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DISTRIBUTION OF POWERS.
compel the attendance of absent members, in such manner and under such penalties as each House may provide.
Sec. 10. Each House shall determine the rule of its own proceedings, Section 1. Three separate departments.
and may, with the concurrence of two thirds of all the members elected, SECTION 1. The powers of the government of the State of California
expel a member. shall be divided into three separate departments: the legislative, the
Sec. 11. Each House shall keep a journal of its own proceedings, and executive, and judicial; and no person charged with the exercise of publish the same; and the yeas and nays of the members of either House powers properly belonging to one of these departments shall exercise entered on the Journal.
on any question shall, at the desire of any three members present, be any functions appertaining to either of the others, except in the cases
Sec. 12. Members of the Legislature shall, in all cases except treason, hereinafter expressly directed or permitted.
felony, and breach of the peace, be privileged from arrest, and shall not ARTICLE IV.
be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination
of each session. SECTION 1. Senate and Assembly, and enacting clause of laws.
Sec. 13. When vacancies occur in either House, the Governor, or the 2. Sessions of the Legislature.
person exercising the functions of the Governor, shall issue writs of elec3. Election and term of Assemblymen.
tion to fill such vacancies. 4. Qualifications of legislators.
Sec. 14. The doors of each House shall be open, except on such occa5. Election and term of Senators.
in the opinion of the House, may require secrecy. 6. Number and classes of Senators.
SEC. 15. Neither House shall, without the consent of the other, 7. Number of Senators, when increased.
adjourn for more than three days, nor to any other place than that in 8. Organization of legislative Houses.
which they may be sitting. 9. What number constitute a quorum.
Sec. 16. Any bill may originate in either House of the Legislature, 10. Rules for their government, and expulsion.
and all bills passed by one House may be amended in the other. 11. Each House to keep a journal.
Sec. 17. Every bill which may have passed the Legislature shall, 12. Members privileged from arrest and summons.
before it becomes a law, be presented to the Governor. If he approve 13. Vacancies, how filled.
it, he shall sign it, but if not he shall return it, with his objections, to 14. Open doors, and secret sessions.
the House in which it originated, which shall enter the same upon the 15. Adjournment, how long and where to.
Journal, and proceed to reconsider it. If, after such reconsideration, it 16. Origin and passage of bills.
again pass both Houses, by yeas and nays, by a majority of two thirds 17. Bills to be approved by the Governor or return vetoed; of the members of each House present, it shall become a law, notwith
standing the Governor's objections. If any bill shall not be returned passage over the veto. 18. Assembly to present and Senate to try articles of impeach-excepted), the same shall become a law, in like manner as if he had
within ten days after it shall have been presented to him (Sundays ment. 19. What officers liable to impeachment. Judgment in what. signed it, unless the Legislature, by adjournment, prevent such return. 20. Member ineligible to office created during his term of and all impeachments shall be tried by the Senate. When sitting for
Sec. 18. The Assembly shall have the sole power of impeachment, office. 21. Persons holding lucrative offices under the United States that purpose the Senators shall be upon oath or affirmation; and no Government, etc., ineligible to office under State Gov- person shall be convicted without the concurrence of two thirds of the Proviso.
members present. 22. Embezzlement or defalcation of public funds by officer. Controller, Treasurer, Attorney-General, Surveyor-General, Justices of
SEC. 19. The Governor, Lieutenant-Governor, Secretary of State, Penalty. 23. Public moneys and accounts, how disposed of and kept, the Supreme Court, and Judges of the District Court, shall be liable to and published with laws.
impeachment for any misdemeanor in office; but judgment in such 24. Compensation, how fixed.
cases shall extend only to removal from office and disqualification to 25. Title of laws; how revised and amended.
hold any office of honor, trust, or profit under the State; but the party 26. Divorces shall not be granted by Legislature.
convicted or acquitted shall, nevertheless, be liable to indictment, trial, 27. Lotteries prohibited.
and punishment according to law. All other civil officers shall be tried 28. Census, when and how taken. Basis of representation.
for misdemeanor in office, in such a manner as the Legislature may 29. Apportionment of legislators.
provide. 30. Congressional, Senatorial, and Assembly Districts.
Sec. 20. No Senator or member of the Assembly shall, during the 31. Corporations to be formed under general laws.
term for which he shall have been elected, be appointed to any civil 32. Dues of corporations, and individual liabilities therefor.
office of profit under this State which shall have been created or the 33. What are corporations. Their powers and duties.
emoluments of which have been increased during such term, except 34. Banks of deposit authorized.
such office as may be filled by election by the people. 35. Banks of circulation prohibited.
Sec. 21. No person holding any lucrative office under the United 36. Individual liabilty of corporation for debt.
States, or any other power, shall be eligible to any civil office of profit 37. Organization of municipal corporations.
under this state; provided, that officers in the militia to which there is
attached no annual salary, or local officers and Postmasters, whose com38. Legislative elections to be viva voce. 39. Amendments to Article IV, not to affect official incum- pensation does not exceed five hundred dollars per annum, shall not be
deemed lucrative. bency.
Sec. 22. No person who shall be convicted of the embezzlement or Section 1. The legislative power of this State shall be vested in a defalcation of the public funds of this state shall ever be eligible to any Senate and Assembly, which shall be designated the Legislature of the office of honor, trust, or profit under this State; and the Legislature State of California, and the enacting clause of every law shall be as fol shall, as soon as practicable, pass a law providing for the punishment of lows: "The People of the State of California, represented in Senate and such embezzlement or defalcation as a felony. Assembly, do enact as follows."
