COURTS AND JUDICIAL OFFICERS. 3. For the probate courts: "Probate Court, serting the name of the county.) 10,150. Private seal to be used, when. 10,149-10,160 County, California." (In SEC. 150. Until the seals devised, as provided in the last section, are procured, the clerk of each court may use his private seal, whenever a seal is required. 10,151. Seals, by whom kept. SEC. 151. The clerk of the court must keep the seal thereof. 10,152. Seal of court, to what proceedings affixed. SEC. 152. The seal of the court need not be affixed to any proceeding therein, or document, except: 1. To a writ; 2. To the certificate of the probate of a will, or of the appointment of an executor, administrator, or guardian; 3. To the authentication of a copy of a record or other proceeding of a court, or of an officer thereof, or of a copy of a document on file in the office of the clerk. [Amendment, approved March 24, 1874; Amendments 1873-4, 284; took effect July 1, 1874.(*) TITLE II. Of Judicial Officers. CHAPTER I. OF JUDICIAL OFFICERS IN GENERAL... II. OF THE POWERS AND DUTIES OF JUDGES AT CHAMBERS. III. PARTICULAR DISQUALIFICATION OF JUDGES... IV. INCIDENTAL POWERS AND DUTIES OF JUDICIAL OFFICERS... OFFICERS.. 10,156 10,165 10,170 10,176 10,182 CHAPTER I. OF JUDICIAL OFFICERS IN GENERAL. 10,156. Qualifications, as to residence, of justices of supreme court. SEC. 156. No person is eligible to the office of justice of the supreme court who has not been a citizen of the United States and a resident of this state, for two years next preceding his election. 10,157. Qualifications, as to residence, of district judges. SEC. 157. No person is eligible to the office of district judge who has not been a citizen of the United States and a resident of this state for two years, and of the district one year next preceding his election. 10,158. Places of residence of judges. SEC. 158. Each district judge must reside in his district, and each county and probate judge must reside at the county seat of his respective county. 10,159.. Residence in San Francisco construed. SEC. 159. A residence in any part of the city and county of San Francisco is, within the meaning of the two preceding sections, a residence in the judicial districts embracing portions of that city. 10,160. District judges may hold courts in another district. SEC. 160. A district judge may hold a court in any county in this state upon (a) Original section: SEC. 152. The seal of the court need not be affixed to any proceedings therein, except: 1. To a writ; 2. To the proof of a will, or the appointment of an executor, administrator, or guardian; 3. To the authentication of a copy of a record or other proceeding of the court, or an officer thereof, for the purpose of evidence in another court. 10,160-10,167 CODE OF CIVIL PROCEDURE. the request of the judge of the district in which such court is to be held; and when, by reason of sickness or absence from the state, or from any other cause, 8 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. [Amendment, approved March 9, 1876; Amendments 1875–6, 85; took effect from passage, (*) 10,161. County and probate judges may hold court in another county. SEC. 161. Any county or probate judge may hold terms, or portions of terms, of the county or probate court, and perform any or all of the duties of county or probate judge, in any other county of this state, as well as in that for which he was elected, upon the request of the county or probate judge of such county; and when, by reason of sickness or absence from the state, or from any other cause, a county or probate court cannot be held in any county, a certificate of that fact must be transmitted by the clerk to the governor, who may thereupon direct some other county or probate judge to hold such court. [Amendment, approved March 24, 1874; Amendments 1873-4, 284; took effect July 1, 1874.(*) [SEC. 162) was repealed by act approved March 24, 1874; Amendments 1873-4, 285; took effect July 1, 1874.] CHAPTER II. OF THE POWERS AND DUTIES OF JUDGES AT CHAMBERS. 10,165. Powers of justices of supreme court at chambers. SEC. 165. The justices of the supreme court, and each of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of review, mandate, and prohibition, and may, in their discretion, hear applications to discharge such orders and writs. 10,166. Powers of district and county judges at chambers. SEC. 166. District and county judges, at chambers, may grant all orders and writs which are usually granted in the first instance upon ex parte applications, and may, at chambers, hear and dispose of such writs and of motions for new trials. 10,167. Powers of probate judges at chambers. SEC. 167. The judges of the probate court may, at chambers, appoint appraisers, receive inventories and accounts to be filed in the probate court; suspend the powers of executors, administrators, or guardians, in the cases allowed by law; grant special letters of administration or guardianship; approve claims (a) The original section consisted of the first sentence alone. (b) Original section: SEC. 161. Any county or probate judge may hold terms, or portions of terms, of the county or probate court, and perform any or all of the duties of county or probate judge in any other county of this state, as well as in that for which he was elected, in cases of sickness of the proper judge, or to hear, try, adjudicate, and determine all causes and matters in which the county or probate judge of the proper county is interested, or has been employed as an attorney, or is disqualified by law from trying or adjudicating. (c) Repealed section: SEC. 162. When, from any of the causes mentioned in the preceding section, a term, or portion of a term, of the county or probate court cannot be held in a county by a county or probate judge thereof, the judge disqualified may, by consent of the parties to the actions or proceedings which such judge is disqualified from adjudicating, designate the county or probate judge of some other county to hold such term or portion of a term; and if the parties fail thus to consent, a certificate of the fact of such disqualification, or in the case of sickness of the judge, then of the fact of such sickness, must be transmitted by the county clerk of such county to the governor, who must thereupon direct some county or probate judge of a neighboring county to hold such term or part of a term. 39 and bonds; and direct the issuance, from the probate courts, of all writs and process necessary in the exercise of their power. CHAPTER III. PARTICULAR DISQUALIFICATION OF JUDGES. 10,170. When disqualified. SEC. 170. A judge cannot act as such in any of the following cases: 1. In an action or proceeding to which he is a party, or in which he is interested; 2. When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3. When he has been attorney or counsel for either party in the action or proceeding; -But this section does not apply to the arrangement of the calendar or the regulation of the order of business, nor to the power of transferring the cause to another county. 10,171. Not to act as attorney in his own court. SEC. 171. A judge cannot act as attorney or counsel in a court in which he is judge, or in an action or proceeding removed therefrom to another court for trial or review, or in an action or proceeding from which an appeal may lie to his own court. 10,172. Certain judges not to act as attorneys, SEC. 172. A justice of the supreme court, or judge of the district court, cannot act as attorney or counsel in any court of this state, except in an action or proceeding to which he is a party on the record. 10,173. No judicial officer to have a partner. SEC. 173. No judge or other elective judicial officer, or district court commissioner, shall have a partner acting as attorney or counsel in any court of this state. CHAPTER IV. INCIDENTAL POWERS AND DUTIES OF JUDICIAL OFFICERS. 10,176. General powers of judges out of court. SEC. 176. A judge may exercise, out of court, all the powers expressly conferred upon a judge, as contradistinguished from the court. 10,177. Powers of judicial officers as to conduct of proceedings before them. SEC. 177. Every judicial officer has power: 1. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is engaged in the performance of an official duty; 2. To compel obedience to his lawful orders, as provided in this code; 3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this code; 4. To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary. in the exercise of his powers and duties. 10,178. To punish for contempt. SEC. 178. For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt, in the cases provided in this code. 10,179. To take acknowledgments and affidavits. SEC. 179. The justices of the supreme court, and the judges of the district 10,179-10,188 CODE OF CIVIL PROCEDURE. and county courts, have power in any part of the state, and justices of the peace within their respective counties, and police judges, and judges of municipal courts, within their respective cities or towns, to take and certify: 1. The proof and acknowledgment of a conveyance of real property, or of any other written instrument; 2. The acknowledgment of satisfaction of a judgment of any court; 3. An affidavit or deposition to be used in this state. CHAPTER V. MISCELLANEOUS PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS. 10,182. Subsequent applications for orders, when prohibited. SEC. 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 can 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 any informality in the papers or proceedings necessary to obtain the order. 10,183. Violation of last section. SEC. 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 who made it, or vacated by a judge of the court in which the action or proceeding is pending. 10,184. No proceeding affected by a vacancy in office of judge, etc. SEC. 184. No proceeding in any court of justice, in an action or special proceeding pending therein, is affected by a vacancy in the office of all or any of the judges, or by the failure of a term thereof. 10,185. Proceedings to be in the English language, except in certain counties. SEC. 185. Every written proceeding in a court of justice in this state, or before a judicial officer, except in the counties of San Luis Obispo, Santa Barbara, Los Angeles, and San Diego, must be in the English language, and in the excepted counties may be either in the English or Spanish language. 10,186. Abbreviations and figures. SEC. 186. Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner. 10,187. Means to be used to execute judicial powers in certain cases. SEC. 187. When jurisdiction is, by 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 the 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. 10,188. Trial not stayed or discontinued by intervention of another term. SEC. 188. The trial or hearing of an action, civil or criminal, in any court which has commenced, and is in progress, shall not be stayed or discontinued by the arrival of the period fixed by law for another term of such court, but it shall be lawful for the court to proceed with the trial or hearing, and bring it to a conclusion, in like manner and with the same effect as if another stated term of the court had not intervened. New section, approved March 24, 1874; Amendments 1873-4, 285; took effect July 1, 1874. VI. MANNER OF SUMMONING JURORS FOR COURTS NOT OF RECORD. VII. MANNER OF SUMMONING JURIES OF INQUEST. VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED. IX. OF IMPANELING A GRAND JURY.... X. OF IMPANELING TRIAL JURY IN COURTS OF RECORD... SEC. 190. A jury is a body of men temporarily selected from the citizens of a SEC. 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. [Amendment, approved April 3, 1876; Amendments 1875-6, 86; SEC. 193. A trial jury is a body of men, returned from the citizens of a par- ticular district, before a court or officer of competent jurisdiction, and sworn to 10,194. Number of a trial jury. SEC. 194. A trial jury consists of twelve men, unless the parties to the action (a) Original section: SEC. 192. A grand jury is a body of men, not less than court of competent jurisdiction, and sworn to inquire |