offire and salaries shall be the same as those of justices of the supreme court, and their salaries shall be paid by the state. Upon the ratification by the people of this amendment the governor shall appoint nine persons to serve as justices of the district courts of appeal until the first Monday after the first day of January in the year nineteen hundred and seven, provided, that not more than six of said persons shall be members of the same political party. At the election in the year nineteen hundred and six nine of such justices shall be elected as above provided, and the justices of each distric, court of appeal shall so classify themselves by lot that one of them shall go out of office at the end of four years, one of them at the end of eight years, and one of them at the end of twelve years; an entry of such classification shall be made in the minutes of the court, signed by the three justices thereof, and a duplicate thereof filed in the office of the secretary of state. If any vacancy occur in the office of a justice of the district courts of appeal, the governor shall appoint a person to hold office until the election and qualification of a justice to fill the vacancy; such election shall take place at the next succeeding general state election as aforesaid; the justice then elected shall hold the office for the unexpired term.

One of the justices of each of the district courts of appeal shall be the presiding justice thereof, and as such shall be appointed or elected as the case may be. The presence of three justices shall be necessary for the transaction of any business by such court, except such as may be done at chambers, and the concurrence of three justices shall be necessary to pronounce a judgment.

Whenever any justice of the supreme court is for any reason disqualified or unable to act in a cause pending before it, the remaining justices may select one of the justices of a district court of appeal to act pro tempore in the place of the justice so disqualified or unable to act.

Whenever any justice of a district court of appeal is for any reason disqualified or unable to act in any cause pending before it, the supreme court may appoint a justice of the district court of appeal of another district, or a judge of a superior court who has not acted in the cause in the court below, to act pro tempore in the place of the justice so dis. qualified or unable to act.

No appeal taken to the supreme court or to a district court of appeal shall be dismissed for the reason only that the same was not taken to the proper court, but the cause shall be transferred to the proper court upon such terms as to costs or otherwise as may be just, and shall be proceeded with therein as if regularly appealed thereto.

All statutes now in force allowing, providing for, or regulating appeals to the supreme court shall apply to appeals to the district courts of appeal so far as such statutes are not inconsistent with this article and until the legislature shall otherwise provide.

The supreme court shall make and adopt rules not inconsistent with law for the government of the supreme court and of the district courts of appeal and of the officers thereof, and for regulating the practice in said courts. (Amendment adopted November 8, 1904.)

TABLE OF CASES.

Abbott v. Kerrigan..

524 Adams, Prouty v..

xviii Adams v. Thornton.

xviii Albery v. Geis.....

381 Albion Lamber Co. v. California Bridge and Construction Co.... xviii Allen, Doe v.

560 Alper v. Tormey

634 Anderson, Sacramento Paving Company v.

672 Andros v. Andros

309 Application of Bunkers

61 Armantage v. Superior Court of Los Angeles County

130 Atebison, Topeka and Santa Fe Railway Company, Coats V.. ... 441

Bacon v. Kearney Vineyard Syndicate ...

275 Baldwin v. Napa and Sonoma Wine Company

215 Ball v. Lowe

228 Ballard, People v.

222 Barnet, March v.

583 Baum v. Roper

435 Bissell v. Forbes

606 Bither v. Christensen

90 Black v. Vermont Marble Company

718 Board of Education, McKenzie v.

.406, 410 Board of Education of San Francisco, Bradley v.

Buhman v. Nickels & Brown Bros.
Buhrmeister, Estate of
Buhrmeister v. Buhrmeister
Bulpitt, Harniss v.
Bunkers, In re Application of
Burns v. Schoenfeld
Bush, Bradley v.
Butler V. Delafield
Byers, Rogers v.

266 80 80 140

61 121 516 367 281

..... 142

California and Northwestern Railway v. State of California
California Bridge and Construction Co., Albion Lumber Co. v. .. xviii
Canty, Hannah v.

225 Carbone, Perrin v.

295 Carpenter v. Ibbetson

272 Carroll, People v.

2 Casner, Estate of

145 Casner, Hatfield v.

145 Castle v. Sibley

648 Chamberlain, Gerrish v.

740 Chatham, Mansfield v. ....

298 Chesney, Estate of

30 Childs, Ex parte

39 Christensen, Bither v.

90 City and County of San Francisco v. Hartnett

652 City Bank and City Savings Bank v. Enos

35 City of Marysville v. County of Yuba

628 City of Sacramento, Fountain v.

461 Cleary, People v.

50 Cleveland, Fife v.

57 Coats v. Atchison, Topeka, and Santa Fe Railway Company 441 Cochran V. Bones

729 Collins, Hayden v.

259 Common Council of the City of San Diego, Board of Education of the City of San Diego v.

311 County of San Luis Obispo v. Simas

175 County of Yuba, City of Marysville v.

628 Cowan, People v.

411 Cox v. Odell

682 Craig v. Gray

598 Crystal v. Hutton

251 Curtis, People v.

1 Cusick v. Boyne

642

De Leonis v. Hammel
Dellow, Estate of
De Witt, Drake v.
Dodge v. Board of Police Commissioners
Doe v. Allen
Doherty, Ellis v.
Donegan, Downing v.
Downing v. Donegan
Drake v. De Witt
Dunlap v. Plummer.
Darand. People v.
Datehess Insurance Company, Loring v.

390 529 617 608 560 472 710 710 617 426

71 186

Ellenwood, Quigley v.
Ellis v. Doherty
Ennis Brown Company v. Hurst & Co.
Enos, City Bank v.
Enscoe v. Fletcher
Erickson, McRae v.
Erie City Iron Works v. Tatum
Estate of Bouyssou
Estate of Buhrmeister
Estate of Casner
Estate of Chesney
Estate of Dellow
Estate of Jeffreys
Estate of Koppikus
Estate of McCarthy
Estate of Scott
Estate of Steward
Estate of Sylvar
Estate of Thayer
Ex parte Boynton
Ex parte Childs

... 626

472 752

35 659 326 286 657

80 145

30 529

524 .84, 88

467 740 57 35 104 294 39

5

Farrell v. Board of Police Commissioners of San Francisco
Fette, Munroe v.
Field, Grunsky v.
Pife v. Cleveland
Finley, In re
Fish, Michelson v.
Fitzgerald, Koppikus v.
Fitzgerald, People v.
Fletcher, Enscoe v.
Forbes, Bissell v.
Fountain v. City of Sacramento
Fox, Peckham v.
Frank, Dallman v.