ACTS AMENDATORY OF THE CODE OF CIVIL PROCEDURE PASSED AT THE TWENTY-FIRST SESSION OF THE LEGISLATURE. CHAP. XIX.-An Act to amend section fifty-eight of the Code of Civil Procedure. [Approved January 20, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section fifty-eight of the Code of Civil Procedure is hereby amended so as to read as follows: District. 58. In the First Judicial District terms of the District Terms of Court must be held as follows: "In the County of San Court, First Luis Obispo, on the second Monday of January, May, and September. In the County of Ventura, on the first Monday of March, July, and November. In the County of Santa Barbara, on the fourth Monday of March, July, and November. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCXXVIII.-An Act to amend the fifty-ninth section of the Code of Civil Procedure, fixing the terms of Court of the Second Judicial District. [Approved March 15, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section fifty-nine of the Code of Civil Procedure is hereby amended so as to read as follows: Terms of ond District. 59. In the Second Judicial District terms of the District Court must be held as follows: In the County of Tehama, on the first Monday of January, on the first Monday of April, on the first Monday of July, and on the first Monday of October. In the County of Butte, on the first Monday of February, on the first Monday of May, and on the first Monday of November. SEC. 2. This Act shall be in effect from and after its passage. Terms of Court, Seventh District CHAP. CCCLXXXII.-An Act to amend section sixty-four of the Code of Civil Procedure. [Approved March 29, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section sixty-four of the Code of Civil Procedure of the State of California is amended so as to read as follows: 64. In the Seventh Judicial District terms of the District Court must be held as follows: In the County of Napa, on the first Mondays of February, June, and October. In the County of Solano, on the third Mondays of January, May, and September; and in the County of Lake, on the first Monday of April, and third Monday of June and November. SEC. 2. This Act shall take effect from and after its passage. Terms of CHAP. CXLV.-An Act to amend section sixty-eight of the Code of Civil Procedure. [Approved March 7, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section sixty-eight of the Code of Civil Procedure is hereby amended so as to read as follows: 68. In the Eleventh Judicial District the Judge, or any other District Judge, upon his written request, may open and hold Court at any time, but the regular terms of the District Court shall be deemed to commence as follows: In the County of Amador, on the second Tuesday of January, May, and September. In the County of Calaveras, on the first Tuesday of January, May, and September. In the County of El Dorado, on the second Tuesday of March, June, October, and December. SEC. 2. This Act shall take effect from and after its passage. CHAP. CXCIX.-An Act to amend section one hundred and seventeen of the Code of Civil Procedure. [Approved March 11, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and seventeen of said of 117. These Courts have jurisdiction of the following public Jurisdiction offenses committed within the respective counties in which Justices such Courts are established: First-Petit larceny. Second-Assault and battery, or either, not charged to have been committed upon a public officer in the discharge of his duties, or to have been committed with such intent as to render the offense a felony. Third-Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. SEC. 2. This Act shall be in force from and after the first day of June, eighteen hundred and seventy-six. Courts. CHAP. CLXV.-An Act to amend section one hundred and sixty of the Code of Civil Procedure. [Approved March 9, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and sixty of the Code of hold Court districts. 160. A District Judge may hold a Court in any county District in this State, upon the request of the Judge of the district in Judges may which such Court is to be held; and when, by reason of sick- in other ness or absence from the State, or from any other cause, a Court cannot be held in any county in a district, by the Judge thereof, a certificate of that fact must be transmitted by the Clerk to the Governor, who may thereupon direct some other District Judge to hold such Court. A District Judge may hear and determine motions in actions pending in any district, upon the request of the Judge of the district in which the action is pending, and the stipulation of the parties to the action. All decisions of such motions shall be filed and entered by the Clerk of the Court in which such action is pending. SEC. 2. This action shall take effect from and after its passage. Grand Jury. Exemption from jury duty. Juries in San Francisco, how drawn. CHAP. DXIV.-An Act to amend the Code of Civil Procedure. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and ninety-two of the 192. A Grand Jury is a body of men, nineteen in number, returned in pursuance of law, from the citizens of the county, before a Court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the county. SEC. 2. Section two hundred of said Code is amended to read as follows: 200. A person is exempt from liability to act as a juror, if he be: One-A judicial, civil, or military officer of the United States, or of the State of California. Two-A person holding a county office. Three-An attorney-at-law. Four-A minister of the gospel, or a priest of any denomination, following his profession. Five-A teacher in a college, academy, or school. Six-A practicing physician. Seven-An officer, keeper, or attendant of an almshouse, hospital, asylum, or other charitable institution. Eight-Engaged in the performance of duty as officer or attendant of a county jail, or the State Prison. Nine-Employed on board of a vessel navigating the waters of this State. Ten-An express agent, mail-carrier, superintendent, employé, or operator of a telegraph line doing a general telegraph business in the State, or keeper of a public ferry or toll-gate. Eleven-An active member of a fire department of any city, town, or village in the State, or an exempt member of a duly organized fire company, who has become exempt from jury duty before the passage of this Act. Twelve-A superintendent, engineer, or conductor on a railroad. Thirteen-A person who served as a juror in any Court of record in this State, for a term thereof which has expired within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case. SEC. 3. Section two hundred and four of said Code is amended to read as follows: 204. The District Judges of the several judicial districts within or embracing part of the City and County of San Francisco, and the County Judge, Probate Judge, and Judge of the Municipal Criminal Court of said city and county, or a majority of such Judges, must meet in said city and county in the month of December of each year, at the time and place designated by the County Judge, and select a list of Juries, how persons to serve as grand jurors in the County Court, and drawn. another list of persons to serve as trial jurors in the Courts of record held in said city and county for the ensuing year. And the Board of Supervisors of each of the other counties of the State must, at its first regular meeting in each year, or at any other meeting, if neglected at the first, make a list of persons to serve as jurors in the Courts of record, in their respective counties, until a new list is provided. SEC. 4. Section two hundred and six of said Code is amended to read as follows: 206. The lists to be made by the Board of Supervisors Same. shall contain not less than one hundred names and not more than one thousand names, and the Grand Jury list for the City and County of San Francisco shall contain not less than one hundred and fifty names and not more than one hundred and eighty names, and the trial jury list for said city and county shall contain not less than eight hundred names and not more than twelve hundred names; and within the limits above prescribed, the said lists shall contain the names of as many persons as will, in the judgment of the Judges, or the Board of Supervisors, be required as jurors in the county during the year next ensuing. The names for all such lists shall be selected from the different wards or townships of the respective counties, in proportion to the number of inhabitants therein, as nearly as the same can be estimated by the persons making such lists. SEC. 5. Section two hundred and seven of said Code is repealed. SEC. 6. Section two hundred and nine of said Code is amended to read as follows: 209. On receiving such lists, the Clerk must file the same Same. in his office, and write down the names contained therein on separate pieces of paper, of the same size and appearance, and fold each piece so as to conceal the name thereon; and, in the City and County of San Francisco, he shall deposit the pieces having on them the names of persons selected to serve as grand jurors, in a box to be called the "Grand Jury Box," and those having on them the names of persons selected to serve as trial jurors, in a box to be called the "Trial Jury Box," and in the other counties of the State he shall deposit the said pieces in a box to be called the "Jury Box." SEC. 7. The following is added as a new section to said Code, and must be inserted in said Code after section two hundred and ten, and designated as section two hundred and eleven: 211. In the City and County of San Francisco, the names Same. of persons for grand jurors shall be drawn from the "Grand Jury Box," and the names of persons for trial jurors shall be drawn from the "Trial Jury Box," and in the other counties of the State, the names of persons, whether for grand jurors or trial jurors, shall be drawn from the "Jury Box." SEC. 8. Section two hundred and fourteen of said Code is amended to read as follows. |