Sec. 23. No money shall be drawn from the treasury but in conseSec. 2. The sessions of the Legislature shall be biennial, and shallquence of appropriations made by law. An accurate statement of the commence on the first Monday of December next ensuing the election receipts and expenditures of the public moneys shall be attached to and of its members, unless the Governor of the State shall, in the interim, published with the laws at every regular session of the Legislature. convene the Legislature by proclamation. No session shall continue Sec. 24. The members of the Legislature shall receive for their longer than one hundred and twenty days.—[
services a compensation to be fixed by law, and paid out of the public SEC. 3. The members of the Assembly shall be chosen biennially, by treasury; but no increase of the compensation shall take effect during the qualified electors of their respective districts, on the first Wednesday the term for which the members of either House shall have been elected. in September, unless otherwise ordered by the Legislature, and their Sec. 25. Every law enacted by the Legislature shall embrace but one term of office shall be two years.
object, and that shall be expressed in the title; and no law shall be Sec. 4. Senators and members of Assembly shall be duly qualified revised or amended by reference to its title; but in such case the Act electors in the respective counties and districts which they represent. revised or section amended shall be reënacted and published at length.
SEC. 5. Senators shall be chosen for the term of four years, at the Sec. 26. No divorce shall be granted by the Legislature. same time and places as members of the Assembly; and no person shall Sec. 27. No lottery shall be allowed by this State, nor shall the sale be a member of the Senate or Assembly who has not been a citizen and of lottery-tickets be allowed. inhabitant of the State and of the county or district for which he shall Sec. 28. The enumeration of the inhabitants of this State shall be be chosen, one year next before his election.-(Amended, 1862.
taken, under the direction of the Legislature, in the years one thousand Sec. 6. The number of Senators shall not be less than one third, nor eight hundred and fifty-two and one thousand eight hundred and fiftymore than one half, of that of the members of the Assembly; and at the five, and at the end of every ten years thereafter; and these enumerfirst session of the Legislature, after this section takes effect, the Senators ations, together with the census that may be taken under the direction shall be divided by lot, as equally as may be, into two classes. The seats of the Congress of the United States, in the year one thousand eight of the Senators of the first class shall be vacated at the expiration of the hundred and fifty, and every subsequent ten years, shall serve as the second year, so that one half shall be chosen biennially.
basis of representation in both Houses of the Legislature. Sec. 7. When the number of Senators is increased they shall be Sec. 29. The number of Senators and members of Assembly shall, at apportioned by lot, so as to keep the two classes as nearly equal in num- the first session of the Legislature holden after the enumerations herein ber as possible.
provided for are made, be fixed by the Legislature, and apportioned Sec. 8. Each House shall choose its own officers, and judge of the among the several counties and districts to be established by law, accordqualifications, elections, and returns of its own members.
ing to the number of white inhabitants. The number of members of Sec. 9. A majority of each House shall constitute a quorum to do Assembly shall not be less than twenty-four, nor more than thirty-six, business; but a smaller number may adjourn from day to day, and may until the number of inhabitants within this state shall amount to one hundred thousand; and after that period, in such ratio that the whole Sec. 6. He shall transact all executive business with the officers of number of members of Assembly shall never be less than thirty nor more government, civil and military, and may require information in writing than eighty.
from the officers of the Executive Department, upon any subject relat Sec. 30. When a Congressional, Senatorial, or Assembly District shall | ing to the duties of their respective offices. be composed of two or more counties, it shall not be separated by any Sec. 7. He shall see that the laws are faithfully executed. county belonging to another district. No county shall be divided in SEC. 8. When any office shall, from any cause, become vacant, and forming a Congressional, Senatorial, or Assembly District so as to attach no mode is provided by the Constitution and law for filling such one portion of a county to another county; but the Legislature may vacancy, the. Governor shall have power to fill such vacancy, by grantdivide each county into as many Congressional, Senatorial or Assembly ing a commission, which shall expire at the end of the next session of Districts as such county may by apportionment be entitled to.- the Legislature, or at the next election by the people. [Amended, 1862.
Sec. 9. He may, on extraordinary occasions, convene the Legislature Sec. 31. Corporations may be formed under general laws, but shall by proclamation, and shall state to both Houses, when assembled, the not be created by special Act, except for municipal purposes. All gen- purpose for which they shall have been convened. eral laws and special Acts passed pursuant to this section may be altered Sec. 10. He shall communicate by message to the Legislature, at from time to time, or repealed.
every session, the condition of the State, and recommend such matters SEC. 32. Dues from corporations shall be secured by such individual as he shall deem expedient. liability of the corporators and other means as may be prescribed by SEC. 11. In case of a disagreement between the two Houses with relaw.
spect to the time of adjournment, the Governor shall have power to adSec. 33. The term corporations, as used in this article, shall be con-journ the Legislature to such time as he may think proper; provided, it strued to include all associations and joint stock companies having any be not beyond the time fixed for the meeting of the next Legislature. of the powers or privileges of corporations not possessed by individuals Sec. 12. No person shall, while holding any office under the United or partnerships. · And all corporations shall have the right to sue, and States, or this State, exercise the office of Governor, except as hereinshall be subject to be sued in all Courts, in like cases as natural persons. after expressly provided.
