any municipality therein, and all fines, taxes, penalties, and forfeitures due or owing to this state, or any subdivision or municipality thereof, and all writs, prosecutions, actions, and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this constitution. All indictments or informations which shall have been found, or may hereafter be found, for any crime or offense committed before this constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in this constitution.

Sec. 3. All courts now existing, save justices' and police courts, are hereby abolished; and all records, books, papers, and proceedings from such courts, as are abolished by this constitution, shall be transferred on the first day of January, eighteen hundred and eighty, to the courts provided for in this constitution; and the courts to which the same are thus transferred shall have the same power and jurisdiction over them as if they had been in the first instance commenced, filed, or lodged therein.

COURTS.-When a trial was commenced and the testimony taken by a judge before his term expired under the old constitution, and he was re-elected under the new, he may, as a judge under the new, decide the case on the evidence then taken, without a resubmission. (Seale v. Ford, 29 Cal. 104.)

The amendments to the constitution in 1862 did not ipso facto supersede the existing courts, but such

courts continued in existence until the new system should be in a condition to exercise its functions. (In re Oliverez, 21 Cal. 415.)

The justices of the peace of the city and county of San Francisco, provided for by the act of 1866, were continued in force by this section, and are not affected by the provisions of the County Government Act. (Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87. But. see People v. Cobb, 133 Cal. 74.)

The superior court of San Francisco is the successor of the municipal criminal court of that city and county. (Ex parte Williams, 87 Cal. 78, 24 Pac. 602, 25 Pac. 248.)

An action to abate a nuisance pending in the district court, being held to be an action in equity under the former constitution, is not affected by the adoption of the new constitution. (Learned v. Castle, 67 Cal. 41, 7 Pac. 34.)

The superior court of San Francisco acquired jurisdiction of an action pending in the district court of San Francisco to recover real estate in Sonoma county. (Gurnee v. Superior Court, 58 Cal. 88; San Francisco Sav. Union v. Abbott, 59 Cal. 400.)

It would seem that it was intended that the superior judge should succeed to the duty of the county judge in respect to the drawing of jurors. (People v. Gallagher, 55 Cal. 462.)

The superior court is the successor of the county court, and may issue all necessary writs to the execution of its judgment. (Ex parte Toland, 54 Cal. 344.)

The superior court is the successor of the district court, and may carry into execution a judgment of death rendered by the district court. (People v. Colby, 54 Cal. 184.)

Sec. 4. The superintendent of printing of the state of California shall, at least thirty days before the first Wednesday in May, A. D. eighteen hundred and seventy-nine, cause to be printed at the state printing office in pamphlet

form, simply stitched, as many copies of this constitution as there are registered voters in this state, and mail one copy thereof to the postoffice address of each registered voter; provided, any copies not called for ten days after reaching their delivery office, shall be subject to general distribution by the several postmasters of the state. The governor shall issue his proclamation, giving notice of the election for the adoption or rejection of this constitution, at least thirty days before the said first Wednesday of May, eighteen hundred and seventy-nine, and the boards of supervisors of the several counties shall cause said proclamation to be made public in their respective counties, and general notice of said election to be given at least fifteen days next before said election.

Sec. 5. The superintendent of printing of the state of California shall, at least twenty days before said election, cause to be printed and delivered to the clerk of each county in this state five times the number of properly prepared ballots for said election that there are voters in said respective counties, with the words printed thereon: "For the new constitution." He shall likewise cause to be so printed and delivered to said clerks five times the number of properly prepared ballots for said election that there are voters in said respective

counties, with the words printed thereon: 'Against the new constitution." The secretary of state is hereby authorized and required to furnish the superintendent of state printing a sufficient quantity of legal ballot paper, now on hand, to carry out the provisions of this section.

Sec. 6. The clerks of the several counties in the state shall, at least five days before said election, cause to be delivered to the inspectors of elections, at each election precinct or polling place in their respective counties, suitable registers, poll-books, forms of return, and an equal number of the aforesaid ballots, which number, in the aggregate, must be ten times greater than the number of voters, in the said election precincts or polling places. The returns of the number of votes cast at the presidential election in the year eighteen hundred and seventy-six shall serve as a basis of calculation for this and the preceding section; provided, that the duties in this and the preceding section imposed upon the clerk of the respective counties shall, in the city and county of San Francisco, be performed by the registrar of voters for said city and county.

Sec. 7. Every citizen of the United States, entitled by law to vote for members of the assembly in this state, shall be entitled to vote for the adoption or rejection of this constitution.

Sec. 8. The officers of the several counties of this state, whose duty it is, under the law, to receive and canvass the returns from the several precincts of their respective counties, as well as of the city and county of San Francisco, shall meet at the usual places of meeting for such purposes on the first Monday after said election. If, at the time of meeting, the returns from each precinct in the county in which the polls were opened have been received, the board must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from time to time until all the returns are received, or until the second Monday after said election, when they shall proceed to make out returns of the votes cast for and against the new constitution; and the proceedings of said boards shall be the same as those prescribed for like boards in the case of an election for governor. Upon the completion of said canvass and returns, the said board shall immediately certify the same, in the usual form, to the governor of the state of California.

Sec. 9. The governor of the state of California shall, as soon as the returns of said election shall be received by him, or within thirty days after said election, in the presence and with the assistance of the controller, treasurer, and secretary of state, open and compute all the