TABLE OF CONTENTS

OF-

CONSTITUTION OF CALIFORNIA 1849.

PREAMBLE.

ARTICLE I.

DECLARATION OF RIGHTS.

SEC. 1. Inalienable rights.

2. Popul r government.

3.

Jury trial.

4. Religious worship and liberty of conscience.

5. Habeas corpus.

6. Excessive bail, fines and punishments.

7. All offenses bailable-one exception.

8. Personal rights and rights of property.

9. Liberty of speech and press.

10. Right of assemblage.

11. Uniformity of general laws.

12. The military.

SEC. 1. Three departments-legislative, executive and judi-

5. Election and term of senators.

6. Number and classes of senators.

7. Increase and apportionment of senators.
8. Organization of houses.

9. Quorum-number necessary.
10. Rules of government.
11. Journals of legislature.
12. Privileges of members.

13. Vacancies, how filled.

14. Open doors and secret sessions.
15. Adjournments.

16. Origin and passage of bills.

17. Approval and vetoes of governor.

18. Impeachments.

19. What officers liable to impeachment.

20. Legislator ineligible to office created during his term.

21. Ineligibility because of holding lucrative office.

22. Embezzlement and defalcations-penalty for.

23. Appropriations necessary in order to draw public
moneys.

24. Compensation of members not to be increased.
25. Title of laws amendment and revision.

26.

Divorce not to be granted.

27. Lotteries prohibited.

28. Census, when and how taken.

29. Apportionment of legislators.

30. Congressional and legislative districts.

31. Corporations to be formed under general laws.

32. Stockholders individually 1 able.

33. Powers and duties of corporations.

34. Banks of deposit.

35. Issuing of money prohibited.

36. Individual liability of corporators.

37. Municipal corporations.

38. Viva voce elections in legislature.

39.

Incumbents not affected by amendment of 1862.

ARTICLE V.

EXECUTIVE DEPARTMENT.

SEC. 1. Governor invested with executive power.
2. Election and term of office of governor.
3. Qualifications for office.

4. Return and count of votes for governor.
Commander in chief of militia.

5.

6.

7

Governor to transact all executive business.
To see that laws are faithfully executed.
8. To fill certain vacancies.

SEC. 9. May convene the legislature.

10. Executive messages.

11. To adjourn legislature in cases of disagreement.

12. Governor not to hold other office.

13. Reprieves and pardons.

14. Keeper of great seal of state.

15. To sign and seal grants and commissions.

16. The lieutenant governor.

17. When duties of governor devolve upon.

18. State officers, election and terms of.

19.

Secretary of state, duties of.

20. Election of state officers.

21. Compensation not to be increased or diminished.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SEC. 1. Judicial powers, where vested.

2. Supreme Court, how constituted.

3. Election of justices of Supreme Court.

4. Jurisdiction of Supreme Court.

5.

6.

District judges-terms-absence.

District courts, jurisdiction of.

7. County courts, judges, terms and powers.
8. Jurisdiction of county courts.

9. Justices of the peace, jurisdiction, etc.
10. Recorders and other inferior courts.
11. Clerks of courts, powers and duties.

12. Terms of courts, how fixed.

13. Fees and perquisites of judicial officers.

14. Decisions of Supreme Court to be published.
15. Salaries of judicial officers, how fixed.

16. Judges ineligible to other offices.

17. Charging juries.

18. Style of process.

19. Incumbency not affected by amendment of 1862.

SEC. 1. Legislature restricted as to amount to be contracted.

ARTICLE IX.

EDUCATION.

SEC. 1. Superintendent of public instruction.

2. To be promoted-proceeds of lands to be devoted to.

3. A system of common schools to be provided.

4. Fund for university.

ARTICLE X.

AMENDING AND REVISING CONSTITUTION.

SEC. 1. Amendments, how proposed and submitted. 2. How constitutional convention called.

ARTICLE XI.

MISCELLANEOUS PROVISIONS.

SEC. 1. Seat of government.

2. Dueling-penalty.

3.

Oath of office.

4.

5.

Uniform system of town and county government.
Boards of supervisors.

6. Election or appointment of officers not otherwise
provided for.

7. Duration of office.

8. Fiscal year.

9. Support of county and inferior officers.

10.

11.

State's credit not to be given or loaned.
Suits against the state.

12. Marriage contracts.

13. Taxation to be equal and uniform.

14. Husband and wife, separate property of.
15. Homesteads of heads of families.

Perpetuities forbidden.

16.

17.

Bribery disqualifies for office.

18. Exclusion from right of suffrage and from juries.
19. Residence, as affecting suffrage.

20. Plurality of votes elects.

21. Laws, etc., to be in English.

SCHEDULE.

SEC. 1. Mexican law in force.

2. Removal of causes.

3. Change of government.

4. Qualifications to hold office.

5.

Who can vote at first election.

6. Constitution, how submitted and ratified.

7. Transmission to congress.

8. Election of officers.

9. Meeting of legislature.

10. Canvass of election to be submitted to legislature.

11. U. S. senator, election of.

12. Application for admission into the Union.

13. Installing officers elected.

14. Apportionment for representation.

15. Salaries of state officers, how fixed.

16. Article VIII does not apply to first legislature.

Arroya D. & W. Co. v. Superior Court..

Ashley v. Olmstead

Bailey v. Cox

401

537

.531, 535

537

.563, 565

563

208

397, 573

359

211

302

350

505

211, 359

381

.210, 212, 227

510

356

356

419

448

423, 438

Bank British N. A. v. Alaska Imp. Co.

Bank British N. A. v. Madison.

Bank of Merced v. Rosenthal..

Banks v. Moreno..

Barnhart v. Fulkerth

Barton v. Kalloch,

.125, 183, 198, 226, 244, 265, 364, 435, 438