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CODES AND GENERAL LAWS OF 1909
SHOWING THE CHANGES AFFECTING THE CODES
TOGETHER WITH THE
CITATIONS CONTAINED IN VOLUMES 154 TO 158 OF
THE CALIFORNIA SUPREME COURT REPORTS
AND IN VOLUMES 8 TO 14 OF THE
JAMES H. DEERING
§ 10. Holidays within the meaning of this code, are every Sunday, the first day of January, twelfth day of February, to be known as Lincoln day, twenty-second day of February, thirtieth day of May, fourth of July, ninth day of September, first Monday in September, twelfth day of October, to be known as "Columbus day," twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday.
If the first day of January, twelfth day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of this state, and also in political divisions thereof where laws, ordinances or charters provide that public offices shall be closed on holidays; provided, this shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons; and provided further, that the public schools of this state shall close on Saturday, Sunday, the first day of January, the thirtieth day of May, the fourth day of July, the twenty-fifth day of December and on every day appointed by the president of the United States or the governor of this state for a public fast, thanksgiving or holiday. Said public schools shall continue in session on all other legal holidays and shall hold proper exercises com.
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.]
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.]
§ 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.]