Sec. 34. The Legislature shall have no power to pass any Act grant- SEC. 13. The Governor shall have the power to grant reprieves and ing any charter for banking purposes, but associations may be formed, pardons after conviction, for all offenses, except treason and cases of imunder general laws, for the deposit of gold and silver; but no such asso- peachment, upon such conditions and with such restrictions and limitaciation shall make, issue, or put in circulation any bill, check, ticket, tions as he may think proper, subject to such regulations as may be procertificate, promissory note, or other paper, or the paper of any bank, to vided by law relative to the manner of applying for pardons. Upon circulate as money.
conviction for treason, he shall have the power to suspend the execution Sec. 35. The Legislature of this State shall prohibit, by law, any of the sentence until the case shall be reported to the Legislature at its person or persons, association, company, or corporation, from exercising next meeting, when the Legislature shall either pardon, direct the exthe privileges of banking or creating paper to circulate as money. ecution of the sentence, or grant a further reprieve. He shall communi
Sec. 36. Each stockholder of a corporation or joint stock association cate to the Legislature, at the beginning of every session, every case of shall be individually and personally liable for his proportion of all its reprieve or pardon granted, stating the name of the convict, the crime debts and liabilities.
of which he was convicted, the sentence and its date, and the date of SEC. 37. It shall be the duty of the Legislature to provide for the the pardon or reprieve. organization of cities and incorporated villages, and to restrict their Sec. 14. There shall be a seal of this State, which shall be kept by power of taxation, assessment, borrowing money, contracting debts, and the Governor, and used by him officially and shall be called " The loaning their credit
, so as to prevent abuses in assessments and in con- Great Seal of the State of California." tracting debts by such municipal corporations.
Sec. 15. All grants and commissions shall be in the name and by Sec. 38. In all elections by the Legislature the members thereof shall the authority of The People of the State of California, sealed with the vote viva voce, and the votes shall be entered on the Journal.
Great Seal of the State, signed by the Governor, and countersigned by SEC. 39. In order that no inconvenience may result to the public the Secretary of State. service from the taking effect of the amendments proposed to Article IV Sec. 16. 'A Lieutenant-Governor shall be elected at the same time by the Legislature of eighteen hundred and sixty-one, no officer shall and places, and in the same manner, as the Governor; and his term of be suspended or superseded thereby until the election and qualification office, and his qualifications of eligibility, shall also be the same. He of the several officers provided for in said amendments.- Amended, 1862. shall be President of the Senate, but shall only have a casting vote
therein. If, during a vacancy of the office of Governor, the LieutenantARTICLE V.
Governor shall be impeached, displaced, resign, die, or become incapaEXECUTIVE DEPARTMENT.
ble of performing the duties of his office, or be absent from the State,
the President of the Senate shall act as Governor until the vacancy be SECTION 1. Governor is vested with supreme executive power.
filled or the disability shall cease. 2. Election of Governor and term of office.
Sec. 17. In case of the impeachment of the Governor, or his removal 3. Qualifications and eligibility to the office.
from office, death, inability to discharge the powers and duties of said 4. Returns of, and counting the vote for Governor.
office, resignation, or absence from the State, the powers and duties of 5. Governor to be Commander-in-Chief.
the office shall devolve upon the Lieutenant-Governor for the residue of 6. Transact all executive business.
the term, or until the disability shall cease. But when the Governor 7. See to the execution of the laws.
shall, with the consent of the Legislature, be out of the State in time of 8. Fill vacancies not otherwise provided for.
war, at the head of any military force thereof, he shall continue Com9. Convene special sessions of the Legislature.
mander-in-Chief of all the military forces of the State. 10. Executive messages.
SEC. 18. A Secretary of State, a Controller, a Treasurer, an Attorney11. Adjourn the Legislature when the Houses disagree.
General, and a Surveyor-General, shall be elected at the same time and 12. Must not be Governor and hold other office.
place, and in the same manner, as the Governor and Lieutenant-Gov13. Reprieves and pardons for offenses.
ernor, and whose term of office shall be the same as the Governor.--. 14. Keeper of “The great seal of the State of California."
[Amended, 1862. 15. Sign and seal grants and commissions.
SEC. 19. The Secretary of State shall keep a fair record of the official 16. Of the Lieutenant-Governor.
acts of the legislative and executive departments of the Government, 17. When powers of Governor devolve on the Lieutenant- and shall, when required, lay the same, and all matters relative thereto, Governor.
before either branch of the Legislature, and shall perform such other 18. Election and terms of other State officers.
duties as may be assigned him by law; and in order that no inconven19. Duties of Secretary of State.
ience may result to the public service from the taking effect of the 20. Election of State officers for the first term by Legislature; amendments proposed to said Article V by the Legislature of eighteen thereafter, as in section eighteen provided.
hundred and sixty-one, no officer shall be superseded or suspended 21. Compensation. Not to be increased or diminished.
thereby, until the election and qualification of the several officers proSECTION 1. The supreme executive power of this State shall be vested vided for in said amendments.--[Amended, 1862. in a Chief Magistrate, who shall be styled the Governor of the State of SEC. 20. The Controller, Treasurer, Attorney-General, and SurveyorCalifornia.
General, shall be chosen by joint vote of the two Houses of the LegisSec. 2. The Governor shall be elected by the qualified electors, at lature at their first session under this Constitution, and thereafter the time and places of voting for members of the Assembly, and shall shall be elected at the same time and places, and in the same manner, hold his office for four years from and after the first Monday in Decem- as the Governor and Lieutenant-Governor. ber subsequent to his election, and until his successor is elected and Sec. 21. The Governor, Lieutenant-Governor, Secretary of State, qualified.-- Amended, 1862.
