Judicial Judges' terms. Absence. the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars; also in all cases arising in the Probate Courts; and also in all criminal cases amounting to felony, on questions of law alone. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any District Court, or any County Court in the State, or before any Judge of said Courts. NOTE.-Half pilotage is not a toll within the meaning of this section.-Harrison vs. Green, 18 Cal., p. 94. SEC. 5. The State shall be divided, by the Legislature of eighteen hundred and sixty-three, into fourteen Judicial Districts, subject to such alteration, from time to time, by a two thirds vote of all the members elected to both Houses, as the public good may require; in each of which there shall be a District Court, and for each of which a District Judge shall be elected by the qualified electors of the district at the special Judicial elections to be held as provided for the election of Justices of the Supreme Court, by section three of this Article. The District Judges shall hold their offices for the term of six years from the first day of January next after their election. The Legislature shall have no power to grant leave of absence to a Judicial officer; and any such officer who shall absent himself from the State for upwards of thirty consecutive days shall be deemed to have forfeited his office. NOTE. The number of districts may be increased beyond fourteen by a two-third vote of the Legislature. People vs. Sassovich, 29 Cal., p. 480. An election to fill vacancy in the office of District Judge is invalid unless held under the Governor's proclamation.-McKune vs. Weller, 11 Cal., p. 49. The Legislature may provide for filling the office of District Judge during tion of Courts. SEC. 6. The District Courts shall have original juris- Jurisdicdiction in all cases in equity; also, in all cases at law District which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars; and also in all criminal cases not otherwise provided for. The District Courts and their Judges shall have power to issue writs of habeas corpus, on petition by or on behalf of any person held in actual custody, in their respective districts. NOTE.-The Legislature may authorize the District Judge of one district to hold a Court in another district.-People vs. McCauley, 1 Cal., p. 379. Courts. SEC. 7. There shall be in each of the organized coun- County ties of the State a County Court, for each of which a County Judge shall be elected by the qualified electors of the county, at the special judicial election to be held as provided for the election of Justices of the Supreme Court by section three of this Article. The County Judges. Judges shall hold their offices for the term of four years from the first day of January next after their election. Said Courts shall also have power to issue naturalization papers. In the City and County of San Francisco the Terms and Legislature may separate the office of Probate Judge Court and from that of County Judge, and may provide for the Judge of election of a Probate Judge, who shall hold his office for Francisco. the term of four years. NOTE. The office of County Judge is not a county office within the meaning of an Act entitled " An Act 52-VOL. II.-POL. powers of Probate San Jurisdic- Justicos of the Peace. Jurisdiction of Recorders and other inferior municipal Courts. to amend an Act to regulate elections," passed March 23, 1850; consequently the Board of Supervisors cannot order a special election to fill a vacancy in such an office.-People vs. Martin, 12 Cal., p. 409. An election to fill a vacancy in the office of County Judge is a special election, and the Governor's proclamation is essential to its validity.-Westbrook vs. Rosborough, 14 Cal., p. 180. The tenure of office of a County Judge is four years. An Act organizing a new county and providing for the election of a County Judge for two years is void pro tanto, but an election held under the Act is good, and entitles the incumbent to the office for four years.-Westbrook vs. Rosborough, 14 Cal., p. 180; see, also, People vs. Templeton, 12 Cal., p. 394. SEC. 8. The County Court shall have original jurisdiction of actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, and of all such special cases and proceedings as are not otherwise provided for; and also such criminal jurisdiction as the Legislature may prescribe; they shall also have appellate jurisdiction in all cases arising in Courts held by Justices of the Peace and Recorders, and in such inferior Courts as may be established in pursuance of section one of this Article, in their respective counties. The County Judges shall also hold, in their several counties, Probate Court, and perform such duties as Probate Judges as may be prescribed by law. The County Courts and their Judges shall also have power to issue writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. SEC. 9. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State, and fix by law their powers, duties, and responsibilities; provided, such powers shall not in any case trench upon the jurisdiction of the several Courts of record. The Supreme Court, the District Courts, County Courts, the Probate Courts, and such. other Courts as the Legislature shall prescribe, shall be Courts of record. SEC. 10. The Legislature shall fix by law the jurisdiction of any Recorder's or other inferior municipal Court which may be established in pursuance of section one of this Article, and shall fix by law the powers, duties, and responsibilities of the Judges thereof. Court. sioners. SEC. 11. The Legislature shall provide for the election Clerks of of a Clerk of the Supreme Court, County Clerks, District Attorneys, Sheriffs, and other necessary officers, and shall fix by law their duties and compensation. County Clerks shall be ex officio Clerks of the Courts of record in and for their respective counties. The Legislature may also Commisprovide for the appointment by the several District Courts. of one or more Commissioners in the several counties of their respective districts, with authority to perform Chamber business of the Judges of the District Courts and County Courts, and also to take depositions, and to perform such other business connected with the administration of justice as may be prescribed by law. the Courts. SEC. 12. The times and places of holding the terms Terms of of the several Courts of record shall be provided for by law. SEC. 13. No judicial officer, except Justices of the Peace, Recorders, and Commissioners shall receive to his own use any fees or perquisites of office. Fees of officers. Judicial of Supreme Court. SEC. 14. The Legislature shall provide for the speedy Decisions publication of such opinions of the Supreme Court as it may deem expedient; and all opinions shall be free for publication by any person. Salaries of Judicial SEC. 15. The Justices of the Supreme Court, District Judges, and County Judges, shall severally, at stated officers. times during their continuance in office, receive for their services a compensation, which shall not be increased or diminished, during the term for which they shall have been elected; provided, that County Judges shall be paid out of the County Treasury of their respective counties. NOTE.-Judicial salaries cannot be increased or reduced during the term of the incumbent.-Johnson vs. Duden, 18 Cal., p. 696. The provisions of this sec Ineligi bility of tion do not exempt the officers named from the neces sity of an appropriation by the Legislature.—Myers vs. English, 9 Cal., p. 341. SEC. 16. The Justices of the Supreme Court, and Judges for the District Judges, and the County Judges, shall be ineli other offices. Charge of Judges to juries. Style of Amendments to Article VI not to affect official incumbency. gible to any other office than a judicial office during the term for which they shall have been elected. SEC. 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. NOTE.-The Judge cannot express an opinion upon the weight of evidence, but may state the evidence and declare the law.-People vs. King, 27 Cal., p. 509; Miller vs. Stewart, 24 Cal., p. 505; Pico vs. Stevens, 18 Cal., p. 376; People vs. Ybarra, 17 Cal., p. 166; People vs. Dick, 34 Cal., p. 663; id., 22 Cal., p. 213; id., 34 Cal., p. 663. The policy of the prohibition against charging juries in matters of fact is discussed and questioned in People vs. Taylor, 36 Cal., p. 255. SEC. 18. The style of all process shall be: "The People of the State of California," and all prosecutions shall be conducted in their name and by their authority. SEC. 19. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said Article VI, by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded thereby, nor shall the organization of the several Courts be changed thereby, until the election and qualification of the several officers provided for in said amend ments. Organiza tion and ARTICLE VII. MILITIA. SECTION 1. Organization and disciplining of the militia. 2. Officers, how elected or appointed. 3. Governor to call out the militia. SECTION 1. The Legislature shall provide by law for discipline. organizing and disciplining the militia, in such manner |