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police court to the superior court of the county in which such city may be located, in the same manner in which appeals are taken from justices' courts in like cases.

Section 11. In all cases of imprisonment of persons convicted in said police court of any offense committed in the city, the persons so to be imprisoned, or by ordinance required to labor, shall be imprisoned in the city jail; or, if required to labor, shall labor in the city.

Section 12. Said courts shall have a seal, to be furnished by the city.

Section 13. City cases. The city justices shall, on the first Tuesday of each month, make to the city council a full and complete report of all the cases, civil and criminal, in which the city has an interest, or which are required to be entered in the city civil docket or the city criminal docket; such report to be made upon blanks furnished by the city council and in such form as they may require.

Section 14. Certified transcripts of the dockets made by the clerk of the said court, under the seal of said court, shall be evidence in any court of this state of the contents of said docket; and all warrants and other process issued out of said court, and all acts done by said court, and certified under its seal, shall have the same force and validity in any part of this state as though issued or done by any court of record of this

state.

Section 15. This act shall be in force and effect from and after its passage.

An act to provide for police courts in cities having fifteen thousand and under eighteen thousand inhabitants.

[Approved March 31, 1891; Stats. 1891, p. 433.]

SECTION 1. The judicial power of every city having fifteen thousand and under eighteen thousand inhabitants shall be vested in a police court, to be held therein by the city justice of said city, or, if there be more than one such justice of said city, by the city justices thereof, or one of them, to be desig nated by the mayor; but either of said city justices may hold such court without such designation, and it is hereby made the duty of said city justice or city justices, in addition to the duties now required of them by law, to hold said police court. SEC. 2. The police court of any such city shall have jurisdietion of the following public offenses committed in the City:

First. Petit larceny.

Second. Assault or battery, not charged to have been committed upon a public officer in the discharge of official duty, or with intent to kill.

Third. Breaches of peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine or by imprisonment, or by both such fine and imprisonment. Fourth. Of proceedings respecting vagrants, lewd, or disor. derly persons.

SEC. 3. Said court shall also have exclusive jurisdiction of all proceedings for violation of any ordinance of said city, both

civil and criminal, and of an action for the collection of any license required by any ordinance of said city.

SEC. 4. None of said justices shall sit in cases in which he is a party, or in which he is interested, or where he is related to either party by consanguinity or affinity within the third degree; and in case of the sickness or inability of the city justice of any such city, or the city justices thereof, if there be more than one such justice, he, or either of them, may call in a justice of the peace residing in the county to act in his place and stead.

SEC. 5. Any such city justice, while acting as judge of said court, shall also have power to hear cases for examination, and may commit and hold the offender to bail for trial in the proper court, and may try, condemn, or acquit, and carry his judgment into execution, as the case may require, according to law, and punish persons guilty of contempt of court; and shall have power to issue warrants of arrest in case of a criminal prosecution for a violation of a city ordinance, as well as in case of a violation of a criminal law of the state; also, all subpoenas and all other processes necessary to the full and proper exercise of his powers and jurisdiction; and in such of the cases enumerated in this section in which trial by jury is not secured by the constitution of the state, he may proceed to judgment in the first instance without a jury; but, on appeal, the defendant shall be entitled to trial by jury in the superior

court.

SEC. 6. All fines and other moneys collected on behalf of the city in the police court shall be paid into the city treasury on the first Tuesday of each month, and all bills for fees and costs due the officers of said court shall be reported to the city council each month.

SEC. 7. Rooms and dockets. The city council shall furnish a suitable room for the holding of said court, and shall also furnish the necessary dockets and blanks. One docket shall be styled "The city criminal docket," in which all the criminal business shall be recorded, and each case shall be alphabetically indexed. Another docket shall be styled "The city civil docket," and shall contain each and every civil case in which the city is a party, or which is prosecuted or defended for her interest; and each case shall be properly indexed.

SEC. 8. The police court shall be always open, except upon non-judicial days, and then for such purposes only as by law permitted or required of other courts of this state.

SEC. 9. Appeals may be taken from any judgment of said police court to the superior court of the county in which such city may be located, in the same manner in which appeals are taken from justices' courts in like cases.

SEC. 10, in all cases of imprisonment of persons convicted in said police court, of any offense committed in the city, the persons so to be imprisoned, or by ordinance required to labor, shall be imprisoned in the city jail, or, if required to labor, shall labor in the city.

SEC 11. Said courts shall have a seal, to be furnished by the city.

SEC. 12. City cases. The city justice, or city justices, shall, on the first Tuesday of each month, make to the city council a full and complete report of all the cases, civil and criminal, in which the city has an interest, or which are required to be entered in the city civil docket or the city criminal docket; such report to be made upon blanks furnished by the city council, and in such form as they may require.

SEC. 13. Certified transcripts of the dockets made by the clerk of the said court, or by the city justice holding said court, under the seal of said court, shall be evidence in any court of this state of the contents of said docket, and all warrants and other process issued out of said court, and all acts done by said court, and certified under its seal, shall have the same force and validity in any part of this state as though issued or done by any court of record of this state.

SEC. 14. No person shall be eligible to the office of justice of the peace of any city having a population of fifteen thousand inhabitants or over, unless such person has been regularly admitted to practice law before the superior court of the county in which he is elected.

SEC. 15. This act to go into effect upon the expiration of the term of office of the present police judge of said cities, or when a vacancy occurs therein.

An act to amend an act entitled "An act to amend an act entitled An act to provide for police courts in cities of thirty thousand and under one hundred thousand inhabitants, and to provide for officers thereof,' approved March 18, 1885, and to provide for clerks of police courts in cities of twenty-six thousand and under fifty thousand inhabitants," approved March 31, 1891, by inserting a new section, to be numbered six and one half, providing for prosecuting attorneys of police courts in cities having more than thirty thousand and under fifty thousand inhabitants, and prescribing the duties and regulating the compensation of such prosecuting attorneys.

