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tricts, or, in case of vacancy, the sub-Prefects or Senior Judge of First Instance, to cause such election to be held, the day aforesaid, in the respective districts. The election shall be conducted in the manner which was prescribed for the election of Delegates to this Convention, except that the Prefect, sub-Prefect, or Senior Judge of First Instance, ordering such election in each district, shall have power to designate any additional number of places for opening the polls, and that, in every place of holding the election, a regular poll-list shall be kept by the Judges and Inspectors of Election. It shall also be the duty of these Judges and Inspectors of Election, on the day aforesaid, to receive the votes of the electors qualified to vote at such election. Each voter shall express his opinion, by depositing in the ballot-box a ticket, whereon shall be written or printed, "For the Constitution," or "Against the Constitution," or some such words as will distinctly convey the intention of the voter. These Judges and Inspectors shall also receive the votes for the several officers to be voted for at the said election as herein provided. At the close of the election, the Judges and Inspectors shall carefully count each ballot, and forthwith make duplicate returns thereof to the Prefect, subPrefect, or Senior Judge of First Instance, as the case may be, of their respective districts; and said Prefect, sub-Prefect, or Senior Judge of First Instance, shall transmit one of the same, by the most safe and rapid conveyance, to the Secretary of State. Upon the receipt of said returns, or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of a Board of Canvassers, to consist of the Secretary of State, one of the Judges of the Superior Court, the Prefect, Judge of First Instance, and an Alcalde of the District of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And the Executive will also, immediately after ascertaining that the Constitution has been ratified by the people, make proclamation of the fact; and thenceforth this Constitution shall be ordained and established as the Constitution of California.

Transmission to Congress.

SEC. 7. If this Constitution shall be ratified by the people of California, the Executive of the existing government is hereby requested, immediately after the same shall be ascertained, in the manner herein directed, to cause a fair copy thereof to be forwarded to the

President of the United States, in order that he may lay it before the Congress of the United States.

Election of officers.

SEC. 8. At the general election aforesaid, viz., the thirteenth day of November next, there shall be elected a Governor, LieutenantGovernor, members of the Legislature, and also two members of Congress.

Meeting of Legislature.

SEC. 9. If this Constitution shall be ratified by the people of California, the Legislature shall assemble at the seat of government on the fifteenth day of December next; and, in order to complete the organization of that body, the Senate shall elect a President pro tempore, until the Lieutenant-Governor shall be installed into office.

Report of Canvassers.

SEC. 10. On the organization of the Legislature, it shall be the duty of the Secretary of State to lay before each House a copy of the abstract made by the Board of Canvassers, and, if called for, the original returns of election, in order that each House may judge of the correctness of the report of said Board of Canvassers.

Legislative elections-United States Senators.

SEC. 11. The Legislature, at its first session, shall elect such officers as may be ordered by this Constitution to be elected by that body, and, within four days after its organization, proceed to elect two Senators to the Congress of the United States. But no law passed by this Legislature shall take effect until signed by the Governor after his installation into office.

Application for admission into the Union.

SEC. 12. The Senators and Representatives to the Congress of the United States elected by the Legislature and people of California, as herein directed, shall be furnished with certified copies of this Constitution, when ratified, which they shall lay before the Congress of the United States, requesting, in the name of the people of California, the admission of the State of California into the American Union.

Installation of officers.

SEC. 13. All officers of this State, other than members of the Leg

islature, shall be installed into office on the fifteenth day of December next, or as soon thereafter as practicable.

Appointment of legislators.

SEC. 14. Until the Legislature shall divide the State into counties, and senatorial and assembly districts, as directed by this Constitution, the following shall be the apportionment of the two Houses of the Legislature, viz.: The Districts of San Diego and Los Angeles shall jointly elect two Senators; the Districts of Santa Barbara and San Luis Obispo shall jointly elect one Senator; the District of Monterey, one Senator; the District of San José, one Senator; the District of San Francisco, two Senators; the District of Sonoma, one Senator; the District of Sacramento, four Senators; and the District of San Joaquin, four Senators. And the District of San Diego shall elect one member of Assembly; the District of Los Angeles, two members of Assembly; the District of Santa Barbara, two members of Assembly; the District of San Luis Obispo, one member of Assembly; the District of Monterey, two members of Assembly; the District of San José, three members of Assembly; the District of San Francisco, five members of Assembly; the District of Sonoma, two members of Assembly; the District of Sacramento, nine members of Assembly; and the District of San Joaquin, nine members of Assembly.


SEC. 15. Until the Legislature shall otherwise direct, in accordance with the provisions of this Constitution, the salary of the Governor shall be ten thousand dollars per annum; and the salary of the Lieutenant-Governor shall be double the pay of a State Senator; and the pay of members of the Legislature shall be sixteen dollars per diem, while in attendance, and sixteen dollars for every twenty miles' travel, by the usual route, from their residences to the place of holding the session of the Legislature, and in returning therefrom. And the Legislature shall fix the salaries of all officers, other than those elected by the people at the first election.

State expenditures.

SEC. 16. The limitation of the powers of the Legislature contained in article eight of this Constitution shall not extend to the first Legislature elected under the same, which is hereby authorized to nego

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President of the Convention, and Delegate from Benicia.

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CHAPTER DXXXII.-An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto.

[Approved May 20, 1861.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:




SECTION 1. Any number of persons, not less than ten, Formation of either in this State, or through any portion of the Territories of the United States, contiguous to this State, being subscribers to the stock of any contemplated railroad, may be formed into a corporation for the purpose of constructing, owning, and maintaining such railroad, by complying with the following requirements: Whenever stock to the amount stock one of at least one thousand dollars for each and every mile of dollars per the proposed railroad shall have been so subscribed, and ten per cent. in cash of the amount so required to be subscribed Ten per shall be actually and in good faith paid to a Treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person or by written proxy, after having received at least five days' notice Notice of from said Treasurer of a meeting of said subscribers for that purpose, may adopt articles of association, and may elect Elect from among the subscribers to said articles not less than five nor more than thirteen directors.

cent. paid.





SEC. 2. The said articles of association shall set forth the Articles of name of the incorporation, the number of years the same is to continue in existence, which shall not exceed fifty years, Form of. the amount of the capital stock of the company, which shall Amount of be divided into shares of one hundred dollars each, and which shall be the actual contemplated cost of constructing Number of the road, together with the cost of the right of way, motive power, and every other appurtenance and thing for the completion and running of said road, as nearly as can be esti


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