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power to issue naturalization papers. In the City and County of San Francisco the Legislature may separate the office of Probate Judge from that of County Judge, and may provide for the election of a Probate Judge, who shall hold his office for the term of four years. (Amendment, proposed 1861; ratified 3d September, 1862.)

Jurisdiction of County Courts.

SEC. 8. The County Courts shall have original jurisdiction of actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, and of all such special cases and proceedings as are not otherwise provided for; and also such criminal jurisdiction as the Legislature may prescribe; they shall also have appellate jurisdiction in all cases arising in Courts held by Justices of the Peace and Recorders, and in such inferior Courts as may be established, in pursuance of section one of this article, in their respective counties. The County Judges shall also hold in their several counties Probate Courts, and perform such duties as Probate Judges as may be prescribed by law. The County Courts and their Judges shall also have power to issue writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. (Amendment, proposed 1861; ratified 3d September, 1862.)

a. In regard to this section, it is to be noted that the clause relating to naturalization papers was not a part of the section as proposed by the Legislature of 1861 (see 1861, 664). It will further be noted that the clause relating to the Probate Judgeship in the City and County of San Francisco, formed a part of the eighth section and not of the seventh in the amendments proposed in 1861. The Legislature of 1862 (see 1862, 584) changed and declared adopted the amendments as above given in the text. It will, however, be further noted that the amendments in regard to the judicial department are to the entire article six, and not to the separate sections.

b. The term “special cases” does not include any class of cases for which Courts of general jurisdiction have always supplied a remedy; it must be confined to such new cases as are the creation of statutes. (Parsons vs. Tuolumne County Water Company, 5 Cal. 43.)

Held, under the original section, that Justices of the Peace were not to be regarded as supernumeraries to the Court of Sessions, but necessary officers, who had to begin with and continue through a trial. (People vs. Ah Chung, 5 Cal. 103.)

Held, under the ninth section of the original article, that the County Court had no jurisdiction to enforce a mechanic's lien where the amount in controversy exceeded two hundred dollars. (Brock vs. Bruce, 5 Cal. 279.)

The Constitution cannot be construed to confer exclusive original jurisdiction in all special cases upon County Courts. Justices' Courts have jurisdiction in cases of forcible entry. (O'Callaghan vs. Booth, 6 Cal. 63; Small vs. Gwinn, 6 Cal. 447.)

Insolvency cases are “special cases;” and it was an exercise of legitimate power in the Legislature to confer jurisdiction in such cases upon both County and District Courts. (Harper vs. Freelon, 6 Cal. 76.)

The grant of authority to County Judges to award injunctions in cases brought in District Courts is not trenching upon the limits of jurisdiction of any of the Courts; it is a mere power to issue process auxiliary to the proper jurisdiction of the District Courts. (Thompson vs. Williams, 6 Cal. 88.)

The Act of March 27, 1850, conferring upon the County Court the power of incorporating towns, was unconstitutional. Legislative functions cannot be exercised by the judiciary. (People vs. Nevada, 6 Cal. 143.)

Under the Act to re-organize San Mateo County (1857, 222) an election was held, and Fox was elected County Judge. There was no proclamation of the Governor for the election. At the general election in 1858 an election was held pursuant to proclamation, and Templeton was

Justices of the Peace-Proviso.

SEC. 9. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State, and fix by law their powers, duties, and responsibilities; provided, such powers shall not in any case trench upon the jurisdiction of the several Courts of record. The Supreme Court, the District Courts, County Courts, the Probate Courts, and such other Courts as the Legislature shall prescribe, shall be Courts of record. (Amendment, proposed 1861; ratified 3d September, 1862.)

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elected to the same office: Held, that Fox was entitled to the office for a term of four years, commencing from the time of his assumption of the office. (Fox vs. Templeton, 12 Cal. 394.)

The Act giving jurisdiction over the subject of contested elections to the County Judge is constitutional; it is one of the “special cases" provided for. (Saunders vs. Haynes, 13 Cal. 145.)

The County Judge may grant an injunction in cases in the District Courts, but he cannot appoint a receiver; at least not as a thing distinct from the injunction. (Ruthrauff vs. Kresz, 13 Cal. 639.)

The Legislature may fix the commencement of the term and also the time of election of a County Judge, but an Act limiting the term to anything less than four years is void pro tanto. (Westbrook vs. Rosborough, 14 Cal. 180.)

Where an incumbent resigns before the expiration of his term, there is a vacancy to be filled by the Governor; and his appointees hold until the next general election, and until his successor qualifies. (Id.)

