rior judicial officers, in any incorporated city or town, shall be elected by the qualified electors of their respective townships, cities or towns, at the special judicial elections, and shall hold their offices as provided by law: provided, that nothing in this section shall be so construed as to apply to the mayor of any city who shall be judge of a municipal court. Gen. Laws, 4729.

SEC. 7. Justices of the peace shall be elected by the electors of their respective townships or cities, at the special elections to be held for the election of justices of the supreme court, and shall hold their offices for two years. from the first day of January next following their election. Whenever a vacancy shall occur in the office of a justice, by death, resignation or otherwise, it shall be filled by appointment by the board of supervisors of the county. The person appointed shall hold his office for the unexpired term of his predecessor. Gen. Laws, 1284, 4757.

SEC. 8. When any justice of the peace, by the formation of a new township, shall be brought within the limits thereof, he shall be one of the justices of the peace allowed to such new township, and shall continue in office until the expiration of the term for which he was elected. Gen. Laws, 4730.

SEC. 9. When, by annexing a part of one township to another, there shall be more than the proper number of justices of the peace within the limits of the township to which addition shall have been made, any justice of the peace brought within such township shall, notwithstanding, hold and exercise his office therein until the expiration of his term of office, but no successor shall be elected after the office becomes vacant, either by the expiration of the term of office of the incumbent or otherwise; and whenever any township, in consequence of any part of it being taken. to form a new township or to be annexed to any other township, shall be deprived of its proper number of justices of the peace, the vacancy thus produced shall be supplied as in other cases. Gen. Laws, 4731.

SEC. 10. All township officers elected by the people shall receive certificates of election from the officer or officers to whom returns of election are made. Gen. Laws, 4733.

SEC. 11. Any officer elected or appointed to fill a vacancy shall be commissioned, or receive a certificate of election or appointment, to such office. Gen. Laws, 4734.

SEC. 12. All commissions of officers shall be in the name and by the authority of the people of the state of California, and shall be sealed with the great seal of the state, signed by the governor and countersigned by the secretary of state. Gen. Laws, 4732.

SEC. 13. Proof that a party acted as and exercised the office of a justice, is sufficient evidence of his being one, without producing his appointment or commission. 1 Spencer, 295.

SEC. 14. Every person elected or appointed to any office of trust or profit, under the authority of this state, before he enters on the duties of his office, shall take and subscribe to the following oath or affirmation: "I do solemnly swear [or, 'affirm,' as the case may be] that I will support the constitution of the United States and the constitution of the state of California, and that I will faithfully discharge the duties of the office of according to the best of my ability." And such oath shall be indorsed on the commission or certificate of election, or appointment of such office, and signed by him and certified by the officer before whom such oath or affirmation shall have been taken. Gen. Laws, 4735.

SEC. 15. The oath shall be taken and may be subscribed before any officer authorized by law to administer oaths, unless otherwise directed by law. Gen. Laws, 4738.

SEC. 16. It shall be the duty of every officer whose oath of office is required to be indorsed on his commission or certificate of election, to take and subscribe said oath within ten days after the reception of his said commission or certificate, or within ten days after the commencement of his term of office, if his commission or certificate shall have been received by him. Gen. Laws, 4739.

SEC. 17. Each justice, before entering upon the discharge of his duties, shall take the constitutional oath of office, and shall execute a bond to the state, in a sum to be fixed by the board of supervisors of the county, conditioned for the faithful performance of his duties, and file the same with the county clerk. Gen. Laws, 1284.

4

FORM.

Of Official Bond of Justice of the Peace.

Know all men by these presents, that we, A B, as principal, and C D and E F, of, etc., as sureties, are held and firmly bound unto the state of ......, in the penal sum of .... dollars, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, administrators, jointly and severally, firmly by these presents.

......

day of

A.D. 187..

Sealed with our seals and dated the Whereas, the above bounden A B, has been elected to the office of justice of the peace, at the last judicial election. Now, therefore, the condition of the above obligation is such, that if the said A B, shall well and truly and faithfully perform and execute the duties of justice of the peace, according to law and according to the requirements of any law to be hereafter enacted, then the above obligation to be void; else to remain in full force.