Controller, Treasurer, Attorney-General, and Surveyor-General, shall Sec. 3. No person shall be eligible to the office of Governor (except each, at stated times during their continuance in office, receive for their at the first election) who has not been a citizen of the United States and services a compensation which shall not be increased or diminished a resident of this State two years next preceding the election, and at- during the term for which they shall have been elected; but neither of tained the age of twenty-five years at the time of said election.
these officers shall receive, for his own use, any fees for the performance SEC. 4. The return of every election for Governor shall be sealed up of his official duties. and transmitted to the seat of government, directed to the Speaker of the Assembly, who, shall, during the first week of the session, open and
ARTICLE VI. publish them in presence of both Houses of the Legislature. The person having the highest number of votes shall be Governor; but, in case any two or more have an equal and the highest number of votes, the SECTION 1. Judicial powers. Legislature shall, by joint vote of both Houses, choose one of said per
2. Supreme Court, how constituted. Three Justices necessons so having an equal and the highest number of votes, for Governor.
sary to transact business. Sec. 5. The Governor shall be Commander-in-Chief of the militia,
3. Election of Supreme Court Justices. the army, and navy of this state.
4. Jurisdiction of the Supreme Court.
SECTION 5. Judicial districta; Judges' terms; absence.
pursuance of section one of this article, in their respective counties. 6. Jurisdiction of District Courts.
The County Judges shall also hold, in their several counties, Probate 7. County Court; Judges; terms and powers of the Court, Courts, and perform such duties as Probate Judges as may be prescribed and Probate Judge of San Francisco.
by law. The County Courts and their Judges shall also have power to 8. Jurisdiction of County Court.
issue writs of habeas corpus, on petition by or on behalf of any person 9. Justices of the Peace, their powers and duties.
in actual custody in their respective counties.--[ Amended, 1862. 10. Jurisdiction of Recorders' and other inferior municipal Sec. 9. The Legislature shall determine the number of Justices of Courts.
the Peace to be elected in each city and township of the State, and fix by 11. Clerk of the Supreme Court, County Clerk, and other law their powers, duties, and responsibilities; provided, such powers shall officers; their powers and duties.
not in any case trench upon the jurisdiction of the several Courts of 12. Terms of the Courts, how to be fixed.
record. The Supreme Court, the District Courts, County Courts, the Pro13. Fees and perquisites of judicial officers.
bate Courts, and such other Courts as the Legislature shall prescribe, 14. Decisions of the Supreme Court to be published.
shall be Courts of record.-[Amended, 1862. 15. Salaries of judicial officers, how fixed.
Sec. 10. The Legislature shall fix by law the jurisdiction of any 16. Ineligibility of Judges for other offices.
Recorder's or other inferior municipal Court which may be established 17. Charge of Judges to juries.
in pursuance of section one of this article, and shall fix by law the 18. Style of “process."
powers, duties, and responsibilities of the Judges thereof.—[ Amended, 19. Amendments to Article VI not to affect official incum- (1862. bency.
SEC. 11. The Legislature shall provide for the election of a Clerk of
the Supreme Court, County Clerks, District Attorneys, Sheriffs, and Section 1. The judicial power of this state shall be vested in a other necessary officers, and shall fix by law their duties and compensaSupreme Court, in District Courts, in County Courts, in Probate Courts, tion. County Clerks shall be ex officio Clerks of the Courts of record in and in Justices of the Peace, and in such Recorders' and other inferior and for their respective counties. The Legislature may also provide for Courts as the Legislature may establish in any incorporated city or the appointment by the several District Courts of one or more Commistown.-[Amended, 1862.
sioners in the several counties of their respective districts, with authority Sec. 2. The Supreme Court shall consist of a Chief Justice and four to perform chamber business of the Judges of the District Courts and Associate Justices. The presence of three Justices shall be necessary for County Courts, and also to take depositions, and to perform such other the transaction of business, excepting such business as may be done at business connected with the administration of justice as may be prechambers, and the concurrence of three Justices shall be necessary to scribed by law.-[Amended, 1862. pronounce a judgment.—[Amended, 1862.
SEC. 12. The times and places of holding the terms of the several Sec. 3. The Justices of the Supreme Court shall be elected by the Courts of record shall be provided for by law.—[ Amended, 1862. qualified electors of the State at special elections to be provided by law, Sec. 13. No judicial officer, except Justices of the Peace, Recorders, at which elections no officer other than judicial shall be elected, except and Commissioners, shall receive to his own use any fees or perquisites a Superintendent of Public Instruction. The first election for Justices of office.-(Amended, 1862. of the Supreme Court shall be held in the year eighteen hundred and Sec. 14. The Legislature shall provide for the speedy publication of sixty-three. The Justices shall hold their offices for the term of ten such opinions of the Supreme Court as it may deem expedient; and all years from the first day of January next after their election, except opinions shall be free for publication by any person.-[Amended, 1862. those elected at the first election, who, at their first meeting, shall so SEC. 15. The Justices of the Supreme Court, District Judges, and classify themselves by lot that one Justice shall go out of office every County Judges, shall severally, at stated times during their continuance two years. The Justice having the shortest term to serve shall be the in office, receive for their services a compensation which shall not be Chief Justice.-[Amended, 1862.
