Art. Sec. Office, member of Legislature not to be appointed to any civil office of person holding lucrative office under the United States, etc., person convicted of embezzlement, etc., to be ineligible to..... oath of......... duration of......... person convicted of giving or offering bribe, disqualified from crimes Officers, who impeachable....... how tried for misdemeanors... certain, not to receive fees for official duties................................................. ............ to be supported by county, city, town, etc.... 11 existing, when superseded...... Schedule terms of certain, not affected by certain amendments to Con- Powers of Government, distribution of....... President of Senate, to perform duties of Governor in certain contingency Process, style of..... Prosecutions, existing, not affected.... Salaries, of Governor and Lieutenant Governor.......... pay of members of the Legislature....... Schools, fund for support of........ provision to be made for system of common. Property, private, not to be taken for public use, without just compensation....... Punishment, cruel or unusual, forbidden....................................................... ..................... not to render witness incompetent............ .......... Representation, to be apportioned according to population... absence from State on business of State, not to affect..... Rights, natural....... enumeration of, not to impair others retained......... of certain officers, to be fixed by Legislature............Schedule 20 3 7 17 Scientific improvement, to be encouraged............ Searches, etc., security against, provided for.......... warrant for, when to issue........................................................................................................... Seat of Government, where located....... Secretary of State, liable to impeachment........ how chosen, term and eligibility... appointed by the Governor, by and with the advice, etc., of Secretary of State, duties of...... compensation of, not to be increased or diminished, etc... Senators, to be qualified electors.......... chosen for two years....... must be citizen of the State one year, and of the district six Art. Sec. Senators (continued) number of.. to be divided by lot into two classes............. one half chosen annually........... the two classes to be kept as nearly equal as possible.. to try all impeachments.... number of.......... districts, how formed.......... in Congress, when first to be elected... ..Schedule to be furnished with copies of the Constitution........Schedule Sheriff, election of, to be provided for..... Stavery, forbidden-exception. Spanish language, laws, etc., to be published in..... Speech, liberty of, secured..... Suffrage, free, to be supported by law......... right of, who entitled to... persons convicted of certain crimes disqualified from...... Suits against State, how brought............ Superintendent of Public Instruction, election, term, duties, and com pensation Supervisors, Board of, may be created. duties, to be prescribed by law. Supreme Court, Justices of, liable to impeachment........................ how composed........... quorum, for business.. Justices, how and when elected...... same, term of office........ same, to be classified...... same, senior to be Chief Justice ........... shall be conservators of the peace. Clerk of, election of........ time and place of holding, to be provided for............ compensation of Justices not to be increased or diminished, Justices ineligible to other office during term for which elected Taxation, to be equal and uniform........ on property, to be according to value.... Town Governments, to be established as nearly uniform as possible throughout the State........ Treasurer of State, liable to impeachment... how chosen, term, and eligibility.. how chosen and elected...... ............................ compensation of, not to be increased or diminished during term Treasury, no money to be drawn from, but by appropriations...... members of Legislature to be paid out of....................... Trial, rights of accused..... no person to be twice tried for the same offense.......... nor deprived of life, liberty, etc., without due process of law University, fund for support of......... Voter, qualifications of......... residence of, what not to affect..... who not entitled to be.......... in all elections by Legislature, vote to be viva voce and en- person convicted of certain crimes disqualified as............. Veto, of Governor. Witness, not to be unreasonably detained........ 10 Yeas and Nays, when to be entered on journal...................... 74-vol. ii. PART V.-POLITICAL CODE. OF THE DEFINITION AND SOURCES OF LAW-EFFECT NOTE.-The subjects embraced within this Part will TITLE I. DEFINITION AND SOURCES, OF THE LAW. III. PUBLICATION OF THE CODES AND STATUTES CONTINUED IN FORCE. IV. EXPRESS REPEAL OF STATUTES. TITLE I. DEFINITION AND SOURCES OF THE LAW. SECTION 4466. Definition of law. 4467. How expressed. 4468. Common law, when rule of decision. 4466. Law is a solemn expression of the will of Definition the supreme power of the State. of law. 4467. The will of the supreme power is expressed: How 1. By the Constitution; 2. By statutes. 4468. The common law of England, so far as it is not repugnant to or inconsistant with the Constitution of the United States, or the Constitution or laws of this expressed. Common rule of law, when decision. State, is the rule of decision in all the Courts of this State. Construc tion of the relation to the laws passed at the present TITLE II. EFFECT OF THE CODES. SECTION 4478. Construction of the Codes with relation to the laws passed at the present session. 4479. Laws passed at present session prevail. 4480. Construction of Codes with relation to each other. 4481. Conflicts between Titles, which to prevail. 4482. Conflicts between Chapters, which to prevail. 4483. Conflicts between Articles, which to prevail. 4484. Conflicting sections of the same Title, which to prevail. 4478. With relation to the laws passed at the Codes with present session of the Legislature, the Political Code, Civil Code, Code of Civil Procedure, and Penal Code, must be construed as though each had been passed on the first day of the present session. session. Laws passed at present session prevail. Construction of Codes with relation to each other. Conflicts between Titles, which to prevail. 4479. If the provisions of any law passed at the present session of the Legislature contravene, or are inconsistent with, the provisions of either of the four Codes, the provisions of such law must prevail. NOTE. This section is but another form of stating the proposition contained in the preceding one. It is placed here, not because it is necessary, but to convey to the layman the idea what the preceding section conveys to the professional reader. 4480. With relation to each other, the provisions of the four Codes must be construed (except as in the next two sections provided) as though all of such Codes had been passed at the same moment of time and were parts of the same statute. 4481. If the provisions of any Title conflict with or contravene the provisions of another Title, the provisions of each Title must prevail as to all matters and |
