Miner v. Justice's Court of Berkeley

Citations

• 121 Cal. 264
• 53 P. 795
• 1898 Cal. LEXIS 888

Syllabus

<p>Justices’ Court—Berkeley—Effect of Freeholders’ Charter on Existing Courts—Provision for New Courts.—The justices’ court of the town of Berkeley, created by the act of April 1, 1878, incorporating the town, ceased to exist, and the provisions of the act providing for the election and duties of justices of the peace and defining their . jurisdiction, became abolished, under section 8 of article XI of the constitution, upon the approval by the legislature, on March 5, 1895. of the freeholders’ charter adopted by the town on February 26, 1895; and the provisions in that charter for the creation of a justice’s court in the town, and the' election of justices therefor, was ineffective, upon the authority of People v. Tool, 85 Cal. 333.</p> <p>Id.—Special Act Creating Court — Constitutional Law.—The act of March 27, 1895, purporting to create a justice’s court solely for the town of Berkeley is special and local legislation, within the prohibition of the constitution, and therefore void.</p>