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effect, and the special act of March 9, 1878, (Stats. p. 204) relative to salary of such office in Calaveras county, and which by its own terms was not to go into effect until March, 1880, never did go into effect because of the adoption of the constitution. Peachy v. Supervisors, 59 Čal. 548.
SECTION 2. That all recognizances, obligations, and all other instruments entered into or executed before the adoption of this constitution, to this state, or to any subdivision thereof, or any municipality therein, and all tines, taxes, penalties and forfeitures due or owing to this state, or any subdivision or municipality thereof, and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this constitution. All indictments or informations which shall have been found, or may hereafter be found, for any crime or offense committed before this constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in this constilution.
SECTION 3. All courts now existing, Aave justices' and police courts, are hereby ubolished; and all records, books, papers and proceedings irom such courts, as are abolished by this con: stitution, shall be transferred on the first day of January, eighteen hundred and eighty, to the courts provided for in this constitution; and the courts to which the same are thus transferred shall have the same power and jurisdiction over them as it they had been in the first instance commenced, filed or lodged therein.
The Superior Court of city and county of San Francisco is the constitutional successor of the municipal criminal court. Ex parte Lizzie Williams, 87 Cal. 78.
An action brought in the District Court in San Francisco, prior to adoption of this constitution, to foreclose a mortgage on lands in Fresno county, was succeeded to by the superior Court in and for San Francisco, and its decree of foreclosure was valid. The provision of the present constitution, requiring such actions to be brought in the county where the land affected thereby is situated, is prospective. Watt v. Wright, 66 Cal. 202.
The Superior Court of San Francisco succeeded to an action pending in the District Court of San Francisco at the time of the adoption of this constitution, although the action was for recovery of possession of land situate in Sonoma county. Prior to the adoption of this constitution said action was properly commenced in said District Court. Gurnee v. Superior Court, 58 Cal. 88; approved in S. F. Sav. U. v. Abbott, 59 Cal. 400.
At the time the constitution went into effect, January 1, 1880, an appeal from city criminal court was pending in the County Court. The Superior Court afterwards affirmed the judgment and issued its bench warrant for the arrest of the defendant. Held, the court had power to issue the warrant for arrest. Ex parte Toland, 54 Cal. 344.
Justices courts were not abolished but expressly continued by the constitution. At the election in 1879 one Topham was elected justice of the peace but did not qualify. The incumbent remained in office, and was himself elected at the following election in 1882, but he also failed to qualify after this election. A vacancy existed under these circumstances, which could have been filled by the supervisors by appointment, but the fact that the jurisdiction of such courts had been enlarged, nor the fact that the supervisors had provided for the election of but one justice where there had formerly been two, did not affect the matter. French v, Santa Clara County, 69 Cal. 519, and In re Guerrero, 69 Cal. 99.
An action to abate a nuisance being a suit in equity, such suit pending in the District Court at the time of the adoption of this constitution was transferred to the Superior Court. Learned v. Castle, 67 Cal. 41.
It seems that misconduct of a county officer committed subsequent to taking effect of this constitution, and which misconduct would have been triable in the District Court under the act of March 30, 1874, (Stats. p. 911) cannot be tried in the Superior Court, said act not having been amended so as to vest the
Superior Court with such jurisdiction. Fraser v. Alexander, 75 Cal. 147.
The superior judges succeeded to the duty of county judges in the matter of attending to the drawing of jurors, under section 215 0. C. P. Said section is not inconsistent with the present constitution except that it names county judges, and with this exception it remained in force. People v. Gallagher, 55 Cal. 462. And Superior Court as successor of District Court can make an order to carry into exe. cution a sentence of death imposed by the latter. People v. Colby, 54 Cal. 184.
That all the courts except justice and police were abolished and all papers, etc., transferred to Supe. rior Courts. Ex parte Flood, 64 Cal. 251.
This section is referred to in dissenting opinion of Thornton J., in Cummings v. Conlan, 66 Oal. 406, as to settlement of statement on motion for new trial. That the word “found” in connection with informations means “filed” in dissenting opinion of Sharpstein, J. in People v. Campbell, 59 Cal. 254. And in Cal. F. & M.S. Co, v. S. F., 60 Cal. 307, to the effect that the Superior courts had jurisdiction of appeals from juscices courts without any new legislation under the new constitution. Shay v. Superior Court, 57 Cal. 541, and Ex parte Toland, 54 Cal. 344.
