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"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of according to the best of my ability."

And no other oath, declaration, or test shall be required as a qualification for any office or public trust.

and town

SEC. 4. The Legislature shall establish a system of County county and town governments, which shall be as nearly governuniform as practicable throughout the State.



SEC. 5. The Legislature shall have power to provide County for the election of a Board of Supervisors in each county, visors. and these Supervisors shall jointly and individually perform such duties as may be prescribed by law.

SEC. 6. All officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.

Election or ment of



of office.

SEC. 7. When the duration of any office is not provided Duration for by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment; nor shall the duration of any office not fixed by this Constitution ever exceed four years.

SEC. 8. The fiscal year shall commence on the first Fiscal year day of July.

of county

and town


SEC. 9. Each county, town, city, and incorporated Support village shall make provision for the support of its own officers, subject to such restrictions and regulations as the Legislature may prescribe.

SEC. 10. The credit of the State shall not in any manner be given or loaned to or in aid of any individual, association, or corporation; nor shall the State, directly or indirectly, become a stockholder in any association or corporation.

72-vol. ii.

Credit of

the State

not to be

given or



against the State.



Separate property of wife.




Suffrage, jury, and


SEC. 11. Suits may be brought against the State in such manner and in such Courts as shall be directed by law.

SEC. 12. No contract of marriage, otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.

SEC. 13. Taxation shall be equal and uniform throughout the State. All property in the State shall be taxed in proportion to its value, to be ascertained as directed by law; but Assessors and Collectors of town, county, and State taxes shall be elected by the qualified electors of the district, county, or town in which the property taxed for State, county, or town purposes is situated.

SEC. 14. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well. to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

SEC. 15. The Legislature shall protect by law from forced sale a certain portion of the homestead and other property of all heads of families.

SEC. 16. No perpetuities shall be allowed except for eleemosynary purposes.

SEC. 17. Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given or offered a bribe to procure his election or appointment.

SEC. 18. Laws shall be made to exclude from office, ballot box serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence

thereon from power, bribery, tumult, or other improper practice.

SEC. 19. Absence from this State on business of the Residence. State or of the United States shall not affect the question of residence of any person.


SEC. 20. A plurality of the votes given at any election Plurality shall constitute a choice, where not otherwise directed in this Constitution.

tion of

SEC. 21. All laws, decrees, regulations, and provisions Publicawhich from their nature require publication shall be pub- laws, etc. lished in English and Spanish.



SECTION 1. Boundary of the State defined.

SECTION 1. The boundary of the State of California Boundary shall be as follows:

Commencing at the point of intersection of fortysecond degree of north latitude with the one hundred twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a straight line in a southeasterly direction to the River Colorado, at a point where it intersects the thirty-fifth degree of north latitude; thence down the middle of the channel of said river to the boundary line between the United States and Mexico, as established by the treaty of May thirtieth, one thousand eight hundred and fortyeight; thence, running west and along said boundary line, to the Pacific Ocean, and extending therein three English miles; thence, running in a northwesterly direction and following the direction of the Pacific Coast, to the forty-second degree of north latitude; thence, on the line of said forty-second degree of north latitude, to the place of beginning. Also, all the islands, harbors, and bays along and adjacent to the coast.

of the State defined.


Mexican laws in force.

Removal of causes.

Change of Government.


necessary to hold offico.

SECTION 1. Mexican laws in force.
2. Removal of causes.

3. Change of Government.

4. Residence necessary to hold office.

5. Who are voters at the first election.

6. Constitution to be submitted to vote of the people. Elec

tion, returns, canvass, and proclamation.

7. Transmission to Congress..

8. Election of officers.

9. Meeting of Legislature.

10. Report of canvassers.

11. Election by Legislature of United States Senator.

12. Application for admission into the Union.

13. Installation of officers.

14. Apportionment of representation.

15. Salaries of State officers till fixed.

16. Eighth Article does not apply to expenditures of the first Legislature.

SECTION 1. All rights, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this Constitution and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted.

SEC. 2. The Legislature shall provide for the removal of all causes which may be pending when this Constitution goes into effect to Courts created by the same.

SEC. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no office shall be superseded thereby nor the laws relative to the duties of the several officers be changed until the entering into office of the new officers to be appointed under this Constitution.

SEC. 4. The provisions of this Constitution concerning the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to

apply to officers chosen by the people at the first election, or by the Legislature at its first session.

the first

SEC. 5. Every citizen of California declared a legal Voters at voter by this Constitution, and every citizen of the election. United States a resident of this State on the day of election, shall be entitled to vote at the first general election under this Constitution, and on the question of the adoption thereof.


tion to be


SEC. 6. This Constitution shall be submitted to the people for their ratification or rejection at the general election to be held on Tuesday, the thirteenth day of November next. The Executive of the existing Government of California is hereby requested to issue a proclamation to the people, directing the Prefects of the several districts, or, in case of vacancy, the Sub-Prefects or Senior Judge of First Instance, to cause such election to be held on the day aforesaid in their respective districts. The election shall be conducted in the manner which was Election. prescribed for the election of Delegates to this Convention, except that the Prefects, Sub-Prefects, 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 vote 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 elec- Returns. tion the Judges and Inspectors shall carefully count each ballot, and forthwith make duplicate returns thereof to the Prefect, Sub-Prefect, or Senior Judge of First In

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