Personally appeared before me, J K, being authorized to administer an oath-the above named C D and E F, who being by me duly sworn, each for himself, deposes and swears, that he is a resident and freeholder or householder, within said county of ......, and that he is worth the amount for which he becomes surety, to wit: the sum of ...... dollars, over and above all his debts and liabilities, in unincumbered property, situate within said state, which may be levied upon, and is not exempt from execution and forced sale. C D. E F.

Sworn to before me, this .... day of

A.D.

18...

.....

J K, Justice of the Peace.

[The above bond, before it is filed with the county clerk, must be approved by the county judge of the county in which the justice elected or appointed is to serve.]

SEC. 18. A magistrate who is found acting as such, must be presumed to have taken the requisite oath. 4 Cranch, 75. SEC. 19. Every office shall become vacant, upon the happening of either of the following events, before the expiration of the term of such office:

1st. The death or resignation of the incumbent. 2d. The removal of the incumbent from office.

3d. The confirmed insanity of the incumbent, found

upon

a commission of lunacy issued to determine the fact. 4th. A conviction of the incumbent, of a felony or misdemeanor in office.

5th. A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in the seventeenth section of this act, or when a bond is required. by law, his refusal or neglect to give such bond within the same time in which he is required to take the oath of office.

6th. The ceasing of the incumbent to be a resident of the state, district, county, city or township, in which the duties of his office are to be exercised or for which he shall have been elected or appointed.

7th. The ceasing of the incumbent to discharge the duties of his office for the period of three consecutive months, except when prevented by sickness or absence from the state upon leave, as provided by law.

8th. The decision of a competent tribunal declaring the election or appointment void or the office vacant. Gen. Laws, 4741.

SEC. 20. A conviction and judgment for felony against a justice, is a forfeiture of his office, and incapacitates him from ever afterwards acting under his commission; nor does a pardon avoid the forfeiture or restore his capacity. 2 Leigh, 724.

SEC. 21. Where a justice maliciously issues a warrant, commanding a person to appear before him and answer the complaint of another person, and adjudged him to pay costs, when, in fact, said complaint was never made to him, it was held that he was guilty of malfeasance, and he was accordingly indicted, fined and removed from office. 2 Va. Cas. 130:

SEC. 22. Where a justice had been indicted for drunkenness while in the execution of his official duties, and tried by a jury and found guilty, it was held, that he ought to be removed from his office. 1 Va. Cas. 156, 308.

SEC. 23. An indictment does not lie against a justice of the peace for mal-administration; the proceeding is by impeachment. 2 Tyler, 177.

SEC. 24. That a removal of a justice from his county may operate to vacate his commission, it must be with the absolute intent to change his place of residence. C. B. Mon. 214.

SEC. 25. A temporary removal of a justice from his

county with an intent to stay four months and then return, does not vacate his office. 3 Bibb, 430.

SEC. 26. A justice of the county of A left the state with the intent to reside in another state. He remained in another state nine months, but did not establish his permanent residence there. He then returned and resumed his former residence in the county of A, in Virginia: Held, that he had no right to resume his office of justice of A. 2 Leigh, 743.

SEC. 27. Where a justice forfeits his office by an acceptance of another office, such acceptance does not vacate such of his subsequent acts as may have been done before his disqualification is established by some proper judicial tribunal. 2 Va. Cas. 59.

SEC. 28. If a justice, having been legally disqualified to act as such, continue to act in the same capacity after accepting an incompatible office, he will be considered as a justice of the peace, de facto, so far as third persons are concerned, and his warrant will justify the officer to whom it is directed in making service thereof. 2 Cush. 577.

SEC. 29. The acceptance of the office of constable of a town by a person holding, at the time, the office of justice, is of itself a surrender of the latter office. 25 Cow. 565.

SECTION 1. As a general rule, justices have jurisdiction in all cases at law in which the demand, exclusive of interest or the value of the property in controversy, is less than three hundred dollars. Before the late amendments of the constitution, the jurisdiction of justices was limited to all