[Approved February 27, 1893; Stats. 1893, p. 41.]

SECTION 1. A new section is hereby added to an act entitled "An act to amend an act entitled 'An act to provide for police courts in cities having thirty thousand and under one hundred thousand inhabitants, and to provide for officers thereof,' approved March eighteenth, eighteen hundred and eighty-five, and to provide for clerks of police courts in cities of twenty-six thousand and under fifty thousand inhabitants," approved March thirty-first, eighteen hundred and ninety-one, to be known as section six and one half, to read as follows:

Section 62. The police court in all cities having more than thirty thousand and less than fifty thousand inhabitants shall have a prosecuting attorney, to be appointed by the district attorney of the county in which said city is situated, who shall hold office for the period of two years from the date of his appointment. He shall receive an annual salary of two thousand (2,000) dollars, payable in equal monthly installments, out of the treasury of said city, which salary shall be in full compensation for all services rendered by him. It shall be the duty

of said prosecuting attorney to attend the sessions of said court, and conduct on behalf of the people all prosecutions for public offenses of which said court has jurisdiction. He shall give a bond in the sum of three thousand dollars, with at least two sureties, to be approved by the mayor, conditioned for the faithful discharge of the duties of his office.

SEC. 2. This act shall be in force and effect from and after its passage.

An act amendatory of and supplemental to an act entitled “An act to create a police court in and for the city and county of San Francisco, state of California," approved March 5, 1889, and providing for an additional department, to be known as department number four, and the appointment of a suitable person to act as judge of said court.

[Approved February 23, 1893; Stats. 1893, p. 9.]

SECTION 1. There is hereby created and established in and for the city and county of San Francisco, state of California, a court, to be known as the "police court of the city and County of San Francisco," which court shall consist of four judges, who shall be elected at the general elections held according to law, each of whom shall hold office for the term of two years, any one or more of whom may hold court. The court shall be divided into departments, known as department number one, department number two, department number three, and department number four. There may be as many sessions of said court at the same time as there are judges thereof. The judges shall choose from their number a presiding judge, who may be removed at their pleasure. He shall assign the judges to their respective departments; provided, however, that either of the judges may preside in either of the departments in the absence or inability to act of the judge regularly assigned thereto. The judgments, orders, and proceedings of any session of said court, held by any one or more of the judges of said court, respectively, shall be equally effectual as if all of the judges of said respective courts presided at such session.

SEC. 2. The police court of the city and county of San Francisco shall have jurisdiction,

First. Of all violations of city ordinances, or orders of the board of supervisors of the city and county of San Francisco, Second. Of all misdemeanors punishable by fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or by both such fine and imprisonment.

Third. Of all examinations of felonies committed in the city and county of San Francisco.

Fourth. Said court, or any judge thereof, shall have the same power in all criminal actions, cases, examinations, and proceedings as are now or are hereafter conferred by law upon justices of the peace.

SEC. 3. Proceedings in said court shall be conducted in conformity with the laws of this state regulating proceedings in justices' and police courts, and appeals to the superior courts. SEC. 4. No person except a licensed attorney of the superior

court of this state shall practice law in said court; providing, however, that a person accused of crime shall have the right to defend himself.

SEC. 5. There shall be appointed for each of the depart. ments of this court, in the manner now provided by law, an attorney, whose duty it shall be to attend to the prosecution of all cases coming before the department for which he shall have been appointed, and who shall receive a salary of two hundred and fifty dollars per month. There shall also be appointed by each of the prosecuting attorneys aforesaid a clerk, who shall receive a salary of one hundred and twentyfive dollars per month, whose duty it shall be to be in attendance in the office of the prosecuting attorney from nine o'clock, A. M., to twelve o'clock, M., and from two o'clock, P. M., to four o'clock, P. M. (Sundays and legal holidays excepted), for the transaction of the business of the office.

SEC. 6. There shall be appointed a clerk for each depart ment of this court, in the manner now provided by law, who sball receive a salary of two hundred dollars per month, who shall transact the business of clerk of said court as provided by law.

SEC. 7. There shall be appointed by the judge of each department of said court a suitable person to act as bailiff, who shall receive a salary of one hundred dollars per month.

SEC. 8. There shall be appointed by the judge of each department of said court a stenographer, who shall receive for his services the pay now allowed by law.

SEC. 9. The chief of police shall appoint one or more police officers to attend constantly each department of said court, to execute the orders and process of said court.

SEC. 10. There shall be appointed a clerk for each department of this court, in the manner now provided by law, who shall receive a salary of two hundred dollars per month, who shall transact the business of clerk of said court as provided by law. The city and county auditor shall prepare and deliver to the clerk of the police court, from time to time, as many official receipts as may be required. The auditor shall sign such receipts and deliver them to the clerk receiving them, specifying in the charge the amounts thereof named in such official receipts, and the class of receipts, respectively, taking receipts therefor, and said clerk shall countersign the same; and upon the payment of any fine imposed by the judge of the police court, he must deliver to the person paying the same an official receipt for the amount of such fine, and shall daily pay to the city and county treasurer all moneys so collected or received by him; and shall, under oath, on the first day of each month, and oftener when required so to do by the auditor, make to the auditor a report of all such official receipts issued and used by him during the preceding month, and on hand at the close of official business on the last day after the preceding month, and of all moneys so paid by him to the treasurer during the preceding month, and shall at such time exhibit to the auditor all unused official receipts, or official receipts not issued remaining in his hands, and the treasurer's receipts

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