This jurisdiction as a circuit court was taken sway by an act passed by congress March 2, 1855, which established in California a circuit court of he United States for the districts of.California, and sonferred upon it the ordinary jurisdiction of such I court, both original and appellate. This act also ;ives to the circuit judge the right and power to 'arm part of and preside over either of the district warts when exercising appellate jurisdiction over awes brought from the board of land commis lion ers.
5. The constitution enjoins upon the legislature he creation of a system of common schools, and ievotes to their support the proceeds of all lands let may be granted by the United States for the iupport of schools, and the five hundred thousand acres of land granted to the new states under the Let of congress distributing the proceeds of the ,ublic lands among the several states, and the :states of all deceased persons who may have died without leaving any will or heir.
In the broadest terms it secures freedom of reli ;ious opinion and the liberty of speech and the mass, and contains provisions that no person shall se imprisoned for debt in any civil action, on mosnc or final process, unless in cases of fraud; that foreigners who are or may hereafter beouma bond fide residents of the state shall enjoy the same rights in respect to the possession, enjoy ment, and inberitanoe of property as native-horn citizens; that slavery and involuntary servitude, unless for the punishment of crimes, shall never be tolerated in the state; that the credit of the state shall not in any manner be given or loaned to or in aid of any individual, association, or car; poration, nor shall the state, directly or indirectly, become a stockholder in any association or corpo ration; that all property, both real and personal, of the wife, owned or claimed by her before mar riage, 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 sepa rate property as to that held in common with her husband. Laws are also to be passed providing for the registration of the wife's separate property; that a certain portion of the homestead and other property of all heads of families shall be exempted from forced rate. Under the latter provision the
law exempts the homestead of the head of the family, not exceeding in value the sum of five thousand dollars.
6. The Legialoiire Power is vested in a senate and assembly. The sessions of the legislature are annual, and commence on the first Monday of January, unless convened before that day by the governor. The senators must be electors of the district they represent, citizens and inhabitants of the state one year, and of the district from which they are ohosen six months, next before the elec tion.. They are chosen for the term of two years. Their number is to be not less than one-half that of the members of the assembly; end, as nearly es possible, one-half of the whole numher are to be elected each year. The lieutenant-governor pre sides over the senate, but has only a casting vote.
Members of the assembly must be qualified elect ors of their counties.
They are chosen annually.
The assembly has the sole power of impeach ment; and all impeachments are tried by the senate. The governor, lieutenant-governo•, secre tary of state, comptroller, treasurer, attorney-gene ral, justices of the supreme court, and judges of the district court are liable to impeachment for any misdemeanor in office; but the judgment in such cases extends only to removal from office and disqualification to hold any office of honor, trust, or profit under the state.
Members of the legislature are to receive a com pensation, to be fixed by law and paid out of the public treasury; but no increase of compensation shall take effect during the term for which the members of either house shall have been elected.
7. No senator or member of assembly can, during the term for which be was elected, be ap pointed to any civil office of profit under the state which has been created or the emoluments of which have been increased during his term, except stioh offices as may be filled by election by the people.
The legislature is prohibited from granting any divorce, or allowing the sale of lottery-tickets, from granting any charter for banking purposes, and from creating any corporation by special act, except for municipal purposes.