The jurisdiction of the court of a justice of the peace extends to actions in the following cases, where the amount sought to be recovered is not more than $500:

Actions on contracts for the payment of money; for damages for injuries to the person, or for taking, detaining, or injuring personal property; for fines, penalties, and forfeitures, given by statute or the ordinance of an incorporated city; for the amount due on bond, no matter how high the penalty; for the instalments of a bond as each become due; for the foreclosure of a mortgage or lien on personal property; to recover possession of personal property, and to enter judgment by confession. In all these cases, the jurisdiction of a justice's court is perfect to the amount named, and in actions upon contracts for the payment of money, or foreclosure of a mortgage or lien on personal property, the amount named is exclusive of interest due, which is recoverable in the same action. (a)

These courts can try cases on all bonds and undertakings taken by themselves in the execution of their official duties, though the penalty or amount claimed exceed five hundred dollars; and actions of forcible entry; and forcible or unlawful detention of lands, tenements, or other possessions; but the justice's court of the county of San Francisco is limited. to the sum of two hundred dollars, exclusive of interest, in all those cases where the amount is fixed at five hundred dollars.(b)

These courts can try the right to mining claims within their respective jurisdictions.(c) These courts also take cognizance of proceedings respecting vagrants and disorderly persons.(d)

The criminal jurisdiction of these courts, except the limits. of the city of San Francisco, extends to petit larceny, assault and battery, if not committed on a public officer in the discharge of his official duties, or with intent to kill,(e) breaches of the peace, riots, affrays, wilful injuries to pro

perty, and all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding three months, or by both such fine and imprisonment. As examining courts, their jurisdiction extends to crime committed within their respective counties; and as committing magistrates, to all criminals found within their respective counties, charged with the commission of a public offence within the state, and beyond the limits of their county.(a) These courts are limited in their jurisdiction in criminal cases, as regards the defendants, to persons residing in their respective townships or cities; but it is co-extensive with the county, when there is no justice in the township where the defendant resides, or one capable of acting in the matter.(b)

IN WHAT CASES A JUSTICE'S COURT HAS NO JURISDICTION.

These courts have no jurisdiction where it is necessary for the court, in deciding the case, to decide upon the title to real estate. (c) As where A. paid B. one hundred dollars, for a trespass done to B. by cutting timber, and afterwards A. discovered that B. had no right to the land on which A. cut the timber, and brought his action against B. to recover back the money.(d) Here it would be necessary, for the plaintiff to make out his case, to show no title in B. to entitle him to recover, and consequently a justice's court would have no jurisdiction.

These courts have no jurisdiction to foreclose a mortgage or enforce a lien on real estate, nor to actions for the recovery of money on contracts for more than five hundred dollars, exclusive of interest, or for personal property to greater value than for five hundred dollars, and for damages to person or personal property over five hundred dollars, and in the county of San Francisco for sums not over two hundred dollars. These courts have no jurisdiction in an action or proceeding against ships, vessels, or boats, or

(a) 2 California Statutes, p. 223. (b) 2 California Statutes, p. 224.

(c) Laws of 1853, ch. 180, p. 299. (d) 3 California Statutes, p. 163.

against the owners or masters thereof, when the suit or proceeding is for the recovery of seamen's wages for a voyage performed in whole or in part without the waters of this state.

The special jurisdiction of these courts extends to cases for injury to the person, or real or personal property; the action to be brought where the injury was committed, and where property is taken or detained, and the action to be brought in the township or city where the property is found or was taken. Where the defendant is a non-resident of the county, suit can be brought against him in the township or city where he may be found. Where the obligation and contract binds the defendant to perform it at a particular place, and he resides in another township or city, suit may be brought in the township or city where the same was to be performed, or the place where the defendant resides. Where a lien mortgage on personal property is foreclosed, the suit is to be brought in the township where the property is situ ated. Judgments by confession are to be entered up where the warrant specifies, and judgments may be entered up on the voluntary appearance of the parties without regard to their residence, or where the cause of action arose, or the subject matter may exist. Where two or more persons are jointly liable, or jointly and severally liable, on debt or contract, or otherwise jointly liable in the same action, and reside in different townships or different cities of the same county, or in different counties, the plaintiff may prosecute his action. before one of these courts in any township or city where one of the persons liable may reside.(a)

RECORDER'S COURTS.

The jurisdiction of these courts is the same within their respective cities, as the criminal jurisdiction of the justices' courts.(b)

They are also examining courts and committing magistrates, and in addition to these cases their jurisdiction extends to all cases for the violation of the ordinances of their

(a) 2 California Statutes, 134, 135. (b) Laws of 1853, ch. 180, p. 300.

respective cities, to all actions to abate or prevent nuisances within the limits of their respective cities, and all proceedings respecting vagrants and disorderly persons.

MAYORS' COURTS.

When authorized by law to hold courts, they have the same jurisdiction, within the limits of their cities, as is by law conferred upon recorders' courts.(a)

PROBATE COURT.

The county judge of each county shall be the judge of the probate court. Laws of 1853, ch. 7, s. 62, p. 297.

The probate court shall have power to open and receive the proof of last wills and testaments, and to admit them to probate; to grant letters testamentary, of administration and of guardianship, and to revoke the same, for cause shown according to law; to compel executors, administrators, and guardians to render an account when required, or at the period fixed by law; to order the sale of property of estates or belonging to minors; to order the payment of debts due by estates; to order and regulate all partitions of property or estate of deceased persons; to compel the attendance of witnesses; to appoint appraisers or arbitrators; to compel the production of title deeds, papers, or other property of an estate or of a minor; and to make such other orders as may be necessary and proper, in the exercise of the jurisdiction. conferred upon the probate court. Ib. s. 63.

The county judge shall have power in vacation to appoint appraisers, to receive inventories and accounts to be filed in his court: to suspend the powers of executors, administrators, or guardians in the cases allowed by law; to grant special letters of administration or guardianship; to approve claims and bonds, and to direct the issuance from this court of all writs and processes necessary in the exercise of his powers as probate judge. Ib. s. 64.

(a) Laws of 1853, ch. 180, p. 301.

THE COURT OF SESSIONS.

The jurisdiction of these courts extends to inquiries by the grand jury, of all public offences committed or triable in its county. In the county of San Francisco, to try all indictments found therein, and, in other counties, to try and determine all indictments found therein for public offences, except murder, manslaughter, arson, and such crimes as are punishable with death; to hear and determine appeals from the justices', mayors', and recorders' courts in cases of a criminal nature; but they have no jurisdiction to try indictments against a justice of the peace, or any of its members.(a)

The court of sessions, except in the counties in which a board of supervisors is established, shall also have power and jurisdiction in its county

Frist. To make orders respecting the property of the county, in conformity with any law of this state, and to take care of and preserve such property.

Second. To examine, settle, and allow all accounts legally chargeable against the county, and to direct the levying such per centage on the assessed value of real and personal property in the county as may be authorized by law.

Third. To examine and audit the accounts of all officers having the care, management, collection, and disbursement of any money belonging to the county, or appropriated by law, or otherwise, for its use and benefit.

Fourth. To control and manage public roads, turnpikes, ferries, canals, and bridges within the county, where the law does not prohibit such jurisdiction, and to make such orders. as may be necessary and requisite to carry its control and management into effect.

Fifth. To divide the county into townships, and to create new townships, and to change the divisions of the same, as the convenience of the county may require.

Sixth. To establish and change election precincts.

Seventh. To control and manage the property, real and personal, belonging to the county, and to receive by donation any property for the use and benefit of the county.

(a) Laws of 1853, ch. 180, pp. 294, 295.