memorating the day. Boards of school trustees and city boards of education shall have power to declare a holiday in the public schools under their jurisdiction when good reason exists therefor. [Amendment approved April 26, 1911; Stats. 1911, p. 1122.]

Citations. App. 10/457, 458, 459, 725; 13/116.

Justices in townships of two hundred and fifty thousand.

§ 99. There shall be in each township having a population of more than two hundred and fifty thousand and less than four hundred thousand one justices' court composed of four justices of the peace, which shall have the powers and jurisdiction prescribed and conferred by law upon justices of the peace. Said justices shall choose one of their number to be presiding justice, and in case of his disability or temporary absence he may designate any one of the other justices to act in his stead. Any of said justices may hold court and there may be as many sessions of said court at the same time as there are justices thereof. The supervisors shall provide in a convenient locality a suitable office for the presiding justice, justices' clerk, and rooms suitable for holding sessions of said court, separate from each other, for each of said justices of the

peace. The said justices, justices' clerk and deputy clerk shall be in attendance at their respective offices for the dispatch of official business daily from nine o'clock A. M. until five P. M. [New section approved March 23, 1911; Stats. 1911, p. 442.]

See note after § 102b.

Authority of justices.

§ 100. The original process in all actions or proceedings begun in said justices' court shall be returnable, and the parties summoned required to appear before the presiding justice or before one of the other justices of the peace to be designated by the presiding justice, and each of the justices shall have power, jurisdiction and authority to hear, try and determine any action or proceeding so commenced and which may have been made returnable before him or may be assigned or transferred to him. [New section approved March 23, 1911; Stats. 1911, p. 442.] Justices' clerks.

§ 101. Said justices shall appoint a justices' clerk who shall hold office at the pleasure of said justices and shall give such bond for the faithful performance of the duties of his office as said justices may require. Each justice shall also appoint one deputy clerk who shall hold office at the pleasure of the justice appointing him and perform such duties as shall be required by said justice or justices' clerk. Said justices' clerk, and said deputy clerks shall be authorized to administer oaths and take and certify affidavits and to issue writs, summons and all other processes in any action or proceeding in said justices' court. [New section added March 23, 1911; Stats. 1911, p. 442.]

Duties of clerks.

§ 102. All legal processes of every kind in actions or proceedings in said justices' court shall be issued by the said justices' clerk upon the order of the presiding justice. The said justices' clerk shall issue, sign and certify to any and all papers, transcripts or records which are required to be issued, signed or certified by the said justice of the peace. All complaints, answers and other pleadings and papers required to be filed in the justices' court, shall be filed with the said justices' clerk, who shall keep a permanent record of all such actions and proceedings in the justices' docket, now provided by law to be kept. [New section approved March 23, 1911; Stats. 1911, p. 442.]

Fees.

§ 102a. The fees for issuance of all processes and all other fees, which are allowed by law for any official service of the justices of the peace shall be exacted and paid in advance into the hands of said justices' clerk and be by him accounted for in detail under oath at such times as may be required by the board of supervisors, and paid into the treasury of the county, and all fees, fines and penalties received or colleeted in said justices' court shall be and become the property of the county. [New section approved March 23, 1911; Stats. 1911, p. 442.]

Salaries of justices and clerks.

§ 102b. Said justices of the peace shall receive a salary of three thousand dollars per year, and said justices' clerk shall receive a salary of eighteen hundred dollars per year, and said deputy clerks shall each receive a salary of one thousand two hundred dollars per year, each payable in like manner and out of the same funds and at like times as county officers are paid, and such salaries provided to be paid to said justices of the peace shall be in lieu of all fees due and to become due such justices of the peace for the performance of any official act. [New section approved March 23, 1911; Stats. 1911, p. 442.]

The act adding §§ 99-102b to the code contained the following provision: 87. Nothing in this act shall in any way interfere with or terminate the term of office of any person now holding the office of either justice of the peace or clerk of the justices' court, but immediately upon this act taking effect said justice of the peace shall organize said court under the provision of this act. Justice's courts and justices. In counties. In cities of various classes. Jurisdiction. Qualifications. Salaries. Fees.

