his assistance the Controller, Treasurer, and Secretary of State, and compare the votes so certified to him. If by such examination, it be ascertained that a majority of the whole number of votes cast at such election be in favor of such new Constitution, the Executive of this State shall, by his proclamation, declare such new Constitution to be the Constitution of the State of California. [Amendment ratified November 4, 1856.]

[Original Section.] SEC. 2. And if, at any time, two thirds of the Senate and Assembly shall think it necessary to revise or change this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against the convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a convention, the Legislature shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the Legislature.

26 Cal. 186.

ARTICLE XI.

MISCELLANEOUS PROVISIONS.

Capital of State-How changed.

SECTION 1. The first session of the Legislature shall be held at the Pueblo de San José, which place shall be the permanent seat of government until removed by law; provided, however, that two thirds of all the members elected to each house of the Legislature shall concur in the passage of such law.

5 Cal. 32; 50 Cal. 572.

Disqualification and disfranchisement for dueling.

SEC. 2. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as second or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit or to enjoy the right of suffrage under this Constitution.

Oath of office.

SEC. 3. Members of the Legislature and all officers, executive and judicial, except such inferior officers as may be by law

exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:

"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of -, according to the best of my

ability."

And no other oath, declaration or test shall be required as a qualification for any office or public trust.

17 Cal. 20; 22 Cal. 307; 24 Cal. 243.

County and township government.

SEC. 4. The Legislature shall establish a system of county and town governments, which shall be as nearly uniform as practicable throughout the State.

33 Cal. 494; 34 Cal. 532; 47 Cal. 656; 48 Cal. 318; 50 Cal. 564; 58 Cal. 61; 121 Cal. 551.

County Boards of Supervisors.

SEC. 5. The Legislature shall have power to provide for the election of a Board of Supervisors in each county, and these Supervisors shall jointly and individually perform such duties as may be prescribed by law.

33 Cal. 404; 39 Cal. 9; 47 Cal. 656.

Officers, election or appointment of.

SEC. 6. All officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.

8 Cal. 16; 22 Cal. 314; 34 Cal. 541; 45 Cal. 558.

Term of office.

SEC. 7. When the duration of any office is not provided for by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment; nor shall the duration of any office not fixed by this Constitution ever exceed four years.

6 Cal. 289; 7 Cal. 102; 22 Cal. 314; 79 Cal. 113; 128 Cal. 604; 136 Cal. 581; 138 Cal. 16. Cal. App. Ct. 1, 7.

Fiscal year.

SEC. 8.

The fiscal year shall commence on the first day of July. 23 Cal. 182.

County and town officers, how supported.

SEC. 9. Each county, town, city and incorporated village shall make provision for the support of its own officers, subject to such restrictions and regulations as the Legislature may prescribe.

34 Cal. 533; 47 Cal. 657; 51 Cal. 29.

Credit of State not to be loaned.

SEC. 10. The credit of the State shall not in any manner be given or loaned to or in aid of any individual, association or corporation; nor shall the State, directly or indirectly, become a stockholder in any association or corporation.

27 Cal. 207.

Suits against the State.

SEC. 11. Suits may be brought against the State in such manner and in such courts as shall be directed by law.

Marriage contracts.

SEC. 12. No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.

Taxation to be equal.

SEC. 13. Taxation shall be equal and uniform throughout the State. All property in the State shall be taxed in proportion to its value, to be ascertained as directed by law, but assessors and collectors of town, county and State taxes shall be elected by the qualified electors of the district, county, or town in which the property taxed for State, county, or town purposes is situated.

1 Cal. 252; 2 Cal. 592; 4 Cal. 49; 12 Cal. 83; 13 Cal. 350; 14 Cal. 16; 22 Cal. 369; 29 Cal. 451; 30 Cal. 683; 34 Cal. 475, 657; 37 Cal. 246; 40 Cal. 513; 41 Cal. 354; 43 Cal. 335, 434; 44 Cal. 326; 46 Cal. 506, 556; 47 Cal. 92, 648; 51 Cal. 244, 501; 52 Cal. 81, 601; 58 Cal. 61.

Separate property of husband and wife.

SEC. 14. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

Homesteads, protection of.

SEC. 15. The Legislature shall protect by law from forced sale a certain portion of the homestead and other property of all heads of families.

14 Cal. 474; 24 Cal. 640.

Perpetuities.

SEC. 16. No perpetuities shall be allowed except for eleemosynary purposes.

58 Cal. 472.

Disqualification for bribery.

SEC. 17. Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given or offered a bribe to procure his election or appointment.

Purity in office-holding and in elections.

SEC. 18. Laws shall be made to exclude from office, serving on juries and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

2 Cal. 211; 22 Cal. 316.

Residence.

SEC. 19. Absence from this State on business of the State or of the United States shall not affect the question of residence of any person.

26 Cal. 211.

Election by plurality.

SEC. 20. A plurality of the votes given at any election shall constitute a choice, where not otherwise directed in this Constitution.

Laws published in English and Spanish.

SEC. 21. All laws, decrees, regulations and provisions which from their nature require publication, shall be published in English and Spanish.

SECTION 1. The boundary of the State of California shall be as follows: Commencing at the point of intersection of fortysecond degree of north latitude with the one hundred twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a straight line in a southeasterly direction to the River Colorado, at a point where it intersects the thirty-fifth degree of north latitude; thence down the middle of the channel of said river to the boundary line between the United States and Mexico, as established by the treaty of May thirtieth, one thousand eight hundred and forty-eight; thence running west and along said boundary line to the Pacific Ocean, and extending therein three English miles; thence running in a northwesterly direction and following the direction of the Pacific coast to the forty-second degree of north latitude; thence on the line of said forty-second degree of north latitude to the place of beginning. Also, all the islands, harbors and bays along and adjacent to the coast.

Laws in force.

SCHEDULE.

SECTION 1. All rights, prosecutions, claims and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this Constitution, and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted.

Removal of all causes.

SEC. 2. The Legislature shall provide for the removal of all causes which may be pending when this Constitution goes into effect to courts created by the same.

Laws in force.

SEC. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no office shall be superseded thereby, nor the laws relative to the duties of the several officers be changed until the entering into office of the new officers to be appointed under this Constitution.