SECTION 18. Style of "Process." 19. Amendments to Article VI not to affect official incum bency. powers. SECTION 1. The judicial power of this State shall be Judicial vested in a Supreme Court, in District Courts, in County Courts, in Probate Courts, and in Justices of the Peace, and in such Recorders' and other inferior Courts as the Legislature may establish in any incorporated city or town. Court. SEC. 2. The Supreme Court shall consist of a Chief Supreme Justice and four Associate Justices. The presence of three Justices shall be necessary for the transaction of business, excepting such business as may be done at chambers, and the concurrence of three Justices shall be necessary to pronounce a judgment. SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the State at special elections to be provided by law, at which elections no officer other than judicial shall be elected, except a Superintendent of Public Instruction. The first election. for Justices of the Supreme Court shall be held in the year eighteen hundred and sixty-three. The Justices shall hold their offices for the term of ten years from the first day of January next after their election, except those elected at the first election, who, at their first meeting shall so classify themselves by lot that one Justice shall go out of office every two years. The Justice having the shortest term to serve shall be the Chief Justice. Election of Supreme Court Justices. tion of the Court. SEC. 4. The Supreme Court shall have appellate juris- Jurisdicdiction in all cases in equity; also in all cases at law Supremo which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars; also in all cases arising in the Probate Courts; and also in all criminal cases amounting to felony, on questions of law alone. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, Judicial Judges' terms. Absence. Jurisdic- and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any District Court, or any County Court in the State, or before any Judge of said Courts. SEC. 5. The State shall be divided, by the Legislature of eighteen hundred and sixty-three, into fourteen Judicial Districts, subject to such alteration, from time to time, by a two thirds vote of all the members elected to both Houses, as the public good may require; in each of which there shall be a District Court, and for each of which a District Judge shall be elected by the qualified electors of the district at the special Judicial elections to be held as provided for the election of Justices of the Supreme Court, by section three of this Article. The District Judges shall hold their offices for the term of six years from the first day of January next after their election. The Legislature shall have no power to grant leave of absence to a Judicial officer; and any such officer who shall absent himself from the State for upwards of thirty consecutive days shall be deemed to have for feited his office. SEC. 6. The District Courts shall have original jurisdiction in all cases in equity; also, in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars; and also in all criminal cases not otherwise provided for. The District Courts and their Judges shall have power to issue writs of habeas corpus, on petition by or on behalf of any person held in actual custody, in their respective districts. Courts. SEC. 7. There shall be in each of the organized coun- County ties of the State a County Court, for each of which a County Judge shall be elected by the qualified electors of the county, at the special judicial election to be held. as provided for the election of Justices of the Supreme Court by section three of this Article. The County Judges. Judges shall hold their offices for the term of four years from the first day of January next after their election. Said Courts shall also have 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. Terms and powers of Probate Judge of San Francisco. tion of Court. SEC. 8. The County Court shall have original juris- Jurisdic diction of actions of forcible entry and detainer, of pro- County ceedings 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 Court, 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. the Peace. SEC. 9. The Legislature shall determine the number Justices of 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 71-vol. ii. Jurisdiction of Recorders and other inferior municipal Courts. Clerks of Court Commissioners. Terms of the Courts. Fees of Judicial officers. Decisions of Supreme Court. Salaries of Judicial officers. other Courts as the Legislature shall prescribe, shall be Courts of record. 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. 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. SEC. 12. The times and places of holding the terms of the several Courts of record shall be provided for by law. 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. 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. 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. SEC. 16. The Justices of the Supreme Judges for other Court, and Ineligibility of 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. SEC. 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. offices. Charge of juries. Judges to "Process." SEC. 18. The style of all process shall be: "The Peo- Style of ple of the State of California," and all prosecutions shall be conducted in their name and by their authority. SEC. 19. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said Article VI, 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 amend ments. NOTE. Each section of this Article was amended in 1862, so as to read as now printed in the text. See Stats. 1862, p. 583, et seq. AmendArticle affect ments to VI not to official incum bency. ARTICLE VII. MILITIA. SECTION 1. Organization and disciplining of the militia. 2. Officers, how elected or appointed. 3. Governor to call out the militia. tion and SECTION 1. The Legislature shall provide by law for Organizaorganizing and disciplining the militia, in such manner discipline. 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 ap- Officers. pointed in such manner as the Legislature shall from time to time direct, and shall be commissioned by the Gov ernor. |