increased or diminished during the term for which they shall have been Sec. 4. The Supreme Court shall have appellate jurisdiction in all elected; provided, that County Judges shall be paid out of the county cases in equity; also, in all cases at law which involve the title or pos- treasury of their respective counties.—[ Amended, 1862. session of real estate, or the legality of any tax, impost, assessment, toll, Sec. 16. The Justices of the Supreme Court, and the District Judges, or municipal fine, or in which the demand, exclusive of interest or the and the County Judges, shall be ineligible to any other office than a value of the property in controversy, amounts to three hundred dollars; judicial office during the term for which they shall have been elected.also, in all cases arising in the Probate Courts, and also in all criminal (Amended, 1862. cases amounting to felony, on questions of law alone. The Court shall Sec. 17. Judges shall not charge juries with respect to matters of also have power to issue writs of mandamus, certiorari, prohibition, and fact, but may state the testimony and declare the law.—[ Amended, habeas corpus,
and also all writs necessary or proper to the complete 1862. exercise of its appellate jurisdiction. Each of the Justices shall have Sec. 18. The style of all process shall be: “The People of the State power to issue writs of habeas corpus to any part of the State, upon of California," and all prosecutions shall be conducted in their name petition on behalf of any person held in actual custody, and may make and by their authority:-[ Amended, 1862. such writs returnable before himself, or the Supreme Court, or before
Sec. 19. In order that no inconvenience may result to the public any District Court, or any County Court in the State, or before any service from the taking effect of the amendments proposed to said Judge of said Courts.—[ Amended, 1862.
Article VI by the Legislature of eighteen hundred and sixty-one, no SEC. 5. The State shall be divided, by the Legislature of eighteen officer shall be superseded thereby, nor shall the organization of the hundred and sixty-three, into fourteen julie al districts, subject to such several Courts be changed thereby, until the election and qualification alteration, from time to time, by a two-thirds vote of all the members of the several officers provided for in said amendments.—[ Amended, elected to both Houses, as the public good may require; in each of which 1862. there shall be a District Court, and for each of which a District Judge
ARTICLE VII. 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 Section 1. Organization and disciplining of the militia. shall hold their offices for the term of six years from the first day of
2. Officers, how elected or appointed. January next after their election. The Legislature shall have no power
3. Governor to call out the militia. 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 disciplining the militia in such manner as they shall deem expedient,
SECTION 1. The Legislature shall provide by law for organizing and days, shall be deemed to have forfeited his office.-[Amended, 1862. ŠEC. 6. The District Courts shall have original jurisdiction in all
not incompatible with the Constitution and laws of the United States. cases in equity; also, in all cases at law which involve the title or pos- manner as the Legislature shall from time to time direct, and shall be
Sec. 2. Officers of the militia shall be elected or appointed in such session of real property, or the legality of any tax, impost, assessment, commissioned by the Governor. 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 execute the laws of the State, to suppress insurrections, and repel
Sec. 3. The Governor shall have power to call forth the militia to to three hundred dollars, and also in all criminal cases not otherwise
invasions. 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
ARTICLE VIII. held in actual custody, in their respective districts.-[Amended, 1862.
SEC. 7. There shall be in each of the organized counties of the State a County Court, for each of which a County Judge shall be elected by
SECTION 1. Restriction on the legislative power to contract debts. the qualified electors of the county, at the special judicial election to be SECTION 1. The Legislature shall not in any manner create any held as provided for the election of Justices of the Supreme Court, by debt or debts, liability or liabilities, which shall, singly or in the aggresection three of this article. The County Judges shall hold their offices gate with any previous debts or liabilities, exceed the sum of three for the term of four years from the first day of January next after their hundred thousand dollars, except in case of war, to repel invasion, or election. Said Courts shall also have power to issue naturalization suppress insurrection, unless the same shall be authorized by some law papers. In the City and County of San Francisco the Legislature may for some single object or work, to be distinctly specified therein, which separate the office of Probate Judge from that of County Judge, and may law shall provide ways and means, exclusive of loans, for the payment provide for the election of a Probate Judge, who shall hold his office for of the interest of such debt or liability as it falls due, and also to pay the term of four years.—[ Amended, 1862.
and discharge the principal of such debt or liability within twenty SEC. 8. The County Courts shall have original jurisdiction of actions years from the time of the contracting thereof, and shall be irrepealable of forcible entry and detainer, of proceedings in insolvency, of actions until the principal and interest thereon shall be paid and discharged; to prevent or abate a nuisance, and of all such special cases and pro- but no such law shall take effect until, at a general election, it shall have ceedings as are not otherwise provided for, and also such criminal juris- been submitted to the people and have received a majority of all the diction as the Legislature may prescribe; they shall also have appellate votes cast for and against it at such election; and all money raised by jurisdiction in all cases arising in Courts held by Justices of the Peace authority of such law shall be applied only to the specific object therein and Recorders, and in such inferior Courts as may be established in stated, or to the payment of the debt thereby created. And such law
8. Fiscal year:
shall be published in at least one newspaper in each judicial district, if
ARTICLE XI. one be published therein, throughout the State, for three months next preceding the election at which it is submitted to the people. ARTICLE IX.
SECTION 1. Seat of government.
2, Dueling disqualifies for office.
3. The oath of office. Section 1. Superintendent of Public Instruction.
4. Legislature to provide a system of uniform county and 2. Duties of Legislature to promote and encourage education.
town governments. Proceeds of school lands. School Fund.
5. Boards of County Supervisors. 3. To provide a system of common schools.
6. All officers not otherwise provided for elected by the 4. University Fund; how created, managed, and applied.
people or appointed, as Legislature directs.