An election to fill such a vacancy is a special election, and the Governor's proclamation is essential to its validity. (Id.)

The statute giving to County Courts jurisdiction in proceedings by mandamus is not unconstitutional. (Jacks vs. Day, 15 Cal. 91.)

The proceedings before the corporate authorities of the town, or the County Court, provided for by the Act of January 24, 1860, regulating the mode of settling claims to lots in town sites situated on public lands in Humboldt County, is a “special case within the meaning of the Constitution. (Ricks vs. Reed, 19 Cal. 551.)

A proceeding to enforce a mechanic's lien under the mechanics’ lien law of 1861 is a "special case" of which the Legislature might properly give jurisdiction to the County Court under the Constitution. (McNiel vs. Borland, 23 Cal. 144.)

The statutory proceeding for contesting an election, as provided for in the Act of 1850, was a “special case." (Dorsey vs. Barry, 24 Cal. 449.)

The grant to the County Court of jurisdiction to prevent or abate nuisances, does not deprive the District Courts of concurrent jurisdiction under their equity powers. (Courtwright vs. Bear River and Auburn W. and M. Co., 30 Cal. 573.)

The Constitution does not confer on the Probate Court jurisdiction of all matters relating to the estates of deceased persons, but of such matters only as the statute directs it to exercise jurisdiction over. (Bush vs. Lindsey, 44 Cal. 121.)

The Constitution has left to the Legislature to determine whether jurisdiction over any special case shall be vested in the County Court or some other Court. (Matter of Marks, 45 Cal. 199.)

Writs of mandate are not "special cases" within the meaning of the Constitution. (People vs. Kern County, 45 Cal. 679.)

An Act attempting to confer power on the County Court to issue writs of mandate is unconstitutional. (People vs. Kern County, 45 Cal. 679.)

Proceedings for the condemnation of water to supply cities with pure water, and the right of way to conduct it, are “special cases." (Spencer Creek Water Co. vs. Vallejo, 48 Cal. 70.)

The Legislature cannot confer jurisdiction of “special cases upon the County Judge, but only upon one of the Courts mentioned in the Constitution. (Spencer Creek Water Co. vs. Vallejo, 48 Cal. 70.)

a. The jurisdiction of Justices of the Peace is limited to cases in which the value of the thing in controversy does not exceed the sum specified, except in proceedings under the statute concerning forcible entry. When the thing in dispute, though a mining claim, is worth more than that sum, the Justice has no jurisdiction. (Freeman vs. Powers, 7 Cal. 104.)

Under the ninth section of the original article: Held, that the County Court had the sole appellate jurisdiction in all cases, civil and criminal, arising in Justices' Courts; and that the Court of Sessions had no appellate jurisdiction. (People vs. Fowler, 9 Cal. 85.)

The Act of April 27, 1863, "concerning the unlawful holding over of lands, tenements, and other possessions," and attempting to vest jurisdiction of holding-over cases in Justices of the Peace, was unconstitutional. (Caulfield vs. Stevens, 28 Cal. 118.)

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Jurisdiction of Recorders' and other inferior Municipal Courts.

SEC. 10. The Legislature shall fix by law the jurisdiction of any Recorder's or other inferior Municipal Court which may be established in pursuance of section one of this article, and shall fix by law the powers, duties and responsibilities of the Judges thereof. (Amendment, proposed 1861 ; ratified 30 September, 1862.)

Clerk of Supreme Court-County officers.

SEC. 11. The Legislature shall provide for the election of a Clerk of the Supreme Court, County Clerks, District Attorneys, Sheriffs, and other necessary officers, and shall fix, by law, their duties and compensation. County Clerks shall be ex officio Clerks of the Courts of record in and for their respective counties." The Legislature may also provide for the appointment by the several District Courts of one or more Commissioners in the several counties of their respective districts, with authority to perform Chamber business of the Judges of the District Courts and County Courts, and also to take depositions, and to perform such other business connected with the administration of justice as may be prescribed by law. (Amendment, proposed 1861 ; ratified 3d September, 1862.)

Terms of Courts

Sec. 12. The times and places of holding the terms of the several Courts of record shall be provided for by law. (Amendment, proposed 1861; ratified 3d September, 1862.)

Fees and perquisites.

