SEC. 8. The fiscal year shall commence on the first day of July. SEC. 9. Each county, town, city and incorporated 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.

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, if 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 this 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 afterwards 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, 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 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 shall constitute a choice, where not otherwise directed in this Constitution.

SEC. 21. All laws, decrees, regulations and provisions, which from their nature require publication, shall be published in English and Spanish.

ARTICLE XII.-BOUNDARY.

SECTION 1. The Boundary of the State of California shall be as follows: Commencing at the point of intersection of the 42d degree of north latitude with the 120th degree of longitude west from Greenwich, and running south on the line of said 120th degree of west longitude until it intersects the 39th degree of north latitude; thence running in a straight line in a south-easterly direction to the River Colorado, at a point where it intersects the 35th 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 30th, 1848; thence running west and along said boundary line to the Pacific Ocean, and extending therein three English miles; thence running in a north-westerly direction, and following the direction of the Pacific Coast to the 42d degree of north latitude; thence on the line of

said 42d degree of north latitude to the place of beginning. Also all the islands, harbors and bays, along and adjacent to the coast.

SCHEDULE.

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 offices 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.

SEC. 5. Every citizen of California, declared a legal voter by this Constitution, and every citizen of the 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.

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 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 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 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, Sub-Prefect 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.

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.

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

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.

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.

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.

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.

SEC. 13. All officers of this State, other than members of the Legislature, shall be installed into office on the fifteenth day of December next, or as soon thereafter as practicable.

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 the 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 the 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 re.

turning therefrom. And the Legislature shall fix the salaries of all officers other than those elected by the people at the first election.

SEC. 16. The limitation of the powers of the Legislature, contained in Article VIII, of this Constitution, shall not extend to the first Legislature elected under the same, which is hereby authorized to negotiate for such amount as may be necessary to pay the expenses of the State Government. R. SEMPLE,

Joseph Walkup.

Ferris Forman..

II.-EXECUTIVE AND STATE OFFICERS.*

Name.

John B. Weller.

Office.

Governor (a).

Residence. Salary. Term expires. .Sacramento. $6,000..Jan. 9, '60

Lieut.-Governor (b). Placer... .$12 per diem.

William C. Kibbe

John O'Meara

Surveyor-General (g)

• Sup't Pub. Inst'n (h). S. Francisco.

. 2,000..

3,500..

Qu'rterm'r- Gen'l (i). Sacramento. 2,000..May, '62

State Librarian, member Board Examiners, (9) Ex officio member Board Education and Reg

Land and Stamp Commissioner, State Prison Director and State Sealer of Weights and Measures.

(d) Ex officio member Board Land Commissioners

ister State Land Office.

(h) Ex officio member Board of Education.
(i) Ex officio Adjutant-General and member
Board Examiners War Claims.

and Board Examiners of War Claims, Li-() Secretary to Board of Examiners.

* For tenure, etc., of State Officers, see Constitution, page 72.

+ And fees.

III.-REPRESENTATIVES IN CONGRESS.

Thirty-Fifth Congress, commenced March 4, 1857, expires March 3, 1859. Second Session commences December 6, 1858, expires March 3, 1859.

Wm. M. Gwin.... ..San Francisco....Senator.....

Term Expires. .March 3, 1861

.March 3, 1863

.Representative ..March 3, 1859

IV. LEGISLATURE OF CALIFORNIA.*

Tenth Session commenced January 3, 1859.

1. SENATE.+-THIRTY-FIVE MEMBERS.

President....

President pro tem.

Secretary....

Assistant Secretary.

Enrolling Clerk..

Engrossing Clerk..

Sergeant-at-Arms..

Door-Keeper..

Reporter...

OFFICERS.

MEMBERS.

1st District-Los Angeles, San Bernardino and San Diego-Cameron E. Thom. (dem.,) term expires January, 1860.

2d District Santa Barbara and San Luis Obispo-Romualdo Pacheco, (dem.), term expires January, 1860.

3d District-Monterey and Santa Cruz-D. S. Gregory, (dem.), term expires

January, 1860.

4th District-Santa Clara and Alameda-R. A. Redman, (dem.), term exexpires January, 1861.

5th District-San Francisco and San Mateo-Gilbert A. Grant, (rep.), and T. G. Phelps, (rep.), term expires January, 1860. C. H.

S. Williams, (rep.), and S. H. Parker, (rep.), term expires
January, 1861.

*The pay of officers, members and employés of the Legislature is established as follows: By Act of the Legislature April 21, 1856, the Lieutenant-Governor and Speaker of the Assembly, twelve dollars per day; Members for the first ninety days of the session, ten dollars, and for the remainder five dollars per day, and mileage at the rate of four dollars for every twenty miles of travel from their residences, by the nearest mail route, to the Capitol. By the Act of April 26, 1858, the Secretary of the Senate, the Clerk of the Assembly and the Sergeant-at-Arms of the Senate and Assembly, each receive ten dollars per day, and the Assistants, each nine dollars per day; to the Engrossing Clerk, fifteen cents per folio; to the Enrolling Clerks, twenty cents per folio, and for all other copying, twelve cents per folio; to the Committee Clerks, each eight dollars; to the porters, each five dollars, and to the pages, each three dollars per day.

+ Democrats, 25; Anti-Lecompton Democrats, 5; Republicans, 4; Independent, 1. To be elected by the Senate.