Daily national Democrat., 1860-02-01

Sec. l6. The jurisdiction of Muncipal Court.
which the Legislature may establish In Tncorno
raled Cities, shall be limited to civil uui tam anG
criminal actions and proceeding arising from OF
10 violation OF the Charter, Laws or Ordinances n
such cities, and shall have the same iurisdictior
IN qul tam and criminal cases as is or NAV he
4 conferred upon Justices Courts. This Section is
not to be SO construed as to limit the orpinol in
| rsdction of the District Courts as conferred in
Seetian of this Article so as to exclude, canses
arising from or in violation of the Charter Laws
| or Ordinances of such cities provided such couses
are within the other requirements of said Section
3. The officers holding such Courts in Incorpo-
rated Cities may perform such other duties not in.
dlelai, as the Legislature may prescribe Justices
| Courts in Incorporated Cities shall exercise tho
jurisdiction conferred by this Section. provided
there is no municipal Court or Courts established
by law in and for such cities.
SEC. II. Jurisdiction in cases not provided for
IN this Article, shall be conferred upon sucb
Courts aboriginal jurisdiction as the Legislature
may prescribe.
HABEAs CORPUS
SEC. IS. District Courts and the Judges there
OF Shall have EXCLUSIVE ORIGINAL jurisdiction to
issue, hear and determine writs OF habeas cornus
which shall be issued and heard IN the County
where it is alleged the applicant is illegally re-
strained, unless a change of venue is granted for
good cause shown. If from any cause the District
County Judge or the Judge of an adjoining conn
ty or district may hear and determine the writ
and the proceedings shall be deemed as proceed
ngs of the District Judge, and recorded in the
District Court of he county where the application
is mad and heard. judgment upen writs of ha-
bears corpus by the District Court or .Judge
thereof, or County Judge, or Supreme Court In
cases Of Appeal, Shall be final The hearing Of
these wrs shall take precedence Of all other bust
ness.
JUDICIAL PROCEEDINGS.
SEC. 10. Probate Courts and Justices Conrts
shall also be deemed courts of general Jurisdiction
and their proceedings shall be deemed as conclu
sve as those of 9th courts ofgenera Jurisdiction
Courts of Justice shall always be open The dis
tlnctlon between "Term" and chambers" bust.
ness is hereby abolished. All Official Acts of the
respective Judges pertaining to the business of
Their respective courts, shall be deemed proceed
ings of the court, and be recorded therein. The
Legislature may prescribe stated periods for the
trlal OF causes, and Of the venue or place of trial
and otherwise regulate proceedings in courts
courts may make rules of practice not inconsist
ent with the Constitution aud Laws
SEC. 90 In all civil cases in the District Courts
and Justices Courts, parties shall be entitled to
Jury trial on issues OF fact unless waived by con.
sent; and u verdict of Jury shall in all cases be
as conclusive as are verdicts under the Seventh
Article of Amendments to the Constitution of the
United States, and shall be re-examined only as
therein provided. When trial by Jury is waived
the cause shall be tried by the Court or Referee.
The Legislature shall prescribe the timeand man.
ner in which the light of Jury trial shall be de-
manded or taken as waived, and shall also regu-
late the mode of proceedings in cases of default.
MISCELLANEOUS PROVISIONS.
SEC 81. The Legislature shall provide for the
election If a Clerk of the Supreme Court. County
Clerks, District Attorneys, SherifIs, Coroners.
md other necessary officers and shall fix by law
heir duties and compensa ion. County Clerks |
shall be ex-oflico Clerks of the Courts Of Record
1f IN and for their respective counties unless 9TH
srwise provided by law.
The times and ylaces Of holding the Supreme |
COURT the District Courts, the Probate Courts
md Justices Courts shall be provided for by law |
No judicial officer except Justices of the Peace |
md Referees shall receive to his own use any fees
IS perquistes of office. The Legislature shall |
provide for the speedy publication of all such ju-
ilcal decisions as it may deem expedient and |
I'll Judicial decisions shall be tree for publication
~ any person.
Judges shall not charge Juries with respect to
matters of fact, but may state the testimony and
eclare the law. The style of all process shall be
The State of California" and all prosecutions
hall be conducted in its name and by its author
ty.