junction, but that the issuance thereof pending the litigation will entail great damage upon the defendant, and that plaintiff can be fully compensated for such damages as he may suffer, the Court may refuse the injunction upon the defend- Defendant ant giving a bond, such as is provided for in section five hun- giving bond. dred and thirty-two; and upon the trial the same proceedings shall be had, and with the same effect, as in said section provided.

how modi

532. If an injunction be granted without notice, the de- Injunction, fendant, at any time before the trial, may apply, upon rea- fied or sonable notice, to the Judge who granted the injunction, or dissolved. to the Court in which the action is brought, to dissolve or modify the same. The application may be made upon the complaint and the affidavit on which the injunction was granted, or upon affidavit on the part of the defendant, with or without the answer. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the injunction was granted. In all actions pending, or which may be hereafter brought, when an injunction or restraining order has been or may be granted or applied for, to prevent the diversion, pending the litigation, of water used or to be used for irrigation or domestic purposes only, if it be made to appear to the Court that great damage will be suffered by the defendant in case the injunction is continued, and that the plaintiff can be fully compensated for any damages he may suffer by reason of the continuance of the acts of the defendant during the pendency of the litigation, the Court, in its discretion, may dissolve or modify the injunction, upon the defendant giving a bond, with sureties to be approved by the Judge, and in such amount as may be fixed by the Court or Judge, conditioned that the defendant will pay all damages which the plaintiff may suffer by reason of the continuance during the litigation of the acts complained of. Upon the trial the amount of such damages shall be ascertained, and in case judgment is rendered for the plaintiff, the amount fixed as such damages shall be included in the judgment, together with reasonable attorneys' fees. Upon a suit brought on the bond the amount of damages as fixed in said judgment shall be conclusive upon the sureties.

This Act shall take effect on and after its passage.

16

Supreme
Court

consists of.
Term of
office.

Fill vacancy, office of Chief Justice.

minutes of Court.

Departments.

CHAPTER CLXXXIX.

Senate Constitutional Amendment No. 2.

[Approved March 12, 1887.]

To propose to the people of the State an amendment to the
Constitution of the State, relative to the Judiciary Depart-

ment.

Resolved, That the Legislature of the State of California, at its regular session, commencing on the third day of January, A. D. one thousand eight hundred and eighty-seven, two thirds of all the members elected to each of the two Houses of said Legislature voting in favor thereof, hereby propose that sections two and three of article six of the Constitution of said State be amended so as to read as follows:

Section 2. The Supreme Court shall consist of seven Justices. The Associate Justices of the Supreme Court, in office at the time of the adoption of this amendment to the Constitution, are hereby continued in office as Justices of the Supreme Court for the remainder of the terms to which they were respectively elected. The Justices shall elect one of their number to be Chief Justice, and he shall hold the office of Chief Justice of said Court for a term of two years. At the expiration of the term of the Chief Justice first elected, and every two years thereafter, the Justices shall elect a Chief Entered in Justice for a like term of two years. An entry of the election of such Chief Justice shall be made in the minutes of the Court and signed by four Justices. Whenever thereafter a vacancy occurs in the office of Chief Justice, a like election Open for the shall be had to fill such office for the unexpired term. The transaction Supreme Court may sit in departments or in bank, and shall always be open for the transaction of business. There Assignment shall be two departments, denominated, respectively, Department One and Department Two. The Chief Justice shall assign three of the Justices to each department, and such assignment may be changed by him from time to time. The Justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves, or as ordered by the Chief Justice. Each of the departments shall have the power to hear and determine causes, and all questions arising therein, subject to the provisions hereinafter contained in relation to the Court in bank. The presence of three Justices shall be necessary to transact any transaction business in either of the departments, except such as may be of business. done at chambers, and the concurrence of two Justices shall be necessary to pronounce a judgment. The Chief Justice Apportion- shall apportion the business to the departments, and may in business. his discretion order any cause pending before the Court to be heard and decided by the Court in bank. The order may be make order. made before or after judgment pronounced by a department; but where a cause has been allotted to one of the departments, and a judgment pronounced thereon, the order must be made

by Chief Justice.

Three Jus

tices neces

sary for

Judgment.

ment of

Time to

writing.

Chief

within thirty days after such judgment, and concurred in by two Justices, and if so made it shall have the effect to vacate and set aside the judgment. Any four Justices may, either In bank. before or after judgment by a department, order a case to be heard in bank. If the order be not made within the time above limited, the judgment shall be final. No judgment Final judgby a department shall become final until the expiration of ment. the period of thirty days aforesaid, unless approved by the Chief Justice, in writing, with the concurrence of two Justices. The Chief Justice may convene the Court in bank at any time, and shall be the presiding Justice of the Court when so convened. The concurrence of four Justices present Judgment at the argument shall be necessary to pronounce a judgment in bank. in bank; but if four Justices so present do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination Decisions to of causes all decisions of the Court in bank, or in departments, be made in shall be given in writing, and the grounds of the decision shall be stated. The Chief Justice may sit in either department, and shall preside when so sitting, but the Justices assigned to each department shall select one of their number as presiding Justice. In case of the absence of the Chief Election of Justice from the place at which the Court is held, or his ina- temporary bility to act, the Associate Justices shall select one of their Justice. own number to perform the duties and exercise the powers of the Chief Justice during such absence or inability to act. The Supreme Court Commission, created by the Act of the Term of Legislature approved March twelfth, eighteen hundred and Supreme eighty-five, shall continue and be a Supreme Court Commis- mission. sion for four years after the adoption of this amendment. Said Commission may be continued for such time thereafter as may be fixed by an Act passed by a vote of two thirds of the elected members of each House of the Legislature, and approved by the Governor. The members thereof and Sec- Appointretary shall be appointed as in said Act provided; and such ment of Commissioners shall be subject to removal in like manner Secretary. as Judges of the Supreme Court. Said Commission shall Commission. have the same power to hear and determine causes possessed by a department of the Supreme Court; and causes may be assigned to the Commission in the same manner they are assigned to a department, and after decision they may be ordered heard in bank, in the same way and with like restrictions as if decided in department. The judgments of the Entry of Commission shall be entered as the judgments of the Court. judgments. The Commission shall sit at such times and places as may Assignment be designated by the Court, but such Commissioners shall of cases. not exercise any judicial functions except when assembled as a Commission, and then they shall only have power to hear and determine such causes as may have been assigned to them.

Court Com

members and

Powers of

and term of

office,

Section 3. The Justices of the Supreme Court shall be elected Election by the qualified electors of the State at large, at the general State oce elections, and the times and places at which State officers are Supreme elected; and the term of office shall be twelve years from and

Justices.

full term.

Justices.

after the first Monday after the first day of January next sucElection for ceeding their election. Three Justices shall be elected for the full term at the general State election held in eighteen hundred and ninety; and at the general election held every fourth year thereafter, two Justices shall be elected for full terms of twelve years, except that in every twelfth year thereafter three Disability of Justices shall be elected for full terms. If the Chief Justice, or any Justice, becomes permanently disqualified, either mentally or physically, to perform the duties of his office, and such fact is certified to the Governor by five Justices, one of whom may be the Chief Justice in case of the disability of a Justice, the office of such disqualified person becomes immediately vacant, and he shall be paid a retiring salary of two hundred and fifty (250) dollars per month for the remainder of his term. If a vacancy exist or occur in the office of a Justice, the Governor shall appoint a person to hold the office for the remainder of the unexpired term. The Governor shall appoint a Justice to hold office as Justice for the unexpired term of the late Chief Justice.

Retiring

salary.

Appoint

ment by Governor.

RESOLUTIONS.