SEC. 13. No judicial officer, except Justices of the Peace, Recorders, and Commissioners, shall receive to his own use any fees or perquisites of office. (Amendment, proposed 1861 ; ratified 3d September, 1862.)

a. A County Clerk may issue process and attest proceedings of the Courts of which he is ex officio Clerk over his signature as County Clerk, and leave to the title of the proceedings or contents of the instruments the identification of the Courts to which they belong. (Touchard vs. Crow, 20 Cal. 150.)

b. Eleventh section of original article:

SEC. 11. No judicial officer, except a Justice of the Peace, shall receive to his own use any fees or perquisites of office.

Under the eleventh section of the original article: Held, that when the constitution exempted Justices of the Peace from the operation of the restraint in regard to fees and perquisites, it meant to exempt those also, by whatever name called, who were intrusted with the duties assigned to Justices, and that consequently the Recorder of the City of Sacramento was entitled to collect fees. (Curtis vs. Sacramento, 13 Cal. 290.)

c. The Constitution does not require that the District Courts shall be held at the county seats. (lpham vs. Sutter County, 8 Cal. 378.)

The Constitution does not prohibit the Legislature from authorizing a judgment to be entered in vacation. (People vs. Jones, 20 Cal. 50.)

d. Thirteenth section of original article:

SEC. 13. Tribunals for conciliation may be established, with such powers and duties as may be prescribed by law; but such tribunals shall have no power to render judgment to be obligaPublication of opinions of Supreme Court.

SEC. 14. The Legislature shall provide for the speedy publication of such opinions of the Supreme Court as it may deem expedient; and all opinions shall be free for publication by any person. (Amendment, proposed 1861; ratified 30 September, 1862.)

Compensation of Judges.

SEC. 15. The Justices of the Supreme Court, District Judges, and County Judges, shall severally, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished during the term for which they shall have been elected: provided, that County Judges shall be paid out of the county treasury of their respective counties.“ (Amendment, proposed 1861 ; ratified 3d September, 1862.)

Disabilities of Judges.

SEC. 16. The Justices of the Supreme Court, and the District Judges, and the County Judges, shall be ineligible to any other office than a judicial office during the term for which they shall have been elected. (Amendment, proposed 1861; ratified 3d September, 1862.)

Charge to juries.

Sec. 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. (Amendment, proposed 1861 ; ratified 3d September, 1862.)

Style of process.

Sec. 18. The style of all process shall be,“ The People of the State of California," and all prosecutions shall be conducted in their

tory on the parties, except they voluntarily submit their matters in difference, and agree to abide the judgment, or assent thereto in the presence of such tribunal, in such cases as shall be prescribed by law.

Since the occupation of California by the Americans, the Mexican proceeding of conciliation has been deemed a useless formality. (Von Schmidt vs. Huntington, 1 Cal. 55.)

a. The provisions respecting the salaries of District Judges do not exempt those officers from the necessity of an appropriation for that purpose by the Legislature. (Myers vs. English, 9 Cal. 341.)

b. The seventeenth section of the original article was in the same words.

The question of fraudulent intent is a question of fact; but where the law declares certain facts conclusive evidence of fraud, a verdict against such conclusion will be set aside. (Billings vs. Billings, 2 Cal. 107.)

It is error for a Court to charge a jury as to a question of fact or as to the weight of evidence. (Battersby vs. Abbot, 9 Cal. 565.)

This provision is violated whenever a Judge so instructs as to force the jury to a particular conclusion upon the whole or any part of a case, or to take away their exclusive right to weigh the evidence and determine the facts. And such an error would prima facie be sufficient cause for reversing a judgment; but no more importance is to be attached to an error of this kind than any other. (People vs. Ybarra, 17 Cal. 166.)

The right of a Judge to state the evidence includes the right to state that there is no evidence as to particular facts. (People vs. Dick, 34 Cal. 663.)

name and by their authority. (Amendment, proposed 1861; ratified 3d September, 1862.)

Effect of amendments.

SEC. 19. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said article six by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded thereby, nor shall the organization of the several Courts be changed thereby, until the election and qualification of the several officers provided for in said amendments. (Amendment, proposed 1861 ; ratified 3d September, 1862.)


MILITIA. Organization and discipline.

SECTION 1. The Legislature shall provide by law for organizing and disciplining the militia in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States.


SEC. 2. Officers of the militia shall be elected or appointed in such a manner as the Legislature shall from time to time direct, and shall be commissioned by the Governor.

Governor to call out.

Sec. 3. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions.



Restrictions on legislative power.


a. The jurisdiction of the old Courts continued unimpaired until the organization of the new Courts by which they were to be superseded. (Gilliss vs. Barnet, 38 Cal. 393.)

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