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by delivery to the President, Secretary, or other proper officer of the House, or it becomes a law.—Harpending vs. Haight, 39 Cal., p. 189.


Wbat officers liable to impeachment, etc.

Sec. 18. The Assembly shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two thirds of the members present.

Sec. 19. The Governor, Lieutenant Governor, Secre. tary of State, Controller, Treasurer, Attorney General, Surveyor General, Justices of the Supreme Court, and Judges of the District Court, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried for misdemeanor in office in such a manner as the Legislature may provide.

Member SEC. 20. No Senator or member of Assembly shall, ineligible to office during the term for which he shall have been elected, be created during his appointed to any civil office of profit under this State

which shall have been created or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people.

term of office.

Persons holding lucrative offices under the United States Government, otc.

Sec. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that officers in the militia to which there is attached no annual salary, or local officers and Postmasters, whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.

Note.—The word “eligible” in this section means capable of being chosen;—the subject of selection-or the choice; and the term "compensation" means the income of the office-not its profits.-Searey vs. Grow, 15 Cal., p. 117. The Federal office of Surveyor General

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SEC. 22. No person who shall be convicted of the em- Embezzlebezzlement or defalcation of the public funds of this dofaleation

of public State shall ever be eligible to any office of honor, trust, or funds by profit under this State; and the Legislature shall, as Penalty. soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony.

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Sec. 23. No money shall be drawn from the Treasury Public

money and but in consequence of appropriations made by law. An accounts,

how accurate statement of the receipts and expenditures of disposed of

and kept, the public moneys shall be attached to and published etc. with the laws at every regular session of the Legislature.

NOTE.—To an appropriation nothing more is requisite than a designation of the amount and the Fund out of which it shall be paid; it is not necessary that funds to meet the same should be in the Treasury.McCauley vs. Brooks, 16 Cal., p. 11.

SEC. 24. The members of the Legislature shall receive Compensa

tion, how for their services a compensation to be fixed by law, and fixed." paid out of the public Treasury; but no increase of the compensation shall take effect during the term for which the members of either House shall have been elected.

SEC. 25. Every law enacted by the Legislature shall Titlo of

laws, etc. embrace but one object, and that shall be expressed in the title; and no law shall be revised or amended by reference to its title; but in such case the Act revised or section amended shall be reënacted and published at length.

NOTE.-This section directory, and does not defeat Acts passed in violation of it.-Pierpont vs. Crouch, 10 Cal., p. 315; Ex Parte Newman, 9 Cal., p. 502; Washington vs. Page, 4 Cal., p. 388; De Witt vs. S. F., 2 Cal., p. 289. The amendment of a statute operates as an absolute repeal of the old statute or section amended.- Billings vs. Harvey, 6 Cal., p. 381.


Sec. 26. No divorce shall be granted by the Legislature.



Sec. 27. No lottery shall be allowed by this State, nor shall the sale of lottery tickets be allowed.

Sec. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, in the years one thousand eight hundred and fiftytwo and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature.

Apportion- Sec. 29. The number of Senators and members of ment of Legislators Assembly shall, at the first session of the Legislature

holden after the enumerations herein provided for are made, be fixed by the Legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of Assembly shall not be less than twenty-four, nor more than thirty-six, until the number of inbabitants within this State shall amount to one hundred thousand; and, after that period, in such ratio that the whole number of members of Assembly shall never be less than thirty nor more than eighty.


Sec. 30. When a Congressional, Senatoriai, or Assemsional, Senatorial, bly District shall be composed of two or more counties, and Assembly it shall not be separated by any county belonging to Districts.

another district. No county shall be divided in forming a Congressional, Senatorial, or Assembly District so as to attach one portion of a county to another county; but the Legislature may divide each county into as many Congressional, Senatorial, or Assembly Districts as such county may by apportionment be entitled to.

Note.-The Legislature may change Assembly districts so as to join two counties in one district.-People vs. Hill, 7 Cal., p. 97.

Sec. 31. Corporations may be formed under general Corpora:

tions, laws, but shall not be created by special Act, except for municipal purposes. All general laws and special Acts passed pursuant to this section may be altered from timo to time, or repealed.

Note.-The power of the Legislature to change the name of a corporation by special statute was considered, but not decided, in The Pacific Bank vs. De Ro, 37 Cal., p. 538. Exclusive franchises may be conferred by the Legislature upon persons or corporations, and no restriction upon this power is imposed by the Constitution, except as to the particular privileges specified therein. Hence it was held that the Act of May 3d, 1852, granting to Allen & Burnham the exclusive right to maintain a telegraph between Sacramento and San Francisco was constitutional.-Cal. State Tel. Co. vs. Alta Tel. Co., 22 Cal., p. 398.

Sec. 32. Dues from corporations shall be secured by Dues of such individual liability of the corporators and other tions, etc. means as may be prescribed by law.


SEC. 33. The term corporations, as used in this Article, What are shall be construed to include all associations and joint tions. stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue Their

powers and and shall be subject to be sued in all Courts, in like cases duties. as natural persons.

The Legislature shall have no power to pass Banks of any Act granting any charter for banking purposes, but authorized associations may be formed, under general laws, for the deposit of gold and silver; but no such associations shall make, issue, or put in circulation any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money.

Sec. 35. The Legislature of this State shall prohibit Banks of by law any person or persons, association, company, or prohibited. corporation from exercising the privileges of banking or creating paper to circulate as money.

Individual Sec. 36. Each stockholder of a corporation or joint liability of corporators stock association shall be individually and personally for debt. liable for þis proportion of all its debts and liabilities.

NOTE.—This section is not self executing; legislation is necessary to give it effect. The Legislature may not say that a stockholder shall not be liable for any of the debts of a corporation, but may say that he shall be liable for a portion and what that portion shall be. The same rate of liability must be imposed upon all stockholders, and the law must operate alike upon all corporations.-French vs. Teschemaker, 24 Cal., p. 539; same questions discussed in Robinson vs. Bidwell, 22 Cal., p. 379. An Act authorizing the formation of corporations without attaching an individual liability to the stockholders would be void.-French vs. Teschemaker, 24 Cal., p. 539. Persons contracting with a corporation may stipulate to waive the individual liability of the stockholders, and such stipulation is valid. French vs. Teschemaker, 24 Cal., p. 560; per Crocker, J., in Robinson vs. Bidwell, 22 Cal., p. 379.


Organiza- SEC. 37. It shall be the duty of the Legislature to tion of municipal provide for the organization of cities and incorporated tions. villages, and to restrict their power of taxation, assess.

ment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations.

Note.—The Legislature may authorize municipal corporations to pay claims equitable and just in themselves, but which are invalid in law.-Blanding vs. Burr, 13 Cal., p. 343. The Legislature may at pleasure increase, restrict, or repeal the powers of a municipal corporation, saving only vested rights.- Blanding vs. Burr, 13 Cal., p. 343. There is no constitutional inhibition against incorporating a portion of the inhabitants of a county as a city, or creating a county out of

the territory of a city.-People vs. Hill, 7 Cal., p. 97. Legislative

Sec. 38. In all elections by the Legislature the memelections

bers thereof shall vote viva voce, and the votes shall be viva voce.

entered on the journal.

to be

ments to
IV not to

Sec. 39. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to Article IV by the Legislature of eighteen hundred and sixty-one, no officer shall be suspended

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