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 Code of Civil Procedure. 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 execution 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 Superior Courts. Ex parte Flood, 64 Cal. 251.

This section is referred to in dissenting opinion of Thornton, J., in Cummings v. Conlan, 66 Cal. 406, as to settlement of statement on motion for new trial. That the word

"found" in connection with information 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 justices 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 v. Gallagher, 55 Cal. 462. And to make an order carrying into execution a death warrant. People v. Colby, 54 Cal. 184.

Justices courts are a part of the judicial system of the state. Those courts were not abolished by the constitution of 1879, but were retained subject to future legislation. As to terms of office in municipalities and in townships. See Kahn v. Sutro, 114 Cal. 318.

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 delivery 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 seventy-nine, 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 constitution. He shall likewise cause to be so printed and delivered to said clerks five times the number of properly prepared ballots 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 superintendent of state printing a sufficient quantity of legal ballot paper, now 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 delivered to the inspectors of elections, at each election precinct or polling place in their respective counties, suitable registers, pollbooks, 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 said election precincts or polling places. The returns of the number of votes cast at the presidential election in 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 counties 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 canvass 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 Monday 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 returns of the votes cast for and against the new constitution; and the proceedings of said boards shall be the same as those 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 certifiy 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 soon 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 controlller, 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 election is in favor of such new constitution, the executive of this state shall, by his proclamation, declare such new con

stitution to be the constitution of the state of California, and that it shall take effect and be in force on 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 constitution, 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 shall be elected at the last election before the expiration of the terms as in this section provided. The first officers chosen after the adoption of this constitution, shall be elected at the time and in the manner now provided by law. Judicial officers and the superintendent of public instruction shall be elected at the time and in the manner that state officers are elected.

A police judge is a judicial officer, but he is also a municipal officer, and is not included in this section. People v. Henry, 62 Cal. 557.

Justices of the peace are judicial officers, and to be elected in 1879, and afterwards in even numbered years, as provided in section 20, article XX. People v. Ransom, 58 Cal. 560. See also McGrew v. Mayor, etc., 55 Cal.

611.

The municipal officers other than judicial, of the city and county of San Francisco, were to be elected as provided in the consolidation act of 1866, as amended by act of March 30, 1872 [Stats. p. 729], and are not among the officers included in section 20, article XX, of this constitution. [Sections 5, 7, 8, article XI.] Desmond v. Dunn, 55 Cal. 242. A school director was not to be elected in said city in