7. Duration not declared by Constitution to be fixed by law. SECTION 1. A Superintendent of Public Instruction shall, at the special election for judicial officers to be held in the year eighteen hun
9. Provision for support of county and other inferior officers. dred and sixty-three, and every four years thereafter, at such special
10. Credit of the State not to be given or loaned. elections, be elected by the qualified voters of the State, and shall enter
11. Suits against the State. upon the duties of his office on the first day of December next after his
12. Marriage contracts to be valid. election.—[ Amended, 1862.
13. Taxation shall be equal and uniform. SEC. 2. The Legislature shall encourage, by all suitable means, the
14. Separate property of wife defined and provided for. promotion of intellectual, scientific, moral, and agricultural improve
15. Homesteads of heads of families to be provided for. ment. The proceeds of all lands that may be granted by the Únited
16. Perpetuities not to be allowed. States to this state for the support of schools, which may be sold or dis
17. Giving or taking a bribe disqualifies for office. posed of, and the five hundred thousand acres of land granted to the
18. Rights of suffrage to be protected, and improper persons new States, under an Act of Congress distributing the proceeds of the
excluded therefrom; from the jury and from the balpublic lands among the several States of the Union, approved A. D. one
lot-box. thousand eight hundred and forty-one, and all estates of deceased per
19. Residence not affected by absence on the business of the sons who may have died without leaving a will or heir, and also such
State or Federal Government. per cent. as may be granted by Congress on the sale of lands in this
20. Plurality vote makes a choice. State, shall be and remain a perpetual fund, the interest of which,
21. Publication of laws, decrees, etc., in English and Spanish. together with all the rents of the unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated to the
Section 1. The first session of the Legislature shall be held at the support of common schools throughout the State.
Pueblo de San José, which place shall be the permanent seat of govSEC. 3. The Legislature shall provide for a system of common ernment until removed by law; provided, however, that two thirds of all schools, by which a school shall be kept up and supported in each .dis- the members elected to each House of the Legislature shall concur in trict at least three months in every year; and any school district neg
passage of such law. lecting to keep up and support such a school, may be deprived of its
Sec. 2. Any citizen of this State who shall, after the adoption of this proportion of the interest of the public fund during such neglect. Constitution, fight a duel with deadly weapons, or send or accept a chal
Sec. 4. The Legislature shall take measures for the protection, lenge to fight a duel with deadly weapons, either within this state or improvement, or other disposition of such lands as have been or may out of it, or who shall act as second, or knowingly aid or assist in any hereafter be reserved or granted by the United States, or any person or
manner those thus offending, shall not be allowed to hold any office of persons, to this State, for the use of a University; and the funds accru-profit, or to enjoy the right of suffrage under this Constitution. ing from the rents or sale of such lands, or from any other source, for
Sec. 3. Members of the Legislature, and all officers, executive and the purpose aforesaid, shall be and remain a permanent fund, the inter- judicial, except such inferior officers as may be by law exempted, shall, est on which shall be applied to the support of said University, with before they enter on the duties of their respective offices, take and subsuch branches as the public convenience may demand, for the promo- scribe the following oath or affirmation : tion of literature, the arts and sciences, as may be authorized by the
"I do solemnly swear (or affirm, as the case may be) that I will supterms of such grant. And it shall be the duty of the Legislature, as port the Constitution of the United States and the Constitution of the soon as may be, to provide effectual means for the improvement and State of California, and that I will faithfully discharge the duties of
the office of permanent security of the funds of said University.
according to the best of my ability.
And no other oath, declaration, or test shall be required as a qualifiARTICLE X.
cation for any office or public trust.
Sec. 4. The Legislature shall establish a system of county and town MODE OF AMENDING AND REVISING THE CONSTITUTION.
governments, which shall be as nearly uniform as practicable throughSection 1. Proposals of amendments. Submission to the people.
out the State. 2. By what authority, and how a constitutional convention of a Board of Supervisors in each county, and these Supervisors shall
SEC. 5. The Legislature shall have power to provide for the election is called and acts, and how its acts are ratified.
jointly and individually perform such duties as may be prescribed by Section 1. Any amendinent or amendments to this Constitution may law. be proposed in the Senate or Assembly; and if the same shall be agreed Sec. 6. All officers whose election or appointment is not provided for to by à majority of the members elected to each of the two Houses, by this Constitution, and all officers whose offices may hereafter be such proposed amendment or amendments shall be entered on their created by law, shall be elected by the people, or appointed, as the journals, with the yeas and nays taken thereon, and referred to the Legislature may direct. Legislature then next to be chosen, and shall be published for three Sec. 7. When the duration of any office is not provided for by this months next preceding the time of making such choice. And if, in the Constitution, it may be declared by law; and if not so declared, such Legislature next chosen as aforesaid, such proposed amendment or office shall be held during the pleasure of the authority making the amendments shall be agreed to by a majority of all the members elected appointment; nor shall the duration of any office, not fixed by this to each House, then it shall be the duty of the Legislature to submit Constitution, ever exceed four years. such proposed amendment or amendments to the people, in such manner SEC. 8. The fiscal year shall commence on the first day of July. and at such time as the Legislature shall prescribe; and if the people SEC. 9. Each county, town, city, and incorporated village shall make shall approve and ratify such amendment or amendments, by a majority provision for the support of its own officers, subject to such restrictions of the electors qualified to vote for members of the Legislature voting and regulations as the Legislature may prescribe. thereon, such amendment or amendments shall become part of the Sec. 10. The credit of the State shall not in any manner be given or Constitution.
