2. The court of sessions cannot be holden by the county judge and one associate justice; there must be the county judge and two associate justices to constitute the court. People v. Ah Chung, 5 Cal., 103.

51. If the justices of the court of sessions, or either of them, be absent at a term of a court of sessions, or the office of those justices, or either of them, be vacant, the county judge shall supply the vacancy or deficiency for the term, by designating the requisite number to form the court from the justices of the peace of the county.

52. [1854.] The courts of sessions shall have jurisdiction:

1st. To inquire, by the intervention of a grand jury, of all public offenses committed or triable in its county.

2d. To try and determine all indictments found therein, for all public offenses, except murder, manslaughter and arson.

3d. To hear and determine appeals from justices', mayors' and recorders' courts, in cases of a criminal nature.

1.3d. This appellate power declared unconstitutional. People v. Fowler, 8 Cal., Jan. T.

53. [1854.] When an indictment is found in the court of sessions for murder, manslaughter, or arson, it shall be transmitted by the clerk to the district court sitting in the county, for trial; except when the indictment is found against a person holding the office of district judge, when it shall be transmitted to the district court of such other district as the court of sessions may direct.

54 [1854.] Indictments found in the court of sessions shall be transmitted to the district court sitting in the county, for trial, in the following cases:

1st. Whenever a judge or justice of the court of sessions is by law disqualified from hearing or trying the same.

2d. Indictments found against a member of the court of sessions, or any justice of the peace of the county.

55. 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:

1st. 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.

2d. 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.

3d. 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.

4th. 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.

5th. 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.

6th. To establish and change election precincts.

7th. To control and manage the property, real and porsonal, belonging to the county, and to receive by donation any property for the use and benefit of the county.

8th. To purchase any real and personal property necessary for the use of the county; provided, the value of such real property be previously estimated by three disinterested persons, to be appointed for that purpose by the district court of the county.

9th. To sell and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same. 10th. To cause to be erected and furnished a court-house, jail, and such other public buildings as may be necessary, and the same to be kept in repair; provided, that the erection of such court-house, jail, and other public buildings, be let out, after one month's previous publication, in each case, of a readiness to receive proposals therefor, to the lowest bidder, who will give good and sufficient security for the completion of any contract which may be made respecting the same.

11th. To ascertain and determine with a jury, or by consent of parties, without a jury, the just compensation to be made to the owners of private property taken for public use.

12th. To do and perform all such other acts and things as may be requisite and necessary to the full discharge of the powers and jurisdiction conferred on the court.

1. All powers which are not judicial are unconstitutional, when conferred upon the