And succeeded to jurisdiction of cases pending in County Court. Gurnee v. Superior Court, 58 Cal. 90. And to drawing jury list. People w. Gallagher, 55 Cal. 462. And to make an order carrying into execution a death warrant. People v. Colby, 54 Cal. 184.
SECTION 4. The superintendent of printing of the state of California shall, at least thirty days before the first Wednesday in May, A, D, eighteen hundred and seventy-nine, cause to be printed at the state printing office, in pamphlet form, simply stitched, as many copies of this constitution as there are registered voters in this state, and mail one copy thereof to the postoffice address of each registered voter; provided, any copies not called for ten days after reaching their de. livery office, shall be subject to general distribution by the several postmasters of the state. The governor shall issue his proclamation, giving notice of the election for the adoption or rejection of this constitution, at least thirty days before the said first Wednesday of May, eighteen hundred and seventynine, and the boards of supervisors of the several counties shall cause said proclamation to be made public in their respective counties, and general notice of said election to be given at least fifteen days next before said election.
SECTION 5. The superintendent of printing of the state of California shall, at least twenty days before said election, cause to be printed and delivered to the clerk of each county in this state five times the number of properly prepared ballots for said election that there are voters in said respective counties, with the words printed thereon: "For the new constitu
He shall likewise cause to be so printed and delivered to said clerks tive times the number of properly prepa red bal. lots for said election that there are voters in said respective counties, with the words printed thereon: “Against the new constitution.” The secretary of state is hereby authorized and required to furnish the superintenderit of state printing a sufficient quantity of legal ballot paper, uow on hand, to carry out the provisions of this section.
SECTION 6. The clerks of the several counties in the state shall, at least five days before said election, cause to be deliv. ered to the inspectors of elections, at each election precinct or polling place in their respective counties, suitable registers, poll-books, forms of return, and an equal number of the aforesaid ballots, which number, in the aggregate, must be ten times greater than the number of voters in the sai i election precincts or polling places. The returns of the number of votes cast at the presidential election iu the year eighteen hundred and seventy-six shall serve as a basis of calculation for this and the preceding section: provided, that the duties in this and the preceding section imposed upon the clerk of the respective couuties shall, in the city and county of San Francisco, be performed by the registrar of voters for said city and county.
SECTION 7. Every citizen of the United States, entitled by law to vote for members of the assembly in this state, shall be entitled to vote for the adoption or rejection of this constitution.
Const. 1849, Schedule, Sec. 5.
SECTION 8. The officers of the several counties of this state whose duty it is, under the law, to receive and canyass the returns from the several precincts of their respective counties, as well as of the city and county of San Francisco, shall meet at the usual places of meeting for such purposes, on the first Mon. day after said election. If, at the time of meeting, the returns from each precinct in the county in which the polls were opened have been received, the board must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from time to time until all the returns are received, or until the second Monday after said election, when they shall proceed to make out returps of the votes cast for and against the uew constitution; and the proceedings of said boards shall be the same as tbuse prescribed for like boards in the case of an election for governor. Upon the completion of said canvass and returns, the said board shall immediately certify the same, in the usual form, to the governor of the state of California.
SECTION 9. The governor of the state of California shall, as soou as the returns of said election shall be received by him, or within thirty days after said election, in the presence and with the assistance of the controller, treasurer and secretary of state, open and compute all the returns received of votes cast for and against the new constitution. If, by such examination and computation, it is ascertained that a majority of the whole number of votes cast at such electiou is in favor of such new constitution, the executive of this state shall, by his proclamation, declare such new coustitution to be the constitution of the state of California, and that it shall take effect and be in force ou the days hereinafter specified.
Const. 1849, Schedule, Sec. 6.
SECTION 10. In order that future elections in this state shall conform to the requirements of this coustitution, the terms of all officers elected at the first election under the same shall be, respectively, one year shorter than the terms as fixed by law or by this constitution; and the successors of all such officers