loaned to or in aid of any individual, association, or corporation ; nor SEC. 2. And if at any time two thirds of the Senate and Assembly shall the State, directly or indirectly, become a stockholder in any assoshall think it necessary to revise and change this entire Constitution, ciation or corporation. they shall recommend to the electors at the next election for members Sec. 11. Suits may be brought against the State in such manner and of the Legislature to vote for or against a convention; and if it shall in such Courts as shall be directed by law. appear that a majority of the electors voting at such election have voted Sec. 12. No contract of marriage, otherwise duly made, shall be in favor of calling a convention, the Legislature shall, at its next session, invalidated for want of conformity to the requirements of any religious provide by law for calling a convention, to be holden within six months sect. after the passage of such law; and such convention shall consist of a Sec. 13. Taxation shall be equal and uniform throughout the State. number of members not less than that of both branches of the Legis- All property in the State shall be taxed in proportion to its value, to be lature. The Constitution that may have been agreed upon and adopted ascertained as directed by law; but Assessors and Collectors of town, by such convention shall be submitted to the people, at a special election county, and State taxes shall be elected by the qualified electors of the to be provided for by law, for their ratification or rejection. Each voter district, county, or town in which the property taxed for State, county, shall express his opinion by depositing in the ballot-box a ticket, or town purposes is situated. whereon shall be written or printed the words “For the New Consti- SEC. 14. All property, both real and personal, of the wife, owned or tution," or " Against the New Constitution.” The returns of such claimed by her before marriage, and that acquired afterward by gift, election shall, in such manner as the convention shall direct, be certified devise, or descent, shall be her separate property, and laws shall be passed to the Executive of the State, who shall call to his assistance the Con- more clearly defining the rights of the wife in relation as well to her troller, Treasurer, and Secretary of State, and compare the votes so separate property as to that held in common with her husband. Laws certified to him. If, by such examination, it be ascertained that a shall also be passed providing for the registration of the wife's separate majority of the whole number of votes cast at such election be in favor property. of such new Constitution, the Executive of this State shall, by his Sec. 15. The Legislature shall protect by law from forced sale, a cerproclamation, declare such new Constitution to be the Constitution of tain portion of the homestead and other property of all heads of famithe State of California.-[Amended, Nov. 4th, 1856.
Sec. 16. No perpetuities shall be allowed except for eleemosynary The election shall be conducted in the manner which was prescribed for purposes.
the election of delegates to this convention, except that the Prefects, SubSec. 17. Every person shall be disqualified from holding any office Prefects, or Senior Judge of First Instance, ordering such election in each of profit in this state who shall have been convicted of having given or district, shall have power to designate any additional number of places offered a bribe to procure his election or appointment.
for opening the polls, and that in every place of holding the election Sec. 18. Laws shall be made to exclude from office, serving on juries, a regular poll list shall be kept by the Judges and Inspectors of Elecand from the right of suffrage, those who shall hereafter be convicted of tion. It shall also be the duty of these Judges and Inspectors of Election, bribery, perjury, forgery, or other high crimes. The privilege of free on the day aforesaid, to receive the vote of the electors qualified to vote suffrage shall be supported by laws regulating elections, and prohibit- at such election. Each voter shall express his opinion by depositing in ing under adequate penalties, all undue influence thereon from power, the ballot-box a ticket, whereon shall be written or printed For the bribery, tumult, or other improper practice.
Constitution,” or “Against the Constitution," or some such words as will SEC. 19. Absence from this State on business of the State or of the distinctly convey the intention of the voter. These Judges and InspectUnited States, shall not affect the question of residence of any person. ors shall also receive the votes for the several officers to be voted for at
SEC. 20. A plurality of the votes given at any election shall consti- the said election, as herein provided. At the close of the election the tute a choice, where not otherwise directed in this Constitution. Judges and Inspectors shall carefully count each ballot, and forth with
Sec. 21. All laws, decrees, regulations, and provisions, which from make duplicate returns thereof to the Prefect, Sub-Prefect, or Senior their nature require publication, shall be published in English and Judge of First Instance, as the case may be, of their respective disSpanish.
tricts; and said Prefect, Sub-Prefect, or Senior Judge of First Instance
shall transmit one of the same, by the most safe and rapid conveyance, ARTICLE XII.
to the Secretary of State. Upon the receipt of said returns, or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of the Board of Canvassers, to consist of the Secretary
of State, one of the Judges of the Superior Court, the Prefect, Judge of SECTION 1. Boundary of the State defined.
First Instance, and an Alcalde of the District of Monterey, or any three
of the aforementioned officers, in the presence of all who shall choose to SECTION 1. The boundary of the State of California shall be as fol- attend, to compare the votes given at said election, and to immediately lows: Commencing at the point of intersection of forty-second degree publish an abstract of the same in one or more of the newspapers of of north latitude with the one hundred and twentieth degree of longitude California. And the Executive will also, immediately after ascertaining west from Greenwich, and running south on the line of said one hun- that the Constitution has been ratified by the people, make proclamadred and twentieth degree of west longitude until it intersects the thirty- tion of the fact; and thenceforth this Constitution shall be ordained and ninth degree of north latitude; thence running in a straight line in a established as the Constitution of California. southeasterly direction to the River Colorado, at a point where it inter- Sec. 7. If this Constitution shall be ratified by the people of Calisects the thirty-fifth degree of north latitude; thence down the middle fornia, the Executive of the existing government is hereby requested, of the channel of said river to the boundary line between the United immediately after the same shall be ascertained in the manner herein States and Mexico, as established by the treaty of May thirtieth, one directed, to cause a fair copy thereof to be forwarded to the President of thousand eight hundred and forty-eight; thence running west and along the United States, in order that he may lay it before the Congress of the said boundary line to the Pacific Ocean, and extending therein three United States. English miles; thence running in a northwesterly direction and follow- Sec. 8. At the general election aforesaid, viz: the thirteenth day of ing the direction of the Pacific coast to the forty-second degree of north November next, there shall be elected a Governor, Lieutenant-Governor, latitude; thence, on the line of said forty-second degree of north lati- members of the Legislature, and also two members of Congress. tude, to the place of beginning. Also, all the islands, harbors, and bays Sec. 9. If this Constitution shall be ratified by the people of Califoralong and adjacent to the coast.
nia, the Legislature shall assemble at the seat of government on the fifteenth day of December next, and in order to complete the organization of that body the Senate shall elect a President pro tempore, until the Lieutenant-Governor shall be installed into office.
Sec. 10. On the organization of the Legislature, it shall be the duty SCHEDULE.
of the Secretary of State to lay before each House a copy of the abstract
made by the Board of Canvassers, and, if called for, the original returns SECTION 1. Mexican laws in force.
of election, in order that each House may judge of the correctness of the 2. Removal of causes.
report of said Board of Canvassers. 3. Change of government.
Sec. 11. The Legislature, at its first session, shall elect such officers 4. Residence necessary to hold office.
as may be ordered by this Constitution to be elected by that body, and 5. Who are voters at the first election.
within four days after its organization proceed to elect two Senators to 6. Constitution to be submitted to vote of the people. Elec- the Congress of the United States. But no law passed by this Legislation, returns, canvass, and proclamation.
ture shall take effect until signed by the Governor after his installation 7. Transmission to Congress.
into office. 8. Election of officers.
Sec. 12. The Senators and Representatives of the Congress of the 9. Meeting of Legislature.
United States elected by the Legislature and people of California, as 10. Report of canvassers.
herein directed, shall be furnished with certified copies of this Constitu11. Election by Legislature of United States Senator.
tion, when ratified, which they shall lay before the Congress of the 12. Application for admission into the Union.
United States, requesting, in the name of the people of California, the 13. Installation of officers.
admission of the State of California into the American Union. 14. Apportionment of representation.
Sec. 13. All officers of this State, other than members of the Legis15. Salaries of State officers till fixed.
lature, shall be installed into office on the fifteenth day of December 16. Eighth article does not apply to expenditures of the first next, or as soon thereafter as practicable. Legislature.
SEC. 14. Until the Legislature shall divide the State into counties
and Senatorial and Assembly Districts, as directed by this Constitution, Section 1. All rights, prosecutions, claims, and contracts, as wetl of the following shall be the apportionment of the two Houses of the Legindividuals as of bodies corporate, and all laws in force at the time of islature, viz: The Districts of San Diego and Los Angeles shall jointly the adoption of this Constitution, and not inconsistent therewith, until elect two Senators; the Districts of Santa Barbara and San Luis Obispo altered or repealed by the Legislature, shall continue as if the same had shall jointly elect one Senator; the District of Monterey, one Senator; not been adopted.
the District of San José, one Senator; the District of San Francisco, two Sec. 2. The Legislature shall provide for the removal of all causes Senators; the District of Sonoma, one Senator; the District of Sacrawhich may be pending when this Constitution goes into effect, to Courts mento, four Senators; and the District of San Joaquin, four Senators. created by the same.
And the District of San Diego shall elect one member of the Assembly; SEC. 3. In order that no inconvenience may result to the public the District of Los Angeles, two members of Assembly; the District of service from the taking effect of this Constitution, no office shall be Santa Barbara, two members of Assembly; the District of San Luis superseded thereby, nor the laws relative to the duties of the several Obispo, one member of Assembly; the District of Monterey, two memofficers be changed, until the entering into office of the new officers to bers of Assembly; the District of San José, three members of Assembly; be appointed under this Constitution.
the District of San Francisco, five members of Assembly; the District of Sec. 4. The provisions of this Constitution concerning the term of Sonoma, two members of Assembly; the District of Sacramento, nine residence necessary to enable persons to hold certain offices therein members of Assembly; and the District of San Joaquin, nine members mentioned, shall not be held to apply to officers chosen by the people at of Assembly. the first election, or by the Legislature at its first session.
Sec. 15. Until the Legislature shall otherwise direct, in accordance Sec. 5. Every citizen of California declared a legal voter by this Con- with the provisions of this Constitution, the salary of the Governor stitution, and every citizen of the United States a resident of this state shall be ten thousand dollars per annum; and the salary of the Lieuon the day of election, shall be entitled to vote at the first general elec- tenant-Governor shall be double the pay of a State Senator; and the tion under this Constitution, and on the question of the adoption pay of members of the Legislature shall be sixteen dollars per diem thereof.
while in attendance, and sixteen dollars for every twenty miles traveled Sec. 6. This Constitution shall be submitted to the people for their by the usual route from their residences to the place of holding the sesratification or rejection at the general election to be held on Tuesday, sion of the Legislature, and in returning therefrom. And the Legislathe thirteenth day of November next. The Executive of the existing ture shall fix the salaries of all offieers other than those elected by the Government of California is hereby requested to issue a proclamation to people at the first election. the people, directing the Prefects of the several districts, or, in case of Sec. 16. The limitation of the powers of the Legislature contained vacancy, the Sub-Prefects or Senior Judge of First Instance, to cause in Article VIII of this Constitution shall not extend to the first Legissuch election to be held on the day aforesaid in their respective districts. lature elected under the same, which is hereby authorized to negotiate