Stay of proceedings.

§ 629. If an execution be issued, on the filing of the undertaking, staying all proceedings, the justice shall, by order, direct the officer to stay all proceedings on the same. Such officer shall, upon payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon, and deliver the same to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees be not paid, the officer may retain so much of the property, or proceeds thereof, as may be necessary to pay the same.

[§ 630 was repealed by act of May 15, 1854, 84.] (a)

the sum of one hundred dollars for costs, and if a stay of proceedings was asked, in a sum equal to twice the amount of the judgment, and costs.

It was amended, May 18, 1853, 276, so as to require an undertaking in a sum equal to twice the amount of the judgment and costs, if for money, or twice the value of the property and costs, if for the recovery of specific personal property. In other cases the sum for which the undertaking should be given was to be fixed by the justice.

It was again amended, May 15, 1854, 84, so as to strike out from the previous amendment the provisions as to costs and require an undertaking in the sum of one hundred dollars for costs. It added provisions as to what the affidavit should contain; also a provision for a deposit in lieu of an undertaking.

It was again amended, April 28, 1855, 196, so as to read like the text, except that it did not contain the last sentence.

(a) The repealed section 630 required the party appealing to furnish the county court with the papers on appeal.

It had been amended by act of May 18, 1853, 276, so as to require the appellant to furnish the papers mentioned in a former section of the same act.

Costs.

§ 631. Costs shall be allowed to the prevailing party in a justice's court. (a) [Amendment, approved May 4, 1855, 250.

[§ 632 was repealed by act of May 4, 1856, 250.](b)

Justice to receive and pay over moneys.

§ 633. Justices of the peace shall receive from the sheriff or constables of their county, all moneys collected on any process or order issued by their courts respectively, and all moneys paid to them in their official capacity, and shall pay the same over to the parties entitled or authorized to receive them without delay. For a violation of this section they may be removed from their office, and shall be deemed guilty of a misdemeanor.

Security for costs.

§ 634. Justices of the peace may, in all cases, require a deposit of money, or an undertaking, as security for costs of court, before issuing a summons.

Former provisions applicable.

§ 635. The provisions of sections thirty-two, three hund

(a) The original section provided that certain specified amounts of percentage should be allowed as costs.

It was amended, May 15, 1854, 84, by adding a proviso that percentage should not apply in cases of forcible entry and detainer, or of mining claims.

(b) The repealed section 632 provided that the prevailing party should be allowed his disbursements in addition to percentage.

It was amended, May 15, 1854, 84, so as to specify the kind of disbursements, fees, expenses of depositions and publications that should be allowed.

red and sixty-eight, three hundred and sixty-nine, three hundred and seventy, three hundred and seventy-one, three hundred and seventy-two, three hundred and seventy-three, five hundred and nineteen, five hundred and twenty, five hundred and twenty-three, five hundred and twenty-five, five hundred and twenty-six, five hundred and twenty-seven, five hundred and thirty-one, five hundred and thirty-two, shall be applicable to justices' courts and actions therein.(a) [Amendment, approved April 28, 1860, 298.

TITLE XVII.

OF PROCEEDINGS IN CIVIL CASES IN RECORDERS' AND MAYORS' COURTS.

Complaint for violation of ordinance.

§ 636. Civil actions in recorders' and mayors' courts shall be commenced by filing a complaint, setting forth the violation of the ordinance complained of, with such particulars of time, place, and manner of violation, as to enable the defendant to understand distinctly the character of the violation complained of, and to answer the complaint. The ordinance may be referred to by its title. The complaint shall be verified by the oath of the party complaining, or of his attorney, or agent.

[As to jurisdiction in recorders' and mayors' courts, see "Act concerning the courts of justice of this State, and judicial officers," approved April 20, 1863, 333; Hittell's Gen. Laws, 1285.]

(a) The original section did not mention' sections 32, 368, 369, 370, 371, 372, or 373.

Summons.

§ 637. Immediately after filing the complaint, a summons shall be issued, directed to the defendant, and returnable either immediately, or at any time designated therein, not exceeding four days from the date of its issuance.

Answer.

§ 638. On the return of the summons the defendant may plead to the complaint, or he may answer or deny the same. Such plea, answer, or denial, may be oral or in writing, and immediately thereafter the case shall be tried, unless for good cause shown an adjournment be granted.

Trial.

$639. In all actions for violation of an ordinance where the fine, forfeiture, or penalty imposed by the ordinance is less than fifty dollars, the trial shall be by the court. In actions where the fine, forfeiture, or penalty imposed by the ordinance is over fifty dollars, the defendant shall be entitled, if demanded by him, to a jury of six persons.

Appeal.

$640. From a judgment in a civil action in a recorder's or mayor's court, an appeal may be taken to the county court. The appeal shall be taken and the proceedings thereon conducted in the same manner as appeals are taken from a judgment in a civil action in a justice's court, and as the proceedings thereon are conducted.

Action, how conducted.

§ 641. All proceedings in civil actions in recorders' and

mayors' courts, except as herein otherwise provided, shall be conducted in the same manner as in civil actions in justices'

courts.

Provisions applicable.

§ 642. The provisions of this title, shall be applicable to civil actions in recorders' and mayors' courts already established, or which may hereafter be established in any incorporated city of this State.

TITLE XVIII.

MISCELLANEOUS PROVISIONS.

Supreme court rules.

$643. The supreme court may make rules not inconsistent with the constitution and laws of the State, for its own government, and the government of the district courts, and the superior court of the City of San Francisco; but such rules shall not be in force until thirty days after their adoption and publication.

County clerk ex-officio clerk of courts.

§ 644. The county clerk shall be the clerk of the county court, the court of sessions, and the probate court of his county. Until otherwise provided by law, the clerk of the superior court of the City of San Francisco shall be appointed by the said court.

[20 Cal. 157.]