Jurisdiction of person.

$535. No person shall be held to answer to any summons issued against him from a justice's court, in a civil action, in any township or city other than the one in which he shall reside, except in the cases following:

First. When there shall be no justice's court for the township or city in which the defendant may reside, or no justice competent to act on the case.

Second. When two or more persons shall be jointly or jointly and severally bound in any 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 in a justice's court of the township or city in which any of the debtors or other persons liable may reside.

Third. In cases of injury to the person, or to real or personal property, the plaintiff may prosecute his action in the township or city where the injury was committed.

Fourth. Where personal property, unjustly taken or detained, is claimed, or damages therefor are claimed, the plaintiff may bring his action in any township or city in which the property may be found, or in which the property was taken.

Fifth. When the defendant is a non-resident of the county, he may be sued in any township or city wherein he may be found.

Sixth. When a person has contracted to perform any obligation at a particular place, and resides in another county or in a township or city of the same county, he may be sued in the township or city in which such obligation is to be performed or in which he resides; and for the purpose of justices' courts' jurisdiction under this clause, the township

or city in which the obligation is incurred shall be deemed to be the township or city in which it is to be performed, unless there is a special contract to the contrary.

Seventh. When the foreclosure of a mortgage or the enforcement of a lien upon personal property is sought by the action, the plaintiff may sue in the township or city where the property is situated.

Eighth. Any person or persons residing in the City of San Francisco may be held to answer to any summons issued against him or them from the court of a justice for any township within the corporate limits of the City of San Francisco, in any action or proceeding whereof justices of the peace of the City or County of San Francisco have or may have jurisdiction by law; provided, nothing herein contained shall be construed to allow any justice of said city or county to hold a court in any other township than the one for which he shall have been elected. (a) [Amendment, approved March 30, 1868, 1867–8,550; took effect immediately.

[15 Cal. 297.

As to actions against non-residents of the State, there is a supplementary provision in the act of March 30, 1868, from which the above amendment is taken, see post, 723.

There is now but one justices' court in the City and County of San Francisco, consisting of five justices of the peace. See act of March 26, 1866; 1865-6, 423.]

(a) The original section had the word "where" instead of "when" at the beginning of the first, second, fifth, and seventh subdivisions. It did not contain the eighth subdivision.

་་

The sixth subdivision did not have the words "county or in a " or of the same county," nor the last clause of the subdivision as amended in the text commencing with the words "and for the purpose of."

It was amended, May 18, 1853, 276, so as to read like the text, except that the sixth subdivision remained as it had been in the original section.

Judgment by confession.

§ 536. Judgment upon confession may be entered up in any justice's court in the State specified in the confession.

Voluntary appearance. Place of performance.

§ 537. Justices' courts shall have jurisdiction of an action and the persons of the parties thereto, upon the voluntary appearance of the parties without summons, and without regard to their residences or the place where the cause of action arose or the subject matter of the action may exist. The plaintiff may commence an action by summons, either in the township or city where the contract was by its terms to be performed, or in which the defendant resides, as he may elect. (a) [Amendment, approved April 2, 1866; 1865–6, 701.

CHAPTER II.

SUMMONS, ARREST, ATTACHMENT, AND CLAIM OF PERSONAL

PROPERTY.

Action, how commenced.

§ 538. Actions in justices' courts shall be commenced by filing a copy of the account, note, bill, bond, or instrument upon which the action is brought, or a concise statement in writing of the cause of action, and the issuance of a sum

(a) Original section:

§ 537. Justices' courts shall have jurisdiction of an action upon the voluntary appearance of the parties without summons, without regard to their residences, or the place where the cause of action arose, or the subject matter of the action may exist.

mons thereon, or by the voluntary appearance and pleadings of the parties without summons. In the latter case the action shall be deemed commenced at the time of appearance.

Guardian ad litem of infant, how appointed.

§ 539. When a guardian is necessary, he shall be appointed by the justice as follows:

First. If the infant be plaintiff, the appointment shall be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years or upwards; if under that age, upon the application of some relative or friend. The consent in writing of the guardian to be appointed, and to be responsible for costs, if he fail in the action, shall be first filed with the justice.

Second. If the infant be defendant, the guardian shall be appointed at the time the summons is returned, or before the pleadings. It shall be the right of the infant to nominate his own guardian, if the infant be over fourteen years of age, and the proposed guardian be present and consent in writing to be appointed. Otherwise, the justice may appoint any suitable person who gives such consent.

Summons.

$540. The summons shall be addressed to the defendant by name, or if his name be unknown, by a fictitious name; and shall summon him to appear before the justice at his office, naming its township or city, and at a time specified therein, to answer the complaint of the plaintiff, for a cause of action therein described in general terms, sufficient to apprise the defendant of the nature of the claim against him; and in action for money or damages, shall state the amount for which the plaintiff will take judgment, if the defendant

fail to appear and answer. It shall be subscribed by the justice before whom it is returnable.

Time of appearance.

§ 541. The time in which the summons shall require the defendant to appear and answer the complaint shall be as follows:

First. If the plaintiff and defendant reside within the township when [where] the action is brought, within ten days after the service thereof.

Second. If the plaintiff and defendant reside out of the township but within the county where the action is brought, within five days after the service thereof.

Third. If the plaintiff reside out of the township where the action is brought and the defendant resides in said township, within three days after the service thereof.

Fourth. If the defendant reside out of the county or township in which the action is brought and the plaintiff resides in said township, within fifteen days after the service thereof.

ance.

The defendant may appear in the action by demurrer or answer at any time after service of summons upon him, and shall notify the plaintiff, by written notice, of such appearIf any of the defendants shall fail to answer or appear in the action within the time prescribed in the summons, such default shall be entered by the justice in his docket. If all of the defendants shall fail to appear or answer within the time prescribed in the summons, the justice shall thereupon enter judgment against them for the amount demanded in the summons, where the action is brought upon a contract for the direct payment of money; and in all other cases shall hear the proofs, and give judgment in accordance with the plead