cal. 91; 15 Cal. 48; 26 Cal. 162; 31 Cal. 261, 650. Elector-juror formerly had to be-3 Cal. 108. SUBDIVISION 3. 32 Cal. 40. SUBDIVISION 4. 34 Cal. 672. § 199. A person is not competent to act as a juror: I. Who does not possess tlie qualifications prescribed by the preceding section; or, CODE CIV. PROC.-8. |