Corporations. Dues. Powers and privileges. Banks and bank circulation. Banking privileges. Individual liability of corporators. Organization of cities and villages. Legislative elections. Effect of amendments. Governor. Election and term. Qualifications. Returns of election. or assembly district, so as to attach one portion of a county to another coun the legislature may divide each county into as many congressional, senat assembly districts, as such county may by apportionment be entitled to. [Ame proposed 1861; ratified 3d September, 1862.(*) 143. SEC. 31. Corporations may be formed under general laws, but shall created by special act, except for municipal purposes.(*) All general laws and acts passed pursuant to this section may be altered from time to time, or repea 144. SEO. 32. Dues from corporations shall be secured by such individual lia the corporators, and other means, as may be prescribed by law.(^) 145. SEC. 33. The term corporations as used in this article shall be construe clude all associations and joint-stock companies, having any of the powers or pr of corporations not possessed by individuals or partnerships. And all corp shall have the right to sue, and shall be subject to be sued, in all courts, in lil as natural persons. 146. SEC. 34. The legislature shall have no power to pass any act granti charter for banking purposes; but associations may be formed, under general laws. deposit of gold and silver, but no such association shall make, issue, or put in circ any bill, check, ticket, certificate, promissory note, or other paper, or the paper bank, to circulate as money. 147. SEC. 35. The legislature of this State shall prohibit, by law, any person sons, association, company, or corporation, from exercising the privileges of b: or creating paper to circulate as money. 148. SEC. 36. Each stockholder of a corporation, or joint-stock association be individually and personally liable for his proportion of all its debts and liabili 149. SEC. 37. It shall be the duty of the legislature to provide for the organ of cities and incorporated villages, and to restrict their power of taxation, asses borrowing money, contracting debts, and loaning their credit, so as to prevent in assessments and in contracting debts by such municipal corporations.(4) 150. SEC. 38. In all elections by the legislature, the members thereof shal viva voce, and the votes shall be entered on the journal. 151 SEC. 39. In order that no inconvenience may result to the public service the taking effect of the amendments proposed to Article Four by the legislat eighteen hundred and sixty-one, no officer shall be suspended or superseded th until the election and qualification of the several officers provided for in said a ments. Amendment, proposed 1861; ratified 3d September, 1862. ARTICLE V. EXECUTIVE DEPARTMENT. 152. SECTION 1. The supreme executive power of this State shall be vested in a magistrate, who shall be styled the governor of the State of California. 153. SEC. 2. The governor shall be elected by the qualified electors at the tim places of voting for members of the assembly, and shall hold his office four years and after the first Monday in December subsequent to his election, and until his cessor is elected and qualified. [Amendment, proposed 1861; ratified 3d September, 18 154. SEC. 3. No person shall be eligible to the office of governor (except at the election) who has not been a citizen of the United States, and a resident of this two years next preceding the election, and attained the age of twenty-five years a time of said election. 155. SEC. 4. The returns of every election for governor shall be sealed up 5 Cal. 214. Exclusive franchises and privileges may be conferred by the legislature upon persons or corporations, California State Telegraph Company vs. Alta Telegraph Company, 22 Cal. 398. () As to the power of the legislature to regulate the individual liability of stockholders in corporations, see Robinson vs. Bidwell, 22 Cal. 379. The legislature of 1861 proposed as an amendment to the constitution and as a portion of section 39 to this article the abrogation and annulling of sections 32 and 56; but the proposition was not adopted by the legislature of 1862. See Statutes of 1861, 662. and Statutes of 1862, 582. (*) The proposed Central Pacific Railroad, leading from Sacra mento, the eastern portion of the State, is so far a public imp ment and sufficiently for the apparent interest of Sacrar that a law authorizing the municipality to become a stockh is not unconstitutional, as imposing a tax upon a local con nity for an improvement in which it has no peculiar int Robinson vs. Bidwell, 22 Cal. 379. The powers of a municipal corporation may be increase stricted or repealed by the legislature at will, saving only v rights, Blanding vs. Burr, 13 Cal, 843. The fact that the legislature has once exercised its powe limiting the extent of taxation in municipal corporations not prevent the legislature from again exercising its powe enlarging the authority to tax, Id. The legislature may authorize a municipal corporation to claims invalid in law, but equitable and just in themselves, () Original section: SEC. 2. The governor shall be elected by the qualified tors, at the time and places of voting for members of assen and shall hold his office two years from the time of his inst tion, and until his successor shall be qualified. transmitted to the seat of government, directed to the speaker of the assembly, who shall, during the first week of the session, open and publish them in presence of both houses of the legislature. The person having the highest number of votes shall be governor; but in case any two or more have an equal and the highest number of votes, the legislature shall, by joint vote of both houses, choose one of said persons, so having an equal and the highest number of votes, for governor. 156. SEC. 5. The governor shall be commander-in-chief of the militia, the army and Commander-innavy of this State. chief. business. 157. SEO. 6. He shall transact all executive business with the officers of government, Executive civil and military, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respective offices. 158. SEC. 7. He shall see that the laws are faithfully executed. Execution of laws. 159. SEC. 8. When any office shall, from any cause, become vacant, and no mode is Filling. provided by the constitution and laws for filling such vacancy, the governor shall have vacancies. power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislature, or at the next election by the people.(^) 160. SEC. 9. He may, on extraordinary occasions, convene the legislature by procla- Special sessions of legislature. mation, and shall state to both houses, when assembled, the purpose for which they shall have been convened. messages. 161. SEC. 10. He shall communicate by message, to the legislature, at every session, Executive the condition of the State, and recommend such matters as he shall deem expedient. 162. SEC. 11. In case of a disagreement between the two houses, with respect to Adjournment of the time of adjournment, the governor shall have power to adjourn the legislature to legislature. such time as he may think proper; provided it be not beyond the time fixed for the = meeting of the next legislature. 163. SEC. 12. No person shall, while holding any office under the United States, or Disabilities. this State, exercise the office of governor, except as hereinafter expressly provided. 164. SEC. 13. The governor shall have the power to grant reprieves and pardons Reprieves and after conviction, for all offenses except treason and cases of impeachment, upon such pardons, conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the pardon or reprieve. 165. SEC. 14. There shall be a seal of this State, which shall be kept by the gov- Seal of State. ernor, and used by him officially, and shall be called "The Great Seal of the State of California." 166. SEC. 15. All grants and commissions shall be in the name and by the authority Grants and comof the people of the State of California, sealed with the great seal of the State, signed missions. by the governor, and countersigned by the secretary of State. 167. SEC. 16. A lieutenant-governor shall be elected at the same time and places, Lieutenantand in the same manner as the governor; and his term of office, and his qualifications governor. of eligibility, shall also be the same. He shall be president of the senate, but shall only have a casting vote therein. If, during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the president of the senate shall act as governor until the vacancy be filled or the disability shall cease. 168. SEC 17. In case of the impeachment of the governor, or his removal from When duties of office, death, inability to discharge the powers and duties of the said office, resignation, governor to or absence from the State, the powers and duties of the office shall devolve upon the tenant-governor () This power in the governor is limited by the period when the people or the legislature can elect or appoint; on the arrival of which his power ceases, Casserly vs. Fitch, 1 Cal. 519. A constitutional officer cannot be divested of his office otherwise than as prescribed by the constitution. Doubt expressed as to whether the absence of a judge from the State is such a vacancy as can be supplied by the executive, People vs. Wells, 2 Cal. 198. Where there is a failure to fill an elective office on the expiration of a term, though the incumbent holds until his successor is appointed and qualifies, the office becomes de jure vacant, and can be filled by the governor, Langdon vs. Reid, 5 Cal. 288. devolve on lieu As to what constitutes a vacancy, consult Ryder vs. Mizner, 7 Cal. 519, and Aylett vs. Langdon, & Cal. 1. A person appointed by the governor to fill a vacancy in the office of superintendent of immigration for San Francisco is entitled to hold until a new appointment by the governor and senate. The governor cannot, after the commission is issued, revoke it; and the appointee cannot be disturbed until the office is filled pursuant to statute, Wetherbee vs. Cazneau, 20 Cal. 503. This section applies only to those cases of vacancies for filling which no other mode is provided by the constitution and laws," and has no application to vacancies the mode of filling which is provided by the law of April 28th, 1851, concerning ofhicers, Id. Other State officers. Duties of secretary of State. Election of Compensation. lieutenant-governor for the residue of the term, or until the disability shall cea But when the governor shall, with the consent of the legislature, be out of the in time of war, at the head of any military force thereof, he shall continue comma in-chief of the military force of the State. 169. SEC. 18. A secretary of State, a controller, a treasurer, an attorney gel and a surveyor general, shall be elected at the same time and places, and in the manner as the governor and lieutenant-governor, and whose term of office shall same as the governor.() [Amendment, proposed 1861; ratified 3d September, 1 170. SEC. 19. The secretary of State shall keep a fair record of the official a the legislative and executive departments of the government, and shall, when requ lay the same, and all matters relative thereto, before either branch of the legisla and shall perform such other duties as may be assigned him by law; and in order po inconvenience may result to the public service, from the taking effect of the arr ments proposed to said Article Five by the legislature of eighteen hundred and s one, no officer shall be superseded or suspended thereby, until the election and qu cation of the several officers provided for in said amendments. [Amendment, proj 1861; ratified 3d September, 1862.(4) 171. SEC. 20. The controller, treasurer, attorney general, and survevor general, be chosen by joint vote of the two houses of the legislature, at their first session u this constitution, and thereafter, shall be elected at the same time and places, ar the same manner as the governor and lieutenant-governor. 172. SEC. 21. The governor, lieutenant-governor, secretary of State, controller, ti urer, attorney general, and surveyor general, shall each, at stated times during t continuance in office, receive for their services a compensation, which shall not be creased or diminished during the term for which they shall have been elected ; neither of these officers shall receive for his own use any fees for the performance his official duties. Judicial power. Supreme court. Election of ARTICLE VI. JUDICIAL DEPARTMENT. 173. SECTION 1. The judicial power of this State shall be vested in a supreme co in district courts, in county courts, in probate courts, and in justices of the peace, in such recorders and other inferior courts as the legislature may establish in incorporated city or town.() [Amendment, proposed 1861; ratified 3d Septem 1862.() 174. SEC. 2. The supreme court shall consist of a chief justice and four associ justices. The presence of three justices shall be necessary for the transaction of b ness, excepting such business as may be done at chambers, and the concurrence three justices shall be necessary to pronounce a judgment. [Amendment, proposed 18 ratified 3d September, 1862.() 175. SEC. 3. The justices of the supreme court shall be elected by the qualif supreme judges. electors of the State at special elections to be provided by law, at which elections () When the constitution clearly enumerates the events that shall constitute a vacancy in a particular office (as it is held to do here in regard to the office of governor) all other causes of vacancy are excluded, Melony, vs. Whitman, 10 Cal. 38. () The constitutional policy is that all elective officers connected with the executive department shall be elected biennially at the same time and place and in the same manner. An appointment of a controller by the governor before this election cannot defeat this policy, nor deprive the people of their right to fill the office of controller at such election, Brooks vs. Melony, 15 Cal. 58. (4) Original section: SEC. 19. The secretary of State shall be appointed by the governor, by and with the advice and consent of the senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature; and shall perform such other duties as shall be assigned him by law. () Each branch of the judicial department has its functions assigned by the constitution, and is beyond the control of either of the other departments of the government, Parsons vs. Tuolumne County Water Company, 5 Cal. 43. The legislature cannot confer on one court the functions and powers which the constitution has conferred on another; consequently a law vesting justices of the peace with jurisdiction where the amount in controversy amounts to that over wh district courts have jurisdiction is unconstitutional, Zander Coe, 5 Cal. 230. Under the power to establish such municipal and other ferior courts as may be necessary," the courts thus created co only be of inferior, limited and special jurisdiction. The superior court of San Francisco could, therefore, not be ves with jurisdiction so as to let its powers run beyond its territo Meyer vs Halkman, 6 Cal. 582. The purpose and effect of the amendment of Article VI. is to suspend the administration of any portion of the laws of t State, but to provide a judiciary system which will go into of ration when the necessary officers shall be elected pursuant laws to be hereafter enacted, and to continue the former judi ary system in force until the new one shall be in a condition exercise its functions. The old provisions cease to have effe from time to time as the substituted provisions commence operate, Ex parte Carlos Oliverez, 21 Cal. 415. The term "municipal courts" has a legal meaning and includ mayors' and recorders' courts, Uridias vs. Morrill, 22 Cal. 473. The constitution not having defined the jurisdiction of th municipal courts authorized to be established, it is left to be re ulated by the legislature under its general powers, Id. (f) Original section: SECTION 1. The judicial power of this State shall be vested i a supreme court, in district courts, in county courts, and in ju tices of the peace. The legislature may also establish such mu nicipal and other inferior courts as may be deemed necessary. () Original section: SEC. 2. The supreme court shall consist of a chief justice an two associate justices, any two of whom shall constitute quoruin. 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. [Amendment, proposed 1861; ratified 3d September, 1862.(*) 176. SEC. 4. The supreme court shall have appellate jurisdiction in all cases in Jurisdiction of equity; also, in all cases at law which involve the title or possession of real estate, or the supreme court. 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, 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. [Amendment, proposed 1861; ratified 3d September, 1862.(") tricts. 177. SEC. 5. The State shall be divided by the legislature of eighteen hundred and Judicial Dis 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 tho 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 forfeited his office. [Amendment, proposed 1861; ratified 3d September, 1862.(*) (*) Original section: SEC. 3. The justices of the supreme court shall be elected at the general election, by the qualified electors of the State, and shall hold their office for the term of six years from the first day of January next after their election; provided that the legislature shall, at its first meeting, elect a chief justice and two associate justices of the supreme court, by joint vote of both houses, and so classify them that one shall go out of office every After the first election, the senior justice in commission shall be the chief justice. () Original section: two years. SEO. 4. The supreme court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two hundred dollars, when the legality of any tax, toll, or impost, or municipal fine is in question, and in all criminal cases amounting to felony, or questions of law alone. And the said court, and each of the justices thereof, as well as all district and county judges, shall have power to issue writs of habeas corpus at the instance of any person held in actual custody. They shall also have power to issue all other writs and process necessary to the exercise of their appellate jurisdiction, and shall be conservators of the peace throughout the State. The supreme court being created by the constitution, and its powers being therein defined, the jurisdiction therein conferred must be taken as exclusive; hence, under the original section it was held that it had no original jurisdiction, except in cases, of habeas corpus, and could not issue a quo warranto, Attorney General ex parte, 1 Cal. 85. Nor could it issue a certiorari, Warner vs. Hall, 1 Cal. 90. But it could exercise its appellate powers by means of mandamus, and it seems, of certiorari, &c., People vs. Turner, 1 Cal. 143; White vs. Lighthall, 1 Cal. 347; see Cowell vs. Buckslew, 14 Cal. 640. No appeal lay from the judgment of a district court on an appeal from an order of the court of sessions upon an application for a ferry license, 2 Cal. 133. Held that the supreme court had power to issue a writ of error to a county court, where the supreme court had jurisdiction of the subject matter, and there was no express provision by law by which the case could be brought up, Adams & Co. vs. Town, 8 Cal. 247. This court has no appellate jurisdiction in cases of misdemeanor or crimes of a less degree than felony, and no jurisdiction can be conferred by the legislature, People vs. Applegate, 5 Cal. 295; People vs. Shear, 7 Cal. 189; People vs. Vick, 7 Cal. 165. The supreme court has no power to naturalize, Ex parte Frank District jugdea by statute. Where an appeal is given that remedy is exclusive, Haight vs. Gay, 8 Cal. 297. The supreme court possesses appellate jurisdiction in all cases, except as provided in the constitution: it consequently has appellate jurisdiction in divorce cases, Conant vs. Conant, 10 Cal. 249. Jurisdiction on appeal will not be entertained where the record (in a suit for damages) fails to show that the matter in dispute exceeds $200, Doyle vs. Seawall, 12 Cal. 280. The words "matter in dispute" means the subject of litigation. Costs form no part of it, Dumphy vs. Guindon, 13 Cal. 28; Votan vs. Reese, 20 Cal. 89. Where suit was brought for $200 and defendant pleaded a setoff of $125, Held that the matter in dispute did not exceed $200, Simmons vs. Brainard, 14 Cal. 278. Where there was a judgment for plaintiff against defendant for $600, and defendant, having a judgment against plaintiff for $110 in another court, moved to set it off, which was denied, Held on appeal of the motion that the matter in dispute did not exceed $200, Crandall vs. Blen, 15 Cal. 406. Some offenses may be punished either as felonies or misdemeanors, and in such cases the punishment inflicted must determine the grade of the offense. If the punishment is a fine for a misdemeanor, though it exceeds $200, the supreme court has no appellate jurisdiction, People vs. Cornell, 16 Cal. 187. The half pilotage allowed by the twenty-third section of the act of March 29th, 1856, relating to pilots, is not a "toll" within the meaning of the constitution, Harrison vs. Green, 18 Cal. 94. Where the matter in dispute does not exceed the constitutional sum, the supreme court has no appellate jurisdiction, though the demand is secured by a mechanic's lien or a mortgage, of which a foreclosure is sought in the same case, Poland vs. Carrigan, 20 Cal. 174. The supreme court could not, under the original Article, issue the writ of certiorari except in aid of its appellate jurisdiction; consequently the provision of section 456 of the practice act held not to apply to it, Miliken vs. Huber, 21 Cal. 169. Where in an action of forcible entry and detainer, plaintiff had judgment in a justice's court for $20 damages and $20 fine and costs, from which defendant appealed to the county court, where the action was dismissed and afterwards a new trial granted, Held that it was doubtful whether the supreme court had jurisdiction of an appeal from the order, Quinn vs. Kenyon, 22 Cal. 82. (e) Original section: SEC. 5. The State shall be divided by the first legislature into a convenient number of districts, subject to such alteration from time to time as the public good may require, for each of which a district judge shall be appointed by the joint vote of the Jurisdiction of district courts. County courts and county judges. 178. SEC. 6. The district courts shall have original jurisdiction in all cases in e also, in all cases at law which involve the title or possession of real property, legality of any tax, impost, assessment, toll, or municipal fine, and in all other e which the demand, exclusive of interest, or the value of the property in contro amounts to three hundred dollars; and also in all criminal cases not otherwis vided for. The district courts and their judges shall have power to issue w habeas corpus on petition by or on behalf of any person held in actual custody in respective districts. [Amendment, proposed 1861; ratified 3d September, 1862.( 179. SEC. 7. There shall be in each of the organized counties of the State a c court, for each of which a county judge shall be elected by the qualified elect the county, at the special judicial elections to be held, as provided for the electi justices of the supreme court by section three of this Article. The county judges hold their offices for the term of four years from the first day of January next their election. Said courts shall also have power to issue naturalization pap Probate Judge In the City and County of San Francisco the legislature may separate the oth probate judge from that of county judge, and may provide for the election of a bate judge, who shall hold his office for the term of four years. [Amendment, pro 1861; ratified 3d September, 1862.(*) in San Francisco. Jurisdiction of county courts. 180. SEC. 8. The county courts shall have original jurisdiction of actions of for entry and detainer, of proceedings in insolvency, of actions to prevent or abate a sance, and of all such special cases and proceedings as are not otherwise provided and also, such criminal jurisdiction as the legislature may prescribe; they shall have appellate jurisdiction in all cases arising in courts held by justices of the I and recorders, and in such inferior courts as may be established, in pursuance of tion one of this Article, in their respective counties. The county judges shall hold in their several counties probate courts, and perform such duties as pro judges as may be prescribed by law. The county courts and their judges shall have power to issue writs of habeas corpus, on petition by or on behalf of any pe in actual custody in their respective counties. [Amendment, proposed 1861; rat 3d September, 1862.(d) legislature, at its first meeting, who shall hold his office for two years from the first day of January next after his election; after which, said judges shall be elected by the qualified electors of their respective districts, at the general election, and shall hold their office for the term of six years. An act of the legislature, by which a district judge of one district is empowered to hold a district court in another district, is not unconstitutional, People vs. McCauley, 1 Cal. 379. An election for district judge at the general election of 1858, when the then incumbent's office was not to expire until 1861, Held unauthorized, Brodie vs. Weller, 11 Cal. 77. When a district judge is elected by the people on the occasion of a vacancy, he is elected for a full term, and this, though the proclamation of the governor is for the unexpired term. The legislature can direct the time and prescribe the manner of electing district judges, but cannot change the tenure of the office, People vs. Burbank, 12 Cal. 378. (*) Original section: SEC. 6. The district courts shall have original jurisdiction, in law and equity, in all civil cases where the amount in dispute exceeds two hundred dollars, exclusive of interest. In all criminal cases not otherwise provided for, and in all issues of fact joined in the probate courts, their jurisdiction shall be unlimited. The jurisdiction of district courts is confirmed and defined by the constitution, and no statute can deprive them of their powers. Consequently they have jurisdiction of mining claims if the amount in controversy is sufficient, though the legislature says that justices of the peace shall have jurisdiction of mining claims, Hicks vs. Bell, 3 Cal. 219; Freeman vs. Powers, 7 Cal. 104. When the principal sum sued for is less than $200, the district court has not jurisdiction, Arnold vs. Van Brunt, 4 Cal. 89. District courts have no appellate jurisdiction, Reed vs. McCormick, 4 Cal, 342. District courts may render judgment for less than $200, JackBon vs. Whartenby, 5 Cal. 94. A law vesting justices of the peace with jurisdiction, where the amount in dispute exceeds the sum specified in the constitution, is void, Zander vs. Coe, 5 Cal. 230. The district judge while sitting in an equity case is possessed of all the powers of a court of chancery, Sanford vs. Head, 5 Cal. 297. (*) In regard to this section, it is to be noted that the clause relating to naturalization papers was not a part of the section as proposed by the legislature of 1861 (see 1861, 664). It will further be noted that the clause relating to the probate judgeship in the City and County of San Francisco, formed a part of the eighth section and not of the seventh in the amendments proposed in 1861. The legislature of 1862 (see 1862, 584) changed and declared adopted the amendments as above given in the text. It will, however, be further noted that the amendments in regard to the judicial department are to the entire Article VI., and not to the separate sections. (*) The seventh section of the original Article was: SEC. 7. The legislature shall provide for the election, b people, of a clerk of the supreme court, and county clerk trict attorneys, sheriffs, coroners, and other necessary of and shall fix by law their duties and compensation. C clerks shall be, ex officio, clerks of the district courts in an their respective counties. (4) Eighth section of original Article:- SEC. 8. There shall be elected in each of the organized ‹ ties of this State, one county judge, who shall hold his offic four years. He shall hold the county court, and perform duties of surrogate or probate judge. The county judge, two justices of the peace, to be designated according to shall hold courts of sessions, with such criminal jurisdictio the legislature shall prescribe, and he shall peform such duties as shall be required by law. The term "special cases" does not include any class of for which courts of general jurisdiction have always suppli remedy; it must be confined to such new cases as are the tion of statutes, Parsons vs. Tuolumne County Water C pany, 5 Cal. 43. Held, under the original section, that justices of the p were not to be regarded as supernumeraries to the court sessions, but necessary officers, who had to begin with and tinue through a trial, People vs. Ah Chung, 5 Cal. 103, Held, under the ninth section of the original Article, that county court had no jurisdiction to enforce a mechanic's where the amount in controversy exceeded $200, Brock Bruce, 5 Cal. 279. The constitution cannot be construed to confer exclusive ginal jurisdiction in all special cases upon county courts. J tices' courts have jurisdiction in cases of forcible entry, O'Ca ghan vs. Booth, 6 Cal. 63; Small vs. Gwinn, 6 Cal. 447. Insolvency cases are "special cases;" and it was an exercise legitimate power in the legislature to confer jurisdiction in su cases upon both county and district courts, Harper vs. Freel 6 Cal. 76. The grant of authority to county judges to award injunctio in cases brought in district courts is not trenching upon t limits of jurisdiction of any of the courts; it is a mere power issue process auxiliary to the proper jurisdiction of the distr courts, Thompson vs. Williams, 6 Cal. 88. The act of March 27th, 1850, conferring upon the county cou the power of incorporating towns, was unconstitutional. Leg lative functions cannot be exercised by the judiciary, People v Nevada, 6 Cal. 143. Under the act to reorganize San Mateo County (1857, 222) election was held, and Fox was elected county judge. The was no proclamation of the governor for the election. At th general election in 1858 an election was held pursuant to pro lamation, and Templeton was elected to the same office. Hel that Fox was entitled to the office for a term of four years, com mencing from the time of his assumption of the office, Fox v Templeton, 12 Cal. 394. The act giving jurisdiction over the subject of contested elec |