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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 returns received of votes cast for and against the new constitution. If, by such examination and computation, it is ascertained that a majority of the whole number of votes cast at such election is in favor of such new constitution, the executive of this state shall, by his proclamation, declare such new constitution to be the constitution of the state of California, and that it shall take effect and be in force on the days hereinafter specified.
Sec. 10. In order that future elections in this state shall conform to the requirements of this constitution, the terms of all officers elected at the first election under the same shall be, respectively, one year shorter than the terms as fixed by law or by this constitution; and the successors of all such officers shall be elected at the last election before the expiration of the terms as in this section provided. The first officers chosen, after the adoption of this constitution, shall be elected at the time and in the manner now provided by law. Judicial officers and the superintendent of public instruction shall be elected at the time and in the manner that state officers are elected.
ELECTIONS.—Suggested but not decided that it may have been, and probably was, contemplated by the framers of the constitution that, when the legislature should provide for the election of county, township, and municipal officers, it would require such election to be held in the even-numbered years; but whether the legislature must do 80, not decided. (Barton v. Kalloch, 56 Cal. 95.)
This section refers only to the officers mentioned in section 20, article 20; that is, only to officers who derive their right to hold office immediately from the constitution; and does not refer to municipal or county officers. (Barton v. Kalloch, 56 Cal. 95.)
Justices of the peace are judicial officers within the meaning of this section, and must be elected at the general election. (McGrew v. Mayor etc. of San Jose, 55 Cal. 611; People v. Ransom, 58 Cal. 558.)
A police judge, though a judicial officer, is also a municipal officer, and is not one of those mentioned in this section. (People v. Henry, 62 Cal. 557.)
This section does not require that the term of such judicial officers as the legislature may authorize to be elected shall be uniform throughout the state. (Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87.)
Sec. 11. All laws relative to the present judicial system of the state shall be applicable to the judicial system created by this constitution until changed by legislation.
JUDICIAL SYSTEM.-The several courts of the state continued with their jurisdiction, notwithstanding the adoption of the amendments of 1862, until the organization of the new courts by which they were to be superseded. (Gillis v. Barnett, 38 Cal. 393.)
Section 204 of the Code of Civil Procedure as to grand juries was continued in force by this provision of the constitution. (People v. Durrant, 116 Cal. 179, 48 Pac. 75.)
The justices of the peace of the city and county of San Francisco provided for by tbe act of 1866 were continued in force by this section, and are not affected by the County Government Act. (Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87. But see People v. Cobb, 133 Cal. 74.
The provision of the fee bill of 1876, 80 far as it provided for the fees to be paid to the clerk of the district court, wen a law relating to the judicial system of the state, and was kept in force by the new constitution, and made applicable to the courts organized thereunder. (People v. Hamilton, 103 Cal. 488, 37 Pac. 627.)
This section continued in force the provision for the drawing of trial jurors. (People v. Richards, 1 Cal. App. 566, 82 Pac. 691.)
The superior court has jurisdiction, as the successor of the district court, to entertain proceedings under sections 312 and 315 of the Civil Code, although those sections mention the district court. (Wickersham v.
Brittan, 93 Cal. 34, 28 Pac. 792, 29 Pac. 51.) The power of appointing police commissioners, vested in the judges of certain district courts by the act of 1878, was not a judicial power, did not pertain to the judicial system of the state, and did not devolve upon the judges of the superior courts. (Heinlen v. Sullivan, 64 Cal. 378, 1 Pac. 158.)
Under this section, the law giving the district court power to fix the compensation of phonographic reporters was continued in force, and made applicable to superior courts. (Ex parte Reis, 64 Cal. 233, 30 Pac. 806.)
Under this section, the law regulating appeals from justices' courts to the county courts applied to appeals to the superior court. (California Fruit etc. Co. v. Superior Court, 60 Cal. 305.)
The clerk of the superior court succeeding to a district court has power, without a previous order of the court, to issue an execution upon a judgment of the district court. (Dorn v. Howe, 59 Cal. 129.)
The statute providing for the drawing of jurors in the presence of the county judge, clerk and sheriff was not superseded by the constitution, since the superior judge would either succeed to the duty of the county judge, or, there being no county judge, the presence of the clerk and sheriff would be sufficient. (People v. Gallagher, 55 Cal. 462.)
Sec. 12. This constitution shall take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-nine, at twelve o'clock meridian, so
as the same re
lates to the election of all officers, the commencement of their terms of office, and the meeting of the legislature. In all other respects, and for all other purposes, this constitution shall take effect on the first day of January, eighteen hundred and eighty, at twelve o'clock meridian.
J. P. HOGE,
Luke D. Doyle,
Jonathan M. Dudley,
Thomas H. Estey, Peter Bell,
Henry Edgerton, Marion Biggs,
M. M. Estee, ✓ E. T. Blackmer,
Edward Evey, Joseph C. Brown, J. A. Filcher, Saml. B. Burt,
Simon J. Farrell,
Jacob Richard Freud,
B. B. Glasscock,
W. P. Grace, Hamlet Davis,
William J. Graves, Jas. E. Dean,
V. A. Gregg,