§ 103. There shall be at least one justice's court in each of the townships of the state, for which one justice of the peace must be elected by the qualified electors of the township, at the general state election next preceding the expiration of the term of office of his predecessor. In any county where in the opinion of the board of supervisors the public convenience requires it, the said board may, by order, provide that two justices' courts may be established in any township, designating the same in such order; and in such case, one justice of the peace must be elected in the manner herein provided for each of said courts. In every city or town of the first and one-half class there must be five justices of the peace, and in every city or town of the second class there must be two justices of the peace, and in every city or town of the second and onehalf class there must be one justice of the peace, and in every city or town of the third and fourth classes there must be one justice of the peace, to be elected in like manner by the electors of such cities or towns respectively; and such justices of the peace of cities or towns shall have the same jurisdiction, civil and criminal, as justices of the peace of townships and township justices' courts. Said justices of the peace of cities and justices' courts of cities shall also have jurisdiction of all proceedings for the violation of any ordinance of any city in which courts are established, both civil and criminal, and of all actions for the collection of any license required by any ordinance of any such city or town, and generally exercise all powers, duties and jurisdiction civil and criminal, of police judges, judges of police courts, recorder's court or mayor's court, within such city. No person is eligible to the office of justice of the peace in any city or town of the first, first and one-half, second, second and one-half or third class, who has not been admitted to practice law in a court of record; and no justice of the peace is permitted to practice law before another justice of the peace in the city, town or county in which he resides, or to have a partner engaged in the practice

of law in any justice's court in such city, town or county. Every city justice of the peace in any city or town of the first and one-half class shall receive a salary of three thousand dollars per annum, and every eity justice of the peace in any city or town of the second class shall receive a salary of three thousand six hundred dollars per annum, and every city justice of the peace in any city or town of the second and one-half class shall receive a salary of three thousand dollars per annum, and every city justice of the peace in any city or town of the third class shall receive a salary of two thousand dollars per annum, and every city justice of the peace in any city or town of the fourth class shall receive a salary of one thousand five hundred dollars per annum; and each justice of the peace shall be provided by the city or town authorities with a suitable office in which to hold his court. Where the compensation of the justice of the peace of any city or town is by salary it shall be paid by warrants drawn each month upon the salary fund, or if there be no salary fund, then upon the general fund of such city or town; such warrants to be audited and paid as salaries of any other city officials. All fees which are chargeable by law for services rendered by such city justice of the peace in cities or towns aforesaid shall be by them respectively collected, and on the first Monday of each month every such city or town justice shall make a report, under oath, to the city or town treasurer, of the amount of fees so by him collected, and pay the amount so collected into the city or town treasury, to the credit of the general fund thereof. Said salaries shall be the sole compensation of the said city justice. [Amendment approved April 29, 1911; Stats. 1911, p. 1215.] Clerk to justice's court in cities of second and one-half and third classes, duties, etc.

§ 1032. Every city justice's court in any city or town of the second and one-half class and the third class shall have a clerk, who shall be appointed by the justice of the peace of said court, subject to the approval of the board of supervisors of the county, and shall hold office during the pleasure of said justice. Said clerk shall give a bond in the sum of five thousand dollars, with at least two sureties to be approved by the mayor, conditioned for the faithful discharge of the duties of his office. He shall keep a record of the proceedings of said court and issue all process ordered by the justice of said court, and receive and pay into the city treasury all fines, forfeitures and fees paid into said court. He shall render each month to the city council an exact account under oath of all fines, forfeitures and fees paid and collected. He shall prepare bonds, justify bail, when the amount has been fixed by the court or justice, and may administer and certify oaths, and shall remain in the courtrooms of said court during court hours and during such reasonable times thereafter as may be necessary for the proper performance of his duty. He shall have custody of all records and papers of said justice court. Every clerk of the justice's court in any city or town of the second and one-half class shall receive an annual salary of one thousand four hundred dollars, and every clerk of the justice's court in any city

or town of the third class shall receive an annual salary of one thousand two hundred dollars; said salaries shall respectively be payable in equal monthly installments out of the treasury of said cities and said salaries shall be the full compensation for all services rendered by the clerks of said courts. [Amendment approved April 29, 1911; Stats. 1911, p. 1214.]

§ 128.

Citations. Cal. (subd. 8) 157/647. App. (subd. 5) 14/437, 438.

§ 134.

Citations. App. 10/458, 459.

§ 135.

Citations. App. 10/459, 725.

§ 144.

Citations. App. 8/56, 57.

§ 170.

Citations. Cal. 158/603, 607, 608; (subd. 2) 158